An interesting turn of events regarding concealed carry in WI

[cosine]

The Jackson County DA refuses to prosecute the carry of concealed weapons:
http://www.co.jackson.wi.us/html/district%20attorney/Documents/McDonald%20vs.%20City%20of%20Chicago.pdf

Where I first saw it:
http://zercool.blogspot.com/2010/07/america-in-wisconsin.html

Eugene Volokh thinks the DA may be overreading the Court's decision:
http://volokh.com/2010/07/02/jackson-county-wisconsin-district-attorney-takes-broad-view-of-the-second-amendment/

Finally, comments from WI's AG about the Court's decision:
http://www.wkow.com/Global/story.asp?S=12721941


I think it's an interesting turn of events here in WI. Given the Supreme Court's ruling, I wonder what might happen regarding firearms rights in WI in the next couple of years.

[Perd Hapley]

 

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....


Prior to this historic ruling, our state Supreme Court placed the state’s interests first, and would only create an exception to these laws when the individual’s need for protection outweighed the state’s interest....Well, as the United States Supreme Court held yesterday, that view was exactly backward...

 

[Monkeyleg]

That's a very interesting story. Jackson County is pretty solidly Democrat. Neither the state senator nor any of the three representatives were in office when the CCW bills were up for votes, so it's hard to know where the district leans on the issue. The DA must feel pretty confident, though.

[kgbsquirrel]

My faith in humanity has been restored by a couple points. It now currently sits at... a couple points. 

Seriously, good on the man. I'm not sure how much it will affect police that don't see it his way though. Aren't they still free to arrest/confiscate/destroy even if the DA then chooses not to prosecute?

[Desertdog]

I bet the crime rate has a dramatic drop it that DA's area.

[RocketMan]

I believe he's just being petulant as a way to protest the ruling.  Cutting off his nose to spite his face, so to speak.

I was wrong.  I made an unwarranted assumption.  Again.

[Strings]

From my understanding of legal precident, he's actually on fairly firm legal ground taking this stance...

[bedlamite]

Unfortunately, local law enforcement does not share this view.

http://www.weau.com/home/headlines/97715249.html

Jackson County Sheriff Duane Waldera says his department is still digesting the Supreme Court ruling and what it means for law enforcement. For now, his deputies will continue to arrest people who break the state gun laws.

“Right now, the state laws are just that. They're still there, our ordinances are still there and we have to enforce them. That's what we took the oath for," Waldera says.

Black River Falls Police Chief Donald Gilberg released a statement saying while he applauds the Supreme Court's decision, he does not relish a "wild west" atmosphere.

[Strings]

Didn't say he was going to be able to "get away with it", just that he had somewhat decent legal grounds to stand on...

[Desertdog]

Black River Falls Police Chief Donald Gilberg released a statement saying while he applauds the Supreme Court's decision, he does not relish a "wild west" atmosphere.

I wonder if Police Chief Donald Gilberg is afraid to visit Vermont since it has the same laws as the "Wild West".  At least he can carry his firearm in Vermont.
 
"Please be aware that Vermont does not at this time require or issue gun permits".
http://www.dps.state.vt.us/vtsp/faq1.html#VermontGun

[Monkeyleg]

The police chief should be slapped just for using that worn-out phrase "wild west." That's so 1980's. How about "Chicago atmosphere"?

If the chief is going to have his officers arrest people, who's going to charge them if the DA won't? Maybe the DA could discourage officers from making arrests by making them wait in the hall for, oh, twelve hours before meeting with them about an arrest.

[Strings]

Now I'm curious how that WOULD work out...

Officer Friday arrests Joe Sixpack for CCW (no other violations). Joe is booked, has his weapon confiscated. DA refuses to prosecute. What happens next?

[RocketMan]

Now I'm curious how that WOULD work out...

Officer Friday arrests Joe Sixpack for CCW (no other violations). Joe is booked, has his weapon confiscated. DA refuses to prosecute. What happens next?

PoPo confiscates Joe's firearm and charges him with "Breach of the peace" or somesuch.

