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Thread: Calling all Wisconsin OCDO members

  1. #1
    Founder's Club Member bnhcomputing's Avatar
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    Calling all Wisconsin OCDO members

    There are two(2) opinion articles in the local Jackson County paper regarding how the County plans to use the corporate council to prosecute Wisconsin erroneous firearms laws. http://www.jacksoncountychronicle.com/opinion/

    There are even questions as to whether or not the County Board and Corporate Council have the constitutional authority to do this.

    This is the same county where DA Fox said he wouldn't prosecute these eroneous laws because they are unconstitutional in his view. You can see the DA's statement here: http://www.co.jackson.wi.us/html/dis...%20Chicago.pdf

    We need stand together when our rights are being attacked.

    Monday Aug 16 -- 5:30PM -- Jackson County Court House -- 307 Main Street, Black River Falls, -- 2nd floor -- county board room.

    The DA has stated he will not prosecute carry in public buildings, but that doesn't mean you won't be arrested. An empty holster would be legal and sufficient to make the point. For those who choose to carry, you do so at your own risk.

    Will you join me and stand with DA Fox?

    Disclaimer: The actions taken/requested in this post do NOT reflect a policy or opinion of Wisconsin Carry, Inc. only the author and the author is NOT requesting/condoning violating any state or federal law.

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    http://www.jacksoncountychronicle.co...ews/02guns.txt

    Skolos said the decision as to whether or not his office would take over prosecuting concealed carry cases would be one that needs to be made in conjunction with the county board.
    Both County Clerk Kyle Deno and county board Chair Dennis Eberhardt said the county is waiting for the information Skolos is planning to provide before moving forward with any discussion at the board level. Deno said she hopes an update will be provided at the next executive and finance committee meeting.
    www.wisconsincarry.org Wisconsin Carry, Inc. is not affiliated with opencarry.org or these web forums. Questions about discussion forum policy or forum moderation should be directed to the owners of opencarry.org not Wisconsin Carry, Inc.

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    Regular Member BROKENSPROKET's Avatar
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    I'll be there. I will carry. I'll stop at Moe's to pick up a Hi-Point, as I am not giving up my XD45.

    I do have a question though. Does an attorney for the corporate counsel have the power to prosecute? I don't think so.
    Last edited by BROKENSPROKET; 08-12-2010 at 03:36 PM.

  4. #4
    McX
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    sproket, how dare you sacrifice a beloved hi point! i do agree with you, give em hell guys, they have it coming!

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    Quote Originally Posted by BROKENSPROKET View Post
    Does an attorney for the corporate counsel have the power to prosecute? I don't think so.
    Who else, who would you have represent the municipality in its jurisdiction/court? The DA represents the state prosecuting its statutes.

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    i'll try

    btw new member, from appleton, hi

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    978.05 Duties of the district attorney. The district attorney
    shall:
    (1) CRIMINAL ACTIONS. Except as otherwise provided by law,
    prosecute all criminal actions before any court within his or her
    prosecutorial unit and have sole responsibility for prosecution of
    all criminal actions arising from violations of chs. 5 to 12, subch.
    III of ch. 13, or subch. III of ch. 19 and from violations of other
    laws arising from or in relation to the official functions of the subject
    of the investigation or any matter that involves elections, ethics,
    or lobbying regulation under chs. 5 to 12, subch. III of ch. 13,
    or subch. III of ch. 19, that are alleged to be committed by a resident
    of his or her prosecutorial unit, or if alleged to be committed
    by a nonresident of this state, that are alleged to occur in his or her
    prosecutorial unit unless another prosecutor is substituted under
    s. 5.05 (2m) (i) or this chapter or by referral of the government
    accountability board under s. 5.05 (2m) (c) 15. or 16. For purposes
    of this subsection, a person other than a natural person is a resident
    of a prosecutorial unit if the person’s principal place of operation
    is located in that prosecutorial unit.

