DontTreadOnMeVa
Regular Member
http://www.jacksoncountychronicle.com/articles/2010/09/08/news/01agopinion.txt
by Matthew Perenchio
Wisconsin Attorney General J.B. Van Hollen is not planning to issue an opinion on gun law prosecution following a Supreme Court ruling that prompted Jackson County DA Gerald Fox to forego charging some violators.
The Office of the Attorney General said it has not had any requests seeking an AG opinion on McDonald v. City of Chicago — which struck down the city’s 28-year firearm ban — nor Fox’s subsequent view that the case invalidated several weapon laws.
Fox’s decision made local law enforcement officials choose how they’d handle violations and even prompted some people to question similar ordinances. But Bill Cosh, communications officer with the AG’s office, said no one has sought an opinion, and he added charging decisions are left to district attorneys.
“The attorney general issues formal, public opinions only when a proper request is pending from an official who is entitled to an opinion,” Cosh said. “We do not have any requests of that nature at this time.
“Ultimately, district attorneys are responsible for charging decisions in cases involving violations of Wisconsin’s criminal laws relating to firearms.”
The Supreme Court’s decision last June ruled Chicago’s firearm ban violated the Second Amendment, holding that the amendment restrains the government’s ability to significantly limit that right.
Von Hollen praised the court’s decision after the ruling.
“(The) decision is a victory for those who value liberty. The United States Supreme Court’s opinion in McDonald vindicates every individual’s fundamental right to keep and bear arms,” Van Hollen said in a statement. “Adopting the position I joined on behalf of the state of Wisconsin with 37 other states, the court rightly concluded that the right to bear arms is a right that should be protected from unconstitutional governmental interference, whether by the federal government or state governments.”
Fox said the decision means several state laws violate the Second Amendment and impede self-defense, and he will no longer prosecute carrying a concealed weapon, possessing of a firearm in a public building or bar or having an uncased or loaded firearm in a vehicle.
Fox also said he will no longer prosecute possessing switchblade or butterfly knives, but he still will enforce other unlawful uses of weapons, such as the prohibition of felons being armed with a firearm, possessing a firearm while intoxicated, using a firearm to commit a crime and endangering the safety by negligent handling of a weapon.
Fox’s decision has created some confusion and differing support.
The Black River Falls Police Department said it will enforce firearm restrictions through city ordinances, while the sheriff’s department said it still will refer all weapon violations to the DA’s office. County Corporation Counsel Mark Skolos has stated he believes county gun ordinances are still enforceable, which prompted a gun-rights rally outside the courthouse before the August county board meeting.
Assistant DA Melissa Inlow filed switchblade knife possession charges against a Black River Falls man after Fox’s statement, but that charge has since been dismissed.
Although Cosh said no opinion is coming at this time, he said the AG’s office offers district attorneys guidance in respect to the McDonald decision — which is no different than any other time.
“Outside of publicly issued opinions, this office regularly provides guidance to district attorneys on a variety of matters, and it is no different with respect to issues relating to the Second Amendment,” Cosh said.
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by Matthew Perenchio
Wisconsin Attorney General J.B. Van Hollen is not planning to issue an opinion on gun law prosecution following a Supreme Court ruling that prompted Jackson County DA Gerald Fox to forego charging some violators.
The Office of the Attorney General said it has not had any requests seeking an AG opinion on McDonald v. City of Chicago — which struck down the city’s 28-year firearm ban — nor Fox’s subsequent view that the case invalidated several weapon laws.
Fox’s decision made local law enforcement officials choose how they’d handle violations and even prompted some people to question similar ordinances. But Bill Cosh, communications officer with the AG’s office, said no one has sought an opinion, and he added charging decisions are left to district attorneys.
“The attorney general issues formal, public opinions only when a proper request is pending from an official who is entitled to an opinion,” Cosh said. “We do not have any requests of that nature at this time.
“Ultimately, district attorneys are responsible for charging decisions in cases involving violations of Wisconsin’s criminal laws relating to firearms.”
The Supreme Court’s decision last June ruled Chicago’s firearm ban violated the Second Amendment, holding that the amendment restrains the government’s ability to significantly limit that right.
Von Hollen praised the court’s decision after the ruling.
“(The) decision is a victory for those who value liberty. The United States Supreme Court’s opinion in McDonald vindicates every individual’s fundamental right to keep and bear arms,” Van Hollen said in a statement. “Adopting the position I joined on behalf of the state of Wisconsin with 37 other states, the court rightly concluded that the right to bear arms is a right that should be protected from unconstitutional governmental interference, whether by the federal government or state governments.”
Fox said the decision means several state laws violate the Second Amendment and impede self-defense, and he will no longer prosecute carrying a concealed weapon, possessing of a firearm in a public building or bar or having an uncased or loaded firearm in a vehicle.
Fox also said he will no longer prosecute possessing switchblade or butterfly knives, but he still will enforce other unlawful uses of weapons, such as the prohibition of felons being armed with a firearm, possessing a firearm while intoxicated, using a firearm to commit a crime and endangering the safety by negligent handling of a weapon.
Fox’s decision has created some confusion and differing support.
The Black River Falls Police Department said it will enforce firearm restrictions through city ordinances, while the sheriff’s department said it still will refer all weapon violations to the DA’s office. County Corporation Counsel Mark Skolos has stated he believes county gun ordinances are still enforceable, which prompted a gun-rights rally outside the courthouse before the August county board meeting.
Assistant DA Melissa Inlow filed switchblade knife possession charges against a Black River Falls man after Fox’s statement, but that charge has since been dismissed.
Although Cosh said no opinion is coming at this time, he said the AG’s office offers district attorneys guidance in respect to the McDonald decision — which is no different than any other time.
“Outside of publicly issued opinions, this office regularly provides guidance to district attorneys on a variety of matters, and it is no different with respect to issues relating to the Second Amendment,” Cosh said.
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