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Jackson County DA REFUSES to enforce state laws, says they are unconstituional

Wisconsin Carry Inc.

Wisconsin Carry, Inc.
Joined
Dec 11, 2009
Messages
155
Location
Onalaska, Wisconsin, USA
http://www.co.jackson.wi.us/html/district%20attorney/Documents/McDonald%20vs.%20City%20of%20Chicago.pdf
OFFICE OF GERALD R. FOX


JACKSON COUNTY DISTRICT ATTORNEY


NEWS RELEASE


For Immediate Release June 29, 2010

DISTRICT ATTORNEY GERALD FOX’S STATEMENT ON THE
U. S. SUPREME COURT’S DECISION IN MCDONALD v. CITY OF CHICAGO

Yesterday, in a resounding victory for all freedom-loving Americans, the United States
Supreme Court confirmed that the Second Amendment’s protection of our right to keep
and bear arms applies everywhere in America, and serves as a rampart against state
infringement of this fundamental individual liberty. In its ruling, the Court declared that
the right to keep and bear arms is a fundamental right, and that self-defense is at the core
of the freedoms protected by the amendment.

This Supreme Court ruling is binding on all states and local governments, and
immediately renders some of Wisconsin’s current laws unconstitutional. Therefore, in
keeping with my oath to uphold and defend the Constitution, 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.

All of these statutes constitute unjustifiable infringements on the fundamental right of
every law-abiding American to arm themselves for self-defense and the defense of their
loved ones, co-workers, homes and communities. This change also invalidates Jackson
County Ordinance Sections 9.01 (firearms in public buildings) and 9.29 (CCW).
Prior to this historic ruling, our state Supreme Court placed the state’s interests first, and
would only create an exception to these laws when the individual’s need for protection
outweighed the state’s interest. In the area of concealed carry, only 2 cases have
approved concealed carry, one at home, and the other one at the defendant’s personallyowned
place of business. Well, as the United States Supreme Court held yesterday, that
view was exactly backward.

As with the other fundamental rights, such as the freedom of speech, of religion, of
association, or of security in our homes, persons, and effects, government limitations on
fundamental rights are lawful only in the rare case that the state can show a compelling
governmental need that can be accomplished only by enacting a narrowly-tailored
restriction, in terms of time, place and manner. Clearly, a blanket prohibition against
carrying your loaded firearm in your personal vehicle does not pass that test.

Put it another way: Does preventing the barkeep from protecting herself when she carries
the bank bag home from the tavern make sense? Not here, not anymore. That’s not an
American value; it puts concern for the criminal’s welfare ahead of the barkeeper’s right
to self-defense. The fact is, criminals don’t pay attention to gun laws, only we good folks
do. After 15 years of criminal law practice, I can state positively that when criminals
resolve to harm someone, no law will stop them. These so-called “public safety” laws
only put decent law-abiding citizens at a dangerous disadvantage when it comes to their
personal safety, and I for one am glad that this decades-long era of defective thinking on
gun issues is over.

I will watch for the legislature to make needed corrections in these areas. In the
meantime, while I am happy to declare that we will follow the Supreme Court’s ruling, I
want to emphasize that with fundamental rights come grave responsibilities, and I will
continue to vigorously enforce the laws against unlawfully using firearms, such as the
prohibition against felons being armed; going armed while intoxicated; using a firearm to
commit a crime; and endangering safety by negligent handling of a weapon, to name just
a few. Only by the strictest adherence to firearm safety rules and common sense will we
show that the elitists who seek to disarm all of us are wrong, and that every law abiding
citizen can be trusted to protect themselves and their neighbors safely.

A copy of the Supreme Court’s decision can be found at
http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf


A copy of the amicus brief joined by J.B. Van Hollen, the Attorney General of
Wisconsin, can be viewed at: http://www.abanet.org/publiced/preview/briefs/pdfs/09-
10/08-1521_PetitionerAmCuStateofTexas.pdf


Let Freedom Ring.

Gerald R. Fox
 

Jason in WI

Regular Member
Joined
Mar 5, 2010
Messages
542
Location
Under your bed
What? It's not April 1st is it?
I see it but I don't believe it.


:monkey:monkey:banana::banana:


GERALD R. FOX For Governor!!

Edited to add: "and I will continue to vigorously enforce the laws against unlawfully using firearm such as....."using a firearm to
commit a crime"


Wow, just wow.
 
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AdamXD

Regular Member
Joined
May 4, 2010
Messages
71
Location
Milwaukee, WI
This is excellent news! It's nice to see an elected official standing up for our Rights.

But what does this mean about the said unconstitutional laws? Will they be stricken from the books? Will we be able to carry as we see fit?
 

bnhcomputing

Founder's Club Member
Joined
Dec 13, 2007
Messages
1,709
Location
Wisconsin, USA
WOW! If this is legitimate, I hope this is but the first raindrop in the thunderstorm!

This IS actually on the Jackson County WEB-Site.

What would be his response if 15 or 20 people all OC'ing walked in the court room?

Notice he DIDN'T mention the School Zone law.

What I don't know is IF the DA can actually (legally) do "what he claims"
 

J.Gleason

Banned
Joined
May 1, 2009
Messages
3,481
Location
Chilton, Wisconsin, USA
Actually I believe it is at his discretion as to which cases he prosecutes.

All I can say is this, I hope all of you who do not believe Constitutional Carry is possible read this, eat your serving of crow and now join in the fight for Constitutional Carry.

By repealing these laws the DA has mentioned we will essentially have just that.

Great post BNH!
 

junkie

Regular Member
Joined
Feb 6, 2010
Messages
65
Location
Menomonie, Wisconsin, USA
Now if we could just get the state AG to say the same thing I really would be dancing. It is nice to see a politician actually have the guts to come out with this position.
 

Gordo

Regular Member
Joined
Jun 4, 2009
Messages
77
Location
Holmen, Wisconsin, USA
Outstanding. I hope this spreads like a forest fire. The time has come to stop protecting criminals and start protecting citizens. I'd like to see this guy sitting in our gov. mansion. This fight is a marathon let's keep it going!
 

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
Truly a great day! With a teaching moment, look...

OFFICE OF GERALD R. FOX
JACKSON COUNTY DISTRICT ATTORNEY
NEWS RELEASE
For Immediate Release June 29, 2010
DISTRICT ATTORNEY GERALD FOX’S STATEMENT ON THE
U. S. SUPREME COURT’S DECISION IN MCDONALD v. CITY OF CHICAGO
[ ... ]
I hereby declare that this office will no longer accept law enforcement referrals for violations of the following statutes:
See how the legal system works at the dirty end. Cops investigate, detain and recommend charges, but they do not themselves make a charge.

Will we see the other County DAs follow suit and will the Attorney General back them up? These offices must be flooded with inquiries and our strong request that they do so.

Note that § 948.605 was not mentioned as unconstitutional by this DA.
 
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Captain Nemo

Regular Member
Joined
Apr 11, 2010
Messages
1,029
Location
Somewhere, Wisconsin, USA
Well don't just sit there and bask in victory and pat each other on the back. Get on your keyboards and send Mr. Fox a big message of THANK YOU. We spend a great deal of time bad mouthing politicians. Occasionally there are times we should praise them.
 

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
Good point on praise.

Good point on praise. I was busy spreading the word but I'll find an address for JaxCoDA.

DISTRICT ATTORNEY
307 Main Street
Black River Falls, WI. 54615
715-284-0242

Voice mail until 0800








Oh, and scroo the arrant knight_interrupter errant.
 
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