    978.045 Special prosecutors. (1g) A court on its own
    motion may appoint a special prosecutor under sub. (1r) or a district
    attorney may request a court to appoint a special prosecutor
    under that subsection. Before a court appoints a special prosecutor
    on its own motion or at the request of a district attorney for an
    appointment that exceeds 6 hours per case, the court or district
    attorney shall request assistance from a district attorney, deputy
    district attorney or assistant district attorney from other prosecutorial
    units or an assistant attorney general. A district attorney
    requesting the appointment of a special prosecutor, or a court if the
    court is appointing a special prosecutor on its own motion, shall
    notify the department of administration, on a form provided by
    that department, of the district attorney’s or the court’s inability to
    obtain assistance from another prosecutorial unit or from an assistant
    attorney general.
    (1r) Any judge of a court of record, by an order entered in the
    record stating the cause for it, may appoint an attorney as a special
    prosecutor to perform, for the time being, or for the trial of the
    accused person, the duties of the district attorney. An attorney
    appointed under this subsection shall have all of the powers of the
    district attorney. The judge may appoint an attorney as a special
    prosecutor at the request of a district attorney to assist the district
    attorney in the prosecution of persons charged with a crime, in
    grand jury proceedings or John Doe proceedings under s. 968.26,
    in proceedings under ch. 980, or in investigations. The judge may
    appoint an attorney as a special prosecutor if any of the following
    conditions exists:
    (a) There is no district attorney for the county.
    (b) The district attorney is absent from the county.
    (c) The district attorney has acted as the attorney for a party
    accused in relation to the matter of which the accused stands
    charged and for which the accused is to be tried.
    (d) The district attorney is near of kin to the party to be tried
    on a criminal charge.
    (e) The district attorney is physically unable to attend to his or
    her duties or has a mental incapacity that impairs his or her ability
    to substantially perform his or her duties.
    (f) The district attorney is serving in the U.S. armed forces.
    (g) The district attorney stands charged with a crime and the
    governor has not acted under s. 17.11.
    (h) The district attorney determines that a conflict of interest
    exists regarding the district attorney or the district attorney staff.
    (i) A judge determines that a complaint received under s.
    968.26 (2) (am) relates to the conduct of the district attorney to
    whom the judge otherwise would refer.

    968.26(2)(am)
    (am) If a person who is not a district attorney complains to a judge that he or she has reason to believe that a crime has been committed within the judge's jurisdiction, the judge shall refer the complaint to the district attorney or, if the complaint may relate to the conduct of the district attorney, to another prosecutor under s. 978.045.

    It appears to me that the county or the county counsel do not have the statute authority to presume the duties of the District Attorney. Only a judge can assign a special prosecutor. It also appears the only course of action for a county or county lawyer is to process a complaint under 968.26(2)(am) contesting the conduct of a District Attorney and as a result have a judge assign a special prosecutor.

    I am not a lawyer but it seems to me that the Jackson County Board of Supervisors and/or the county lawyer have no legal standing on the issue.

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    wanna be criminal prosecutor

    Quote Originally Posted by Captain Nemo View Post
    978.05 Duties of the district attorney. The district attorney
    shall:
    blah blah blah blah ...


    + 1000000 on the post
    I am not a lawyer but it seems to me that the Jackson County Board of Supervisors and/or the county lawyer have no legal standing on the issue.
    IANAL either but these clowns ( all of them) need to be removed from office for not being American. What is next? some lawyer on the street decides to start prosecuting state and county crimes? then we all will be in jail for anything they "feel" is a law violation.
    Last edited by BerettaFS92Custom; 08-12-2010 at 05:30 PM.

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    Tangential to the good Captain's point, ordinance violations are not criminal violations. Only the State can make criminal charges.

    His best point is that the County, a political sub-division of the State, has no say in the prosecution of statutes.

    So, what effect does § 66.0409 have on this hierarchy and on Article XI, § 3?
    Last edited by Doug Huffman; 08-12-2010 at 05:57 PM.

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    As Doug says neither a county board or coporate council has prosecutorial authority as regards state stautes, it is enforcement of state statutes that is at issue in this situation not local ordinances. At the county level only the District Attorney Office, under purview of the Department of Justice can charge and prosecute violation of state statutes. That duty as outlined under duties of the district attorney can not be voided by some decision of a local political unit. It can only be affected by judicial action.

