There is a statute on the books in Wisconsin that forbids concealed carry. Since that statute was written, however, the citizens of Wisconsin amended the state constitution in 1998 to guarantee Wisconsinite’s right to keep and bear arms - including for the purpose of personal protection.

The language of the constitution is very clear. It reads, "The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose." The citizens of Wisconsin are not dolts. We know that even the most tortured reading of this part of the Wisconsin Constitution can’t make Wisconsin’s blanket ban on carrying a concealed weapon constitutional.

Even though the constitutional amendment was passed well after the statute banning concealed carry, the constitution always trumps statutes. That is why the state Supreme Court overwhelmingly voted in 2003 in the Hamden case to throw out Mr. Hamden’s conviction for carrying a concealed weapon and granted a narrow exemption to the law that allows business owners to carry a concealed weapon on their own property, if reasonable danger exists.

Unfortunately, the court stopped short of ruling the statute unconstitutional, but they strongly urged the other two branches of government to create a concealed carry permit process to bring the statute into line with the constitution. Thanks to multiple vetoes by Gov. Jim Doyle, the unconstitutional ban on concealed carry remains on the books until the next case can work its way to the Supreme Court.

This has created a major conundrum for the citizens of Wisconsin. The ban on concealed carry is clearly unconstitutional, but it remains on the books. If a citizen chooses to exercise her right to carry a concealed weapon, she could very well be prosecuted for carrying a concealed weapon. At this point it is likely that such conviction would be thrown out when it makes it to the Supreme Court (assuming they read their ruling in the Hamden case), but it would still involve hundreds of hours and thousands of dollars on the part of the defendant to litigate the case. That’s a big price to expect a single citizen to bear because of Doyle’s failure to uphold the constitution.

While the legal situation of concealed carry works its way out, many Wisconsin citizens are arguing that Wisconsinites actively engage in a perfectly legal activity - open carry. It is perfectly legal in Wisconsin to openly carry a weapon. If I choose to strap my Smith and Wesson .357 magnum to my belt and go shopping for some new clothes at Kohl’s, it is perfectly legal. Ponder for a moment the absurdity of a legal code that permits the open carrying of firearms with no training, permits or restrictions, but completely forbids carrying that same weapon concealed.

Openly carrying a weapon carries its own risks. People aren’t used to average citizens carrying a gun in the open. It makes some of them nervous. Personally, I think that such a reaction is irrational. A crook intent on a violent crime is not likely to carry a weapon openly. The only people who generally do that are police officers and honest citizens. I take comfort in seeing a citizen exercising his or her rights.

Another problem with open carry is that far too many law enforcement officials arrest people openly carrying a weapon for "disorderly conduct," even though there was no conduct that could be reasonably called "disorderly." The only conduct was that of a citizen legally exercising his rights. Often times, the arrest comes as a result of another citizen calling the police, but a well-trained police officer should know that the citizen who is carrying the weapon is doing so legally and move along.

So what’s an honest citizen to do? Carry openly? Carry concealed? How can a citizen exercise his natural and constitutional right to keep and bear arms in Wisconsin?

All of this consternation regarding a peaceful and law-abiding citizen carrying a weapon - whether openly or concealed - highlights the utter failure of Wisconsin’s Legislature and governor to provide a basis of coherent, consistent, and constitutional law by which the citizens of Wisconsin can exercise their right to keep and bear arms. In a free society, such abandonment of the rule of law is both abhorrent and frightening.