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examiner.com - District Attorney declares most state gun laws unconstitutional

paul@paul-fisher.com

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Joined
May 24, 2009
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4,049
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Chandler, AZ
Heh. Anybody else sick of hearing "wild west" anything when it comes to OC/CCW? That alone made a good amount of his credibility die in my eyes.

It is ridiculous. Every Western I've ever seen it was people OC'ing who have had duels. We haven't had issues up 'till now. I'm not sure why making CC legal would add to 'Wild West'.
 

Optimus Prime

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Dec 5, 2009
Messages
79
Location
Stevens Point, Wisconsin, USA
I've blogged a little about my dislike of the term before here: http://gunscoffee.blogspot.com/2010/04/wild-west-and-womens-fashion.html

---Anybody who watched the History Channel back when it was about History probably knows that the whole violent aspect of the "Wild" West mythos is widely overblown. Eugene Hollen's book Frontier Violence: Another Look tells us that-

In Abilene, Ellsworth, Wichita, Dodge City, and Caldwell, for the years from 1870 to 1885, there were only 45 total homicides. This equates to a rate of approximately 1 murder per 100,000 residents per year.

In Abilene, supposedly one of the wildest of the cow towns, not a single person was killed in 1869 or 1870.

Hardly that violent really. Most major cities in the US have far worse murder rates than that, just look at Chicago (a comparatively whopping 15.6 per 100,000), where guns are completely banned! The anti's will continue to equate any widely accepted carry of weapons, open or concealed, to accomplishing nothing but reverting the country (or state, or town, or whatever) back to the "Wild West." Really doesn't sound like a bad thing to me.---

Yet the Anti's insist on using the term.
 

davegran

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May 1, 2009
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1,563
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Cassville Area -Twelve Miles From Anything, Wiscon
I sent the following email to DA Fox:

Dear District Attorney Fox,
I read your news release first with shock, then with disbelief, and then with tears of joy! Finally a law enforcement official who has come out against the dirty little lie that gun laws protect innocent people. You sir, have my greatest thanks for cutting a wide swath through the legal jungle that is Wisconsin gun laws and bringing some real "Common Sense" to our state.

I'm sure that you will face a barrage of negative comments from all over the country, but don't lose sight of the fact that The Second Amendment is there for a reason very dear to all citizens of the United States; to protect our God-given right to defend ourselves against a criminal element that knows no limits on their ability to harm and terrorize an unarmed victim.

I don't live in Jackson County but I am a resident of Wisconsin who has lately been practicing Open Carry. If your name ever comes up in a state-wide or national election you can be sure that my thanks to you comes with a vote attached.


I received a reply from him but since this limitation was sent with it, I don't feel comfortable sharing without his permission.

This email message may contain information that is attorney work product, law enforcement confidential, personal in nature, or otherwise legally privileged, and should not be released for any purpose without written permission in advance. Any unauthorized release, disclosure or other use may result in administrative or criminal sanctions.


Dave
 

paul@paul-fisher.com

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May 24, 2009
Messages
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Chandler, AZ
I sent the following email to DA Fox:



I received a reply from him but since this limitation was sent with it, I don't feel comfortable sharing without his permission.

This email message may contain information that is attorney work product, law enforcement confidential, personal in nature, or otherwise legally privileged, and should not be released for any purpose without written permission in advance. Any unauthorized release, disclosure or other use may result in administrative or criminal sanctions.


Dave

I ignored it. Oh well. :(
 
M

McX

Guest
tests complete, and 100 percent functional, very, very reassuring to be able to drive home, and have legal, rapidly accessible protection with me. off up north for the weekend. a happy 4th to all!
 

1FASTC4

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Joined
Dec 8, 2007
Messages
505
Location
Tomahawk
I will not risk my life or the safety of my family over laws which go directly against our constitutional rights. An encased and unloaded firearm is merely a paperweight. I've never been carjacked by I'm fairly certain that the badguys wouldn't be willing to wait for one to uncase and load a gun prior to commencing an attack.

I'll have my gun holstered with a full mag and one in the pipe. Judged by 12, not carried by 6. I'll be in your beautiful state for my annual two week escape in just a few days!
 

denwego

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Joined
Jun 30, 2006
Messages
276
Location
Houston, Texas, USA
New Article

Milwaukee Sentinel article with slight update: http://www.jsonline.com/news/wisconsin/97680129.html

Note this quote: "Gilberg said his department will continue to issue citations under city ordinances and seize weapons from people who may think that they can now carry concealed weapons in Black River Falls with impunity."

