Jackson County DA refuses to inforce gun bans in Wisconsin

wally626 · July 7, 2010, 05:26 PM

Quote:

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.

Statement from Jackson County Wisconsin DA
http://www.co.jackson.wi.us/html/dis...%20Chicago.pdf

When I first saw this I thought it was the AG, so being just a county DA the scope will be much more limited than I originally thought.

So any Jackson County residents going to give concealed carry a try?

Is this even something a DA can do without being charged with malfeasance.

TLeo · July 7, 2010, 06:47 PM

The District Attorney has final say over what cases and charges are prosecuted or not prosecuted in his county so other than the citizens there voting him out of office there's not a thing anyone can do to force his office to prosecute.
I applaud his statement on this issue!

KyJim · July 7, 2010, 08:33 PM

Kudos for him, but that doesn't mean those statutes really are unconstitutional. For example, he mentions, "prohibiting the possession of firearms in public buildings; Section 941.237." The Supreme Court in both Heller and McDonald pretty much stated restrictions on carry in "sensitive" places like government buildings would still be valid.

SamW · July 8, 2010, 02:14 AM

My question is what is the statute of limitations on such crimes? My second question is when is the District Attorney up for re-election? My third question is the District Attorney going to risk his career and potentially be charged with official misconduct (or similiar) for doing this?

EugeneInNC · July 8, 2010, 08:38 AM

He has already put his career at risk. If the majority of the voters don't like this he will not be reelected. I doubt anyone will file charges against him. He is also risking his career in that if someone does something stupid with a gun he will be crucified in the press. This guy seems like the rare politician that is trying to do the right thing. It would be sad if either of the above happens.

tet4 · July 8, 2010, 08:55 AM

I think it's probably not as risky as it sounds. First, if someone misbehaves with a gun, the possession charges really aren't going to matter. There are plenty of other laws that can probably be used, so I don't see anyone getting off free for doing something criminal. Second, he probably knows his district well enough to know that this is a good mood. There really can't be any better year than this year for any politician to snub their nose at the establishment. Frankly, I hope a few others will take a stand as well.

kraigwy · July 9, 2010, 11:06 AM

Draft the dude and make him the US Attorney General.

July 8, 2010, 08:38 AM	#5
EugeneInNC Junior Member Join Date: February 16, 2010 Posts: 10	He has already put his career at risk. If the majority of the voters don't like this he will not be reelected. I doubt anyone will file charges against him. He is also risking his career in that if someone does something stupid with a gun he will be crucified in the press. This guy seems like the rare politician that is trying to do the right thing. It would be sad if either of the above happens. __________________ Eugene The degree to which people will continue to do the same things and expect different results never ceases to amaze me.

July 9, 2010, 11:06 AM	#7
kraigwy Senior Member Join Date: June 16, 2008 Location: Wyoming Posts: 11,061	Draft the dude and make him the US Attorney General. __________________ Kraig Stuart CPT USAR Ret USAMU Sniper School Distinguished Rifle Badge 1071

July 7, 2010, 06:47 PM	#2
TLeo Senior Member Join Date: February 18, 2009 Location: NC Posts: 254	The District Attorney has final say over what cases and charges are prosecuted or not prosecuted in his county so other than the citizens there voting him out of office there's not a thing anyone can do to force his office to prosecute. I applaud his statement on this issue!

July 7, 2010, 08:33 PM	#3
KyJim Senior Member Join Date: July 26, 2005 Location: The Bluegrass Posts: 9,142	Kudos for him, but that doesn't mean those statutes really are unconstitutional. For example, he mentions, "prohibiting the possession of firearms in public buildings; Section 941.237." The Supreme Court in both Heller and McDonald pretty much stated restrictions on carry in "sensitive" places like government buildings would still be valid.

July 8, 2010, 02:14 AM	#4
SamW Member Join Date: July 8, 2010 Posts: 18	My question is what is the statute of limitations on such crimes? My second question is when is the District Attorney up for re-election? My third question is the District Attorney going to risk his career and potentially be charged with official misconduct (or similiar) for doing this?

July 8, 2010, 08:55 AM	#6
tet4 Senior Member Join Date: November 13, 2009 Posts: 232	I think it's probably not as risky as it sounds. First, if someone misbehaves with a gun, the possession charges really aren't going to matter. There are plenty of other laws that can probably be used, so I don't see anyone getting off free for doing something criminal. Second, he probably knows his district well enough to know that this is a good mood. There really can't be any better year than this year for any politician to snub their nose at the establishment. Frankly, I hope a few others will take a stand as well.