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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.
 

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By

DC Gun Rights Examiner

Mike Stollenwerk retired from the U.S. Army after over 20 years of service to attend law school at Georgetown University. Mike lives in Virginia,...

Comments

  • kevin 1 year ago
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    Wow, finally someone with guts. If I lived there, I would definetly vote for D.A. Fox. Good job.

  • Obama is a failed president 1 year ago
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    Sounds like someone who actually cares about the law.

  • paramedic70002 1 year ago
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    Fox for Governor!

  • qaz123 1 year ago
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    Finally, someone with some f...ing common sense...maybe some people are starting to wake up to what has been a liberal nightmare for the last 40-50 years...This man could have some potential for bigger things if he stays on track

  • ChrisJ 1 year ago
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    WOW! It sounds like he really understands what shall not be infringed means. That is truly awesome!

  • Luis 1 year ago
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    I note in another article elsewhere, about this, that Paul Helmke is saying Fox should be removed from office, for not following the law.

  • Joe Doakes 1 year ago
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    Notice how Mayor Daly, a criminal who won elected office, behaves. Criminals hate the right to keep and bear arms. Too much, shall we say, competition.

  • TJ Said 1 year ago
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    #1. Anyone who cares about the Constitution of the U.S. should not miss a chance to serve on a jury.

    #2. Anyone who cares about the Constitution of the U.S. and serves on a jury that has a firearms possession case should nullify the case with a not guilty vote.

  • Armed Geek 1 year ago
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    Governor hell! How about Fox/Palin in 2012!

  • Anonymous 1 year ago
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    Awesome! Finally someone with a backbone and literacy skills.

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