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

[Doug Huffman]

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?

No. The law has not changed, that is the legislature's job. And DA Fox' jurisdiction is Jackson County only.

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?

Civil forfeiture is shaky law still in flux. It depends on how they do the forfeiture.

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.

 

[McX]

we are bearing witness to historic days! someday, hopefully soon, when things flow and are easy, we can all proudly say; we were there, protesting, socializing, picnicing, backing each other up, helping, fighting tooth and nail for gains. some won't know us, nor what we contributed, but all will have the benefits of what we do here every day, even in the smallest ways! be damn proud all of you!

 

[Cobra469]

Good news to know. I wasn't aware of how the prosecutors offices were setup. Also is the County DA an elected official? I saw a post that the Brady Campaigns response is to demand that he be taken out of office. That is their solution for anything that opposes them. Rather than fight with common sense they fight with fear of losing your job.

Even though it is not a total win, this is a great stepping stone. So many changes lately in our history I must agree that this is a great time to be involved in restoring our original past.

 

[paul@paul-fisher.com]

Good news to know. I wasn't aware of how the prosecutors offices were setup. Also is the County DA an elected official? I saw a post that the Brady Campaigns response is to demand that he be taken out of office. That is their solution for anything that opposes them. Rather than fight with common sense they fight with fear of losing your job.

Even though it is not a total win, this is a great stepping stone. So many changes lately in our history I must agree that this is a great time to be involved in restoring our original past.

It is an elected office and DA Fox is up for reelection is 2012.

 

[Doug Huffman]

Yes, DAs are elected.

So, their boss, the AG, can't fire them, their duties are specified in statute, how much freedom of action might they have?

 

[BerettaFS92Custom]

+1100

The BRF Police Chief sounds just like the Milwaukee Chief Flynn did last year.

http://www.google.com/hostednews/ap/article/ALeqM5joa6fEtvBCLqroNM8q4nJiMQ1tvQD9GN4MS81

sounds like laws need to be changed PRONTO. I have emailed Keith Ripp 47th Assy and also JB Van Hollen to get the laws stated rescinded and then to model a Castle Doctrine like OHIO has and i have also posted comment to the local paper in BRF. register and help out in the comments section of the article.

http://www.jacksoncountychronicle.com/articles/2010/07/07/news/00lead.txt

the wild wild west chicken screamers are coming out of the wood work so show them this is a given right to defend~~

write your senator and assy reps in wisconsin to get this done fast

 

[McX]

here's one to think about, swiped it off the tennessee forum, we sure as hell could use it in this state!:

You mean along the lines of this: Section 5: Tennessee Code Annotated 39-17-1351 is amended by adding the following new section (3) No law enforcement officer may forcibly detain an armed citizen merely for the possession of a holstered firearm. Any law enforcement officer within this state who so approaches and forcibly detains any citizen merely for the possession of a holstered handgun, without having reasonable articulable suspicion that the citizen had already, was in the process of or was about to commit a crime shall be guilty of a misdemeanor offense punishable by up to 11 months and 29 days in jail.

 

[J.Gleason]

I like that it simply states "Holstered Firearm." Which means carried openly or concealed.

 

[johnny amish]

we are bearing witness to historic days! someday, hopefully soon, when things flow and are easy, we can all proudly say; we were there, protesting, socializing, picnicing, backing each other up, helping, fighting tooth and nail for gains. some won't know us, nor what we contributed, but all will have the benefits of what we do here every day, even in the smallest ways! be damn proud all of you!

Well said!!!!! We all contribute to this cause, big and small, united and proud we will stand tall.