    At least thats how I interpret the previous quoted statutes. IANL

  11. #11
    Regular Member BROKENSPROKET's Avatar
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    Quote Originally Posted by Captain Nemo View Post
    As Doug says neither a county board or coporate council has prosecutorial authority as regards state stautes, it is enforcement of state statutes that is at issue in this situation not local ordinances. At the county level only the District Attorney Office, under purview of the Department of Justice can charge and prosecute violation of state statutes. That duty as outlined under duties of the district attorney can not be voided by some decision of a local political unit. It can only be affected by judicial action.

    At least thats how I interpret the previous quoted statutes. IANL
    That is what I thought.

    Unless the County Board creates county ordinances that mirror state statutes, there is nothing to worry about. But the city already has an ordinance about public buildings, which I have not seen or read.

  12. #12
    bhancock
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    Chief Gilberg has already promised to write citations for violations of municipal ordinances. I have not acquired a copy of them yet, so I am not sure what they have on the books and what may have been adjusted recently in response to Fox. I do know that they will be conspiring to get their way, having spent some time in BRF and having just a couple brushes with the law there growing up I can tell you that the LEO's there have in the past been a close knit group very willing to cover each others arse's. My brother still lives in BRF and tells me that not much has changed in that realm of thinking. But obviously Gerald Fox was elected as DA so we know there have to be a few freedom fighters in town.

  13. #13
    Founder's Club Member bnhcomputing's Avatar
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    We will meet across the street from Moe's Hardware at 5:00PM. Wear your WCI shirt if you have one. I have SOME if you need one (might have your size).

    I will bring a few extra empty holsters, if you need one.

    After the meeting, we WILL go to diner at a local establishment. I will be carrying when we eat diner.

    Now a personal note:

    I carried at the Jackson County Fair. There wasn't any panic or anything at all. The county board wants to take action so I would have been thrown to the ground, arrested at gun point, jailed, had my gun taken, and all this in front of my children.

    The County Board needs to explain why they want to jail otherwise law-abiding citizens simply because we carry!

    Added:

    I just received notification from the Jackson County Republican Party. They are notifying all their members and encouraging them to attend.
    Last edited by bnhcomputing; 08-13-2010 at 08:03 AM. Reason: Add additional information

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    It sounds like a party!

    This is how its done... one person and one venue at a time.

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    Founder's Club Member bnhcomputing's Avatar
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    OK Ladies and gentlemen. In addition to support from the local Republicans, there are/were people who printed and handed out hand bills at the Melrose Corn Broil this weekend.

    I really hope we can make a strong showing to send a clear message

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    Work calls... Did anyone contact Fox to let him know he might be working late "tonight"?

  17. #17
    Regular Member BROKENSPROKET's Avatar
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    Bump.

    When goforlow wakes up this afternoon, I am going to call him and have him call Mr. Gibbs, as I may be in need of a lawyer.

    I think if Fox does not win reelection, I think he will be hunting for consitiutional challange cases. Another 2A rights attorney. AWESOME.
    Last edited by BROKENSPROKET; 08-16-2010 at 10:35 AM.

  18. #18
    Founder's Club Member bnhcomputing's Avatar
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    Fox’s decision comes amid an agreement that the corporation counsel and DA’s offices came to in July 2009, which outlines prosecutorial duties for each office. In terms of ordinances related to firearms, the county has two — one that prohibits possession of firearms in public places and a second that restricts carrying a concealed weapon.

