District Attorney declares most state gun laws unconstitutional
July 2, 11:24 AM · Mike Stollenwerk - DC Gun Rights Examiner
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.