So, a group of cops is going to start seizing property from people under no authority of law and with no judicial backing... hmm. I suppose it's best that I'm not in that county, after all, because I wouldn't be too forgiving to an armed gang just stealing property because they think they can. Called armed robbery, last I checked... here in Texas, someone might lose an eye trying!
 
M

McX

Guest
dave, my kid has one of those 'internet cameras'- electronic camera, what ever it's called. i'll try to get some pics on here, so you can copy my idea. it's not patented or anything, but you can send your best gun to me for payment if you desire.
 

davegran

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May 1, 2009
Messages
1,563
Location
Cassville Area -Twelve Miles From Anything, Wiscon
Such a Deal!

dave, my kid has one of those 'internet cameras'- electronic camera, what ever it's called. i'll try to get some pics on here, so you can copy my idea. it's not patented or anything, but you can send your best gun to me for payment if you desire.

Such a Deal! Sorry, I'm waiting for CCW in Wisconsin to purchase my "Best Gun"; right now I only have "adequate guns".

But I'll be glad to accept your second best gun as thanks for suggesting you publish your idea for all to see....
wj9v0g.jpg

Dave
 

Spartacus

Banned
Joined
Dec 13, 2009
Messages
1,185
Location
La Crosse, Wisconsin, USA
Welcome!

I will not risk my life or the safety of my family over laws which go directly against our constitutional rights. An encased and unloaded firearm is merely a paperweight. I've never been carjacked by I'm fairly certain that the badguys wouldn't be willing to wait for one to uncase and load a gun prior to commencing an attack.

I'll have my gun holstered with a full mag and one in the pipe. Judged by 12, not carried by 6. I'll be in your beautiful state for my annual two week escape in just a few days!

I just enjoyed a month in AZ freely carrying everywhere, open and concealed and it was a wonderful experience which I can only hope to duplicate in my home state some day.
 
Last edited:

Cobra469

Regular Member
Joined
Jan 28, 2010
Messages
218
Location
West Allis, WI, , USA
OK so I have a question to fully understand what I may or may not face if I were to carry in a form that the DA said they will not prosecute. I understand that LE can and will still arrest me and seize my firearm. But what kind of ticket can they issue me? Can I contest this ticket based on the DA's decision? Also if they seize my firearm and the DA refuses to press charges are they forced to return my firearm to me or face civil action? Outside of being harassed by the LEOs what specifically might I be faced with?

Long before I would consider making the choice to ignore the laws on the books regardless of if they are prosecutable I need to understand what I might face in the long run. Too many people think that just because the DA says they won't prosecute that nothing outside of harassment will fall upon them. I want to be sure of the possibilities of what I might face at the time. Besides nothing like being out of town and get your only firearm confiscated. Maybe have to bring along a few backups.
 

paul@paul-fisher.com

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Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
OK so I have a question to fully understand what I may or may not face if I were to carry in a form that the DA said they will not prosecute. I understand that LE can and will still arrest me and seize my firearm. But what kind of ticket can they issue me? Can I contest this ticket based on the DA's decision? Also if they seize my firearm and the DA refuses to press charges are they forced to return my firearm to me or face civil action? Outside of being harassed by the LEOs what specifically might I be faced with?

Long before I would consider making the choice to ignore the laws on the books regardless of if they are prosecutable I need to understand what I might face in the long run. Too many people think that just because the DA says they won't prosecute that nothing outside of harassment will fall upon them. I want to be sure of the possibilities of what I might face at the time. Besides nothing like being out of town and get your only firearm confiscated. Maybe have to bring along a few backups.

These are educated guesses:

Whichever locality could charge you with a violation of their localities laws. If they have their own prosecutors, they can prosecute you and you will have any forfeiture that is provided in the locality law.

If the 'arresting agency' uses the Jackson county DA as their prosecutor, the referral would be rejected. However, it could be rather inconvenient. If the arresting agency wanted to be difficult, you could be in jail for several days before the DA springs you.

So.... I guess you'd probably want to do your 'crimes' in an unincorporated area of Jackson county.

In addition, I do not believe you would have any standing suing the arresting agency because assuming they don't violate your 4th amendment rights because they are following the law. It is up to the DA to prosecute or not. All the LEO need is PC to charge you.

IANAL.
 
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