Early results of SCOTUS McDonald ruling

[Worriedman]

Hopefully, the first pebble in the landslide?

JACKSON COUNTY, WS DISTRICT ATTORNEY

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

[MCSCOTT]

Holy moley! Someone in power that seems to have common sense and the ability to read and interpret the Constitution.

[Guest uofmeet]

awesome.

[Guest CrazyLincoln]

WOW. I never expected a DA to help uphold the 2A, but I hope many more follow suit.

[Guest 6.8 AR]

Notice he mentioned their law about where alcohol is served. Very good to see these kinds of articles.

[Mike.357]

that is awesome.

I hope it rubs off on other AG's

[MacGyver]

Spectacular!

[Oh Shoot]

Very small pebble though.

Small county DA.

Let's see if the state sits on him.

Probably will in a state that has no CC permit issuance and open carry is iffy depending on jurisdiction.

- OS

[Guest HvyMtl]

:lol:

[-boatman-]

Wow! We need more like him.

[Guest 6.8 AR]

Very small pebble though.

Small county DA.

Let's see if the state sits on him.

Probably will in a state that has no CC permit issuance and open carry is iffy depending on jurisdiction.

- OS

What's that saying, OS? Something like the Nile starts with a trickle. Maybe it was the Amazon.

[leroy]

I like it!!!

Thanks for posting this neat article!

Keep up the good work!

Kind regards,

Leroy

[bubbiesdad]

District Attorney declares most state gun laws unconstitutional

Jackson County, Wisconsin

Wisconsin Army National Guard JAG officer, and Jackson County District Attorney, Gerald R. Fox has something to say about the US Supreme Court's decision in McDonald v. Chicago released earlier this week and holding that the Second Amendment's protections apply against state regulation. In a press release Fox declared 5 Wisconsin state statute unconstitutional:

"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."

District Attorney Fox told the examiner.com that the US Supreme Court was clear - the right to bear arms is "fundamental," and therefore state governments can only restrict these rights by way of regulations which are "narrowly tailored to achieve a compelling state interest." Fox said that the Wisconsin Supreme Court decisions in the past on right to bear arms were "intellectually dishonest just like the McDonald minority opinion" because these rulings placed the burden on the citizen to assert a compelling individual need to bear arms to counter the state's interest in enacting general prohibitions on carrying arms.

Though declaring 5 Wisconsin statutes unconstitutional, Fox cautioned Wisconsin gun owners to be careful until the Wisconsin legislature repeals these statutes - however, he added with emphasis, "in Jackson County, they don't risk prosecution" for violating these 5 statutes.

[timcalhoun]

It's refreshing when people actually get it.

[Guest 1817ak47]

some good progress from my home state, I am surprised

[Fallguy]

Wonder if he would get him as our AG in a few months....

[Smith]

Wow. Probably the way it's supposed to be interpreted by everyone, but I doubt that will be the case overall. Good job AG.

[eapking]

Good for this guy. Refreshing to hear from someone who "gets it".

As for the People's Republic of Wisconsin in general, their AG is actually one of the good guys. We should be so lucky to have him. It's the WI govenor who's the problem.

Wisconsin's always been a liberal place. Madison is the Berkley of the Midwest. Milwaukee has had socialist mayors in their history. They tend to take a lot of input from Illinois as well (many of them go up to WI to vacation).

[DaveTN]

It’s the right thing to do.

However, I hope when he made his announcement he advised the citizens of the County that both the local Police Chief and the Sherriff are going to continue to make arrests until this is addressed by the Courts or the Legislature.

Putting your own career at risk is one thing. Putting your constituents at risk of criminal arrest on a weapons charge is another.

[Tempest455]

Wow! I'm shocked. I lived in WI for 37 years.

An old governor back in the late 70’s called the capitol of WI, Madison, WI (“70 square miles surrounded by reality!”)

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My past experience has been, WI is a very socialist and un-gun friendly state. Will be interesting to see were this goes from here.

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