February 9, 2016

Appeals court denies DA concealed carry request

For the second time, Winnebago County prosecutors have been turned down, in efforts to carry concealed weapons in the courthouse. The Second District Appeals Court in Waukesha ruled Friday that the circuit judges in Oshkosh have the authority to prohibit anyone they choose from carrying concealed weapons in their courtrooms.

District Attorney Christian Gossett and his deputy Scott Cernan had argued that they work in a different building than the courts – and walking to and from each location puts them in danger. They believe they have the right to carry concealed, because they obtained the required permits, under the concealed carry law which took effect last November.

The Oshkosh judges turned down the prosecutors’ requests. So the DA went to the State Supreme Court, and the justices turned down his petition in June without saying why.

The appeals court said the judges can control gun possession in their own courtrooms – and the county’s chief judge operates at the pleasure of the Supreme Court.

Among other things, the appeals court also said Gossett and Cernan did not say what grave hardship or irreparable harm they would face from not carrying the weapons.

The attorney for Gossett and Cernan has not commented on Friday’s decision.


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