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Jackson County DA Won't Enforce 5 Wisconsin Statutes as Unconstitutional

On the heals of the SCOTUS Heller and McDonald decisions, one would imagine it would take some time for firearms restrictions laws to be changed by various state legislatures. The legislative process turns slowly.

However, what was completely unexpected was Jackson County Wisconsin’s District Attorney, Gerald R. Fox, who, in a recent press release, held that the Second Amendment’s protections apply against current state regulation, specifically five Wisconsin state statutes, which he found to be 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.” Additionally, he stated that ”in Jackson County, [people] don’t risk prosecution” for violating these 5 statutes.