For the second time, a Sheboygan County judge has dismissed a charge that a man openly carried two guns on his bicycle within 1,000 feet of a school.
Gun rights advocates say the case shows why the restriction, the subject of a federal court challenge, should be found unconstitutional, and at least one prosecutor admits it might be time to at least modify the law.
Matt Hubing, 23, drew concerns from residents one day last month as he pedaled along in Sheboygan Falls with an unloaded rifle on his shoulder and a loaded handgun holstered on his hip. After the fact, police arrested him on charges that he had a gun within 1,000 feet of a school, a felony.
But after Hubing noted that the measurement point for the offense was on private property, which is exempt, Circuit Judge Terence Bourke dismissed the charge. Hubing, who had spent 16 days in jail on $1,000 bail, was released on his own recognizance.
Police then took a new measurement, from a public sidewalk Hubing might have been on during his self-described route from his home to a friend's house. That spot, police said, was 46 feet inside the 1,000-foot zone, and prosecutors refiled the charges June 4.
But at a preliminary hearing Wednesday, Circuit Judge Terry Van Akkeren found no probable cause that Hubing knowingly violated the 1,000-foot zone.
"In fact, it was the opposite," said his attorney, Thomas Lyons. "He had measured as best he could and believed his route was outside the thousand feet."
The law at issue is the subject of a constitutional challenge in federal court.....
http://www.jsonline.com/news/wisconsin/96625354.html.
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