July 2nd, 2010 01:31 PM
WI District Attorney declares most state gun laws unconstitutional
Bold move by this guy. Must have big ones.
District Attorney declares most state gun laws unconstitutional
Wisconsin Army National Guard JAG officer, and Jackson County District Attorney, Gerald R. Fox has something to say about the US Supreme Court's decision in McDonald v. Chicago released earlier this week and holding that the Second Amendment's protections apply against state regulation. In a press release Fox declared 5 Wisconsin state statute unconstitutional:
"I hereby declare that this office will no longer accept law enforcement referrals for violations of the following statutes:
Section 167.31, prohibiting uncased or loaded firearms in vehicles;
Section 941.23, prohibiting the carrying of concealed weapons, including firearms;
Section 941.235, prohibiting the possession of firearms in public buildings;
Section 941.237, prohibiting the possession of firearms in establishments where alcohol may be sold or served; and,
Section 941.24, prohibiting the possession of knives that open with a button, or by gravity, or thrust, or movement."
District Attorney Fox told the examiner.com that the US Supreme Court was clear - the right to bear arms is "fundamental," and therefore state governments can only restrict these rights by way of regulations which are "narrowly tailored to achieve a compelling state interest." Fox said that the Wisconsin Supreme Court decisions in the past on right to bear arms were "intellectually dishonest just like the McDonald minority opinion" because these rulings placed the burden on the citizen to assert a compelling individual need to bear arms to counter the state's interest in enacting general prohibitions on carrying arms.
Though declaring 5 Wisconsin statutes unconstitutional, Fox cautioned Wisconsin gun owners to be careful until the Wisconsin legislature repeals these statutes - however, he added with emphasis, "in Jackson County, they don't risk prosecution" for violating these 5 statutes.
"Each worker carried his sword strapped to his side." Nehemiah 4:18
Guns Save Lives. Paramedics Save Lives. But...
Paramedics With Guns Scare People!
July 2nd, 2010 01:59 PM
Bold move!!! but I hope the movement spreads! (in a sensible manner)
July 2nd, 2010 02:46 PM
Wow, very bold indeed. I'll have to keep this situation on my radar, I'd love to see where this goes.
This post may contain material offensive to those who lack wit, humor, common sense and/or supporting factual or anecdotal evidence. All statements and assertions contained herein may be subject to literary devices not limited to: irony, metaphor, allusion and dripping sarcasm.
July 2nd, 2010 03:06 PM
The police chief in Jackson Co said he disagrees and will still arrest people for it. But sounds like you won't actually get charged.
I work in Jackson Co :) I just hope this spreads to other parts of the state and all over the country!
- NRA Member
Walther PPS 9mm, Ruger LCP
Laugh lots, Love Often, and Defend the Irreplaceable
July 2nd, 2010 03:19 PM
This is the law;
The purpose of fighting is to win.
There is no possible victory in defense.
The sword is more important than the shield and skill is more important than either.
The final weapon is the brain. All else is supplemental. - John Steinbeck
July 2nd, 2010 05:42 PM
A big fire usually starts with a small spark.
July 2nd, 2010 06:07 PM
Les Baer 45
N.R.A. Patron Life Member
July 2nd, 2010 06:09 PM
Great , Now it needs to spread state wide ; )
A Native Floridian = RARE
IT'S OUR RIGHTS>THEY WANT TO WRONG
July 2nd, 2010 06:14 PM
Bless him!! But unfortunately, if the police chief still arrests people for those infractions, they will still "probably" spend the night in jail.
Glock 26 XD9sc
Ruger SR9c Ruger LCP
July 2nd, 2010 06:58 PM
If the Chief of Police want's to continue arresting people for not breaking the law, I'm sure many citizens and their attorneys will be more than glad to sue the c**p out of him for false arrest and violation of their civil rights which SCOTUS just reaffirmed.
"First gallant South Carolina nobly made the stand."
Edge of Darkness
July 2nd, 2010 07:03 PM
We have yet to hear how the Attorney General of the State of Wisconsin reacts to this. I'd recommend not violating the law until the state's Attorney General has had his say.
Some important questions: 1) Does the Attorney General of WI have the authority to prosecute anyway? 2) Does the Attorney General of WI have the authority to fire, discipline or otherwise tell the county DA what to do?
Without answers to those to questions, violating the law based on a public pronouncement by a local prosecutor could turn out to be an expensive mistake.
Frankly, it sounds more like a grand standing public statement than a legal opinion he will be able to stand behind.
July 2nd, 2010 08:24 PM
The law is still very much there, just not being enforced.
Originally Posted by automatic slim
While I like the general idea of what he is trying to do, we are a nation of laws, and have a set process for changing them. This isn't the way.
Now, we must all fear evil men. But there is another kind of evil which we must fear most, and that is the indifference of good men.
July 2nd, 2010 08:26 PM
Wow. Gutsiest move I ever saw, Mav.
It is surely true that you can lead a horse to water but you can't make them drink. Nor can you make them grateful for your efforts.
July 2nd, 2010 08:28 PM
July 2nd, 2010 08:31 PM
Originally Posted by paramedic70002
Now to throw the rest of the antis in the big fire!
Originally Posted by GunGeezer
"You will not rise to the occasion and you will not default to your level of training. You WILL ONLY default to the level of training you have mastered."
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