    That agreement outlined that the DA’s office would prosecute the ordinance related to carrying a concealed weapon; the district attorney only can enforce ordinances that are in strict accordance with state statues. The corporation counsel’s office, on the other hand, would prosecute possession of firearms in public places.
    What constitutes a public place? Doesn't the paper and the corporation counsel realize that he too (corporation counsel) is bound by the same state law and therfore, "only can enforce ordinances that are in strict accordance with state statues"

  19. #19
    bhancock
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    They know we are watching now!

    http://www.weau.com/home/headlines/100834449.html

    Standing room only and a packed hallway at the courthouse. Interesting turn that the news report took to focus on concealed carry. It appears that County attorney Skolos made that the main issue to the news reporter. That was part of the issue reported by locals, but the discussion sounds like it was a bit broader at the Executive committee meeting last week. A few more than a half dozen freedom fighters showed up to that meeting and the issue was tabled because of them being there, otherwise it would have been on the full board agenda tonight.

    Keep the pressure on and Carry On!

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    We have just witnessed the power of the internet. Much to the chagrin of most political bodies the internet along with the freedom of information act has made all levels of government more transparent. Before the internet most city council meetings, town board meetings and county board meetings were attended by but a few people. As a result many laws were passed in "the dark of night" so to speak. That is, a handful of people plus the board made the decisions for all the people in it's jurisdiction. Laws were on the "book" before many of us even knew about them. Things have change. Through the power of the internet political shenanigans can be uncovered and rallies and protests formed in short order. Good job Hubert. We must take heed of this success and keep pounding the keyboard and making our voices heard. Maybe "We the people---- " will mean something again.

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    I was thinking about my post which discussed the influence of the internet on the political arena. When you think about it in conjunction with the Jackson county meeting it is striking. In a matter of seconds bnhcomputing was able to get the information concerning the Jackson County Board meeting out to every member of ODCO, free of charge. Compare that to pre-internet. He would have to know the snail mail name and address of every person he wanted to contact. Let's suppose he only had 1000 addresses. He then would have to buy stationary; 2 reams of paper, 1000 envelopes, $44 worth of postage. Then address 1000 envelopes. Then duplicate the notice 1000 times. Then fold the 1000 notices and hand stuff the envelopes. Then get all the information to the post office. Do all of that in plenty of time for the Post office to get it delivered to the recipients and in enough time that the recipients would have time to schedule their attendance. No wonder in years past the special interest groups ran the government, they were the only ones with the resources to do all that stuff. And no wonder they and most politicians secretly hate the internet. We have to make sure we continue to take advantage of that powerful communication device.

  22. #22
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    Through the power of the internet political shenanigans can be uncovered and rallies and protests formed in short order.
    I agree.

    WCI sent notification out to over 2000 people last week via our member list, website opt-in email contact list, and facebook page.

    There is tremendous power to restore accountability in government. its been nice to see over the past year with tea-parties and all the other activism.

    Good time to remind people who use twitter to "follow" WCI on Twitter:

    www.twitter.com/wisconsincarry

    This allows us to send instant text messages to all those who follow WCI on twitter right on their cell phone.

    its worked very well, for example:

    When a radio talk show host starts to discuss "carry related" issues, we have been able to send out a text message to all those who follow WCI on twitter within seconds and alert them to the upcoming discussion so they can quickly tune in (in the car or on the internet) call in and make sure positive callers are heard. its worked very well for lightning fast action.
    www.wisconsincarry.org Wisconsin Carry, Inc. is not affiliated with opencarry.org or these web forums. Questions about discussion forum policy or forum moderation should be directed to the owners of opencarry.org not Wisconsin Carry, Inc.

  23. #23
    McX
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    well i'll be damned, i guess they are starting to get the; shall not be infringed part!

  24. #24
    Regular Member BROKENSPROKET's Avatar
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    Cool

    On my way to that meeting I got pulled over at 44*27'28"N & 91*06'06"W by a Jackson County Deputy. I know damn well I was speeding, but all he mentioned was my front plate was missing and I had a set of keys still in the trunk. After he ran my DL, he came back and said he was not going to write a citation.

    After business was concluded, he stated that he was big into the conceal carry movement and asked if he could write down the web address on my Wisconsin Carry t-shirt. How cool is that? My handgun was encased on my dashboard when he pulled me over.

  25. #25
    bhancock
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    I think some of these guys understand that someday they may need a little back up, and they know that we would be willing to help them or anyone else in a life threatening situation. They also understand that the more we carry the easier their job will be.

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