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 statutes 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."
A good start.Although I have to question the reach of a county district attorney in declaring state law unconstitutional. I'm guessing his interpretation may be valid in his county only. I'm also guessing that the state attorney general probably has some interesting things to say about this too. Still, you've got to admire his approach.
2 comments:
The State Atty. General said it is entirely up to Fox which cases he decides to prosecute, and which he doesn't.
A refreshingly neutral, if not quietly favorable position.
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