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10-CV-09 Wisconsin Carry, Inc., v. City of Greenfield

By: WISCONSIN LAW JOURNAL STAFF//March 25, 2011//

10-CV-09 Wisconsin Carry, Inc., v. City of Greenfield

By: WISCONSIN LAW JOURNAL STAFF//March 25, 2011//

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United States District Court
CIVIL OPINIONS
Constitutional Law
Right to bear arms

A lawsuit alleging that the Wisconsin Gun Free School Zone Act violates the right to bear arms states a claim for relief.

“[T]he amended complaint asserts that Greenfield, through a letter from its police chief, warned plaintiff Plautz and his guests that they risked arrest and prosecution for carrying firearms near his home in Greenfield because the house was ‘barely 50 feet outside of a school zone.’ See id. at ∂ 49.

Plaintiffs further allege that they fear criminal prosecution under the Wisconsin Gun Free School Zone Act (‘the Act’), formally codified at Wis. Stat. ß 948.065, in violation of the their constitutional right to bear arms. The Act applies statewide and prohibits the possession of firearms within 1,000 feet of a school.

Plaintiffs also allege, inter alia, that the Act is unconstitutionally overbroad and seek a broad range of relief from defendant, including an injunction prohibiting defendant from denying plaintiffs the right to carry firearms in their homes, and an injunction prohibiting defendant from enforcing the Act. Taking plaintiffs allegations as true, as the court must at this stage, the plaintiffs have stated enough well-pleaded facts to place Greenfield on fair notice as to the claims against it and have suggested that they are entitled to relief above a speculative level. See Tamayo v. Blagojevich, 526 F.3d 1074, 1084 (7th Cir. 2008).”

Motion Denied.

10-CV-09 Wisconsin Carry, Inc., v. City of Greenfield
E.D.Wis., Clevert, J.

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