WI District Attorney declares most state gun laws unconstitutional

WI District Attorney declares most state gun laws unconstitutional

This is a discussion on WI District Attorney declares most state gun laws unconstitutional within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; 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 ...

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  1. #1
    VIP Member Array paramedic70002's Avatar
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    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.
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  2. #2
    VIP Member Array ctsketch's Avatar
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    Bold move!!! but I hope the movement spreads! (in a sensible manner)
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  3. #3
    VIP Member Array paaiyan's Avatar
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    Wow, very bold indeed. I'll have to keep this situation on my radar, I'd love to see where this goes.
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  4. #4
    Member Array logan's Avatar
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    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!
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  5. #5
    Member Array ImaShepardRU's Avatar
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    Wow! Imagine that!
    This is the law;
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  6. #6
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    A big fire usually starts with a small spark.

  7. #7
    VIP Member Array Supertac45's Avatar
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    Sounds right to me.
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  8. #8
    VIP Member Array hogdaddy's Avatar
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    Great , Now it needs to spread state wide ; )
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  9. #9
    VIP Member Array tkruf's Avatar
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    Bless him!! But unfortunately, if the police chief still arrests people for those infractions, they will still "probably" spend the night in jail.
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    VIP Member Array automatic slim's Avatar
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    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.
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    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.

  12. #12
    Senior Member Array Shadowsbane's Avatar
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    Quote Originally Posted by automatic slim View Post
    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.
    The law is still very much there, just not being enforced.

    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.

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    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.

  14. #14
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    W....w...w...w....w...o...w!!!!!!!

  15. #15
    Senior Member Array CCWFlaRuger's Avatar
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    Quote Originally Posted by paramedic70002 View Post
    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.

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