-or-

PoPo confiscates Joe's firearm and sends him on his way.

Take your pick.  I believe either scenario is plausible.

[Strings]

But without charges (and a conviction), can they actually keep his property? Barring the idea of a civil forfiture...

[Hawkmoon]

I wonder if Police Chief Donald Gilberg is afraid to visit Vermont since it has the same laws as the "Wild West".  At least he can carry his firearm in Vermont.
 
"Please be aware that Vermont does not at this time require or issue gun permits".
http://www.dps.state.vt.us/vtsp/faq1.html#VermontGun

Being a police officer, HE can carry in any state, anyway, under the provisions of the LEOSA. He was probably among those police officers who lobbied in support of allowing LEOs to carry across state lines, but don't want the rest of us to be able to defend ourselves.

[gunsmith]

The police chief should be slapped just for using that worn-out phrase "wild west." That's so 1980's. How about "Chicago atmosphere"?

If the chief is going to have his officers arrest people, who's going to charge them if the DA won't? Maybe the DA could discourage officers from making arrests by making them wait in the hall for, oh, twelve hours before meeting with them about an arrest.

yeah I agree, I live in the ww west, currently open carry due to not having the dough to re qual my ccw.  there aint no blood in these here streets.

[AJ Dual]

That's a very interesting story. Jackson County is pretty solidly Democrat. Neither the state senator nor any of the three representatives were in office when the CCW bills were up for votes, so it's hard to know where the district leans on the issue. The DA must feel pretty confident, though.

I'm familiar with the area I've got family there, (and this story) it's often solid "DINO" territory. Democrat because of the mines & union employers, and the elderly/gentrification of the area. However, they're extremely socially conservative as you'd otherwise expect in a rural/low population density area.

I think it's an interesting turn of events here in WI. Given the Supreme Court's ruling, I wonder what might happen regarding firearms rights in WI in the next couple of years.

Assuming Neumann's dirty campaign for the GOP primary does not hurt Walker so much that Mayor Barrett of Milwaukee waltzes into the governor's mansion this fall, I think it's a fair bet we'll have shall-issue CCW pass in 2011.

Considering that it passed twice with veto proof majorities, getting a simple 51% in both houses shouldn't be too hard.

I'm sure Monkeyleg can give us a laundry list of dirty tricks anti's could still pull to derail CCW in WI, but things look to be trending our way pretty heavily right now in WI anyway.

[Monkeyleg]

I'm sure Monkeyleg can give us a laundry list of dirty tricks anti's could still pull to derail CCW in WI...

Don't know about that, but unless the Republicans get control of both chambers, there's always the possibility that a Chuck Chvala-clone could keep the bill from getting a floor vote. While many of the Democrats in the legislature are socially conservative, the leadership always seems to be ultra-liberal.

[sanglant]

ahh, the result of voting for members of a party that want's to turn the US into the USSR, because they don't support that part of there parties platform.

[Strings]

Wow... I might actually have info Dick doesn't. THAT'S a new feeling...

Was talking with Liebham at the OC March here yesterday. His exact words were "if we get a Republican governor and control of one house, I'll introduce the bill again with every expectation of it passing". Add to that the fact that Zieglebauer has stated to a few folks that he will vote for CCW "if the bill doesn't change in any major way from last time", and I'd say we might have a good shot...

[Monkeyleg]

Strings, I've been away from the political scene for a long time.

Having said that, remember that we were promised every session for three sessions in a row that we had a good chance of getting the bill passed. I think with Walker (or maybe Neumann) as governor there's a chance, but those ultra-libs won't give up easily.

Remember Rep. Spencer Black predicting that CCW permit holders would shoot at nuclear reactors and blow them up? It's pretty hard to bargain with minds like that.

[KD5NRH]

Remember Rep. Spencer Black predicting that CCW permit holders would shoot at nuclear reactors and blow them up?

Well, it is Wisconsin; famous only for bad beer and marginal cheese.  You can't really compare it to the rest of the US for the usual "it doesn't happen anywhere else, why do you think it would happen here?" argument.