District Attorney says he won't enforce gun laws
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Updated: 10:00 AM Jul 5, 2010
District Attorney says he won't enforce gun laws
The Jackson County district attorney says it's now OK to carry a concealed weapon in his county. But, the sheriff and Black River Falls police chief say they'll continue to arrest people for breaking the law.
Posted: 10:28 PM Jul 2, 2010
Reporter: Mary Rinzel
Email Address: mary.rinzel@weau.com
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The Jackson County district attorney says it's now OK to carry a concealed weapon in his county. But, the sheriff and Black River Falls police chief disagree and say they'll still arrest people for breaking the law.

District Attorney Gerald Fox says he'll no longer prosecute people for five notable gun violations because of a U.S. Supreme Court ruling this week.

Fox says he won't prosecute laws prohibiting people from carrying a concealed weapon, from having an uncased or loaded gun in their car, from carrying a gun in a public building or having one in a place where alcohol may be served.

In McDonald v. City of Chicago, "The United States Supreme Court declared that the Second Amendment protects an individual's fundamental right to keep and bear firearms and that self-defense is at the core of that right," Fox says.

Fox says he took an oath to defend the Constitution and the Supreme Court rendered Wisconsin state law constitutionally unsound. He's also a member of the NRA and has a license to carry in Florida as a non-resident.

"For me, it's never made sense that we're going to disarm the law-abiding citizen. We're always looking out for the criminal," Fox says.

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.

"Ten minutes after publication of the district attorney's decision, every wannabe Wyatt Earp in this county will strap on their hog leg and strut about town not because they need to protect themselves, but simply because they now feel they can," Gilberg says. “This will have a chilling effect on the community and I believe an adverse effect on gun ownership rights in the long term as people sitting on the fence about this issue may have a different view after they have stopped by their local watering hole only to find it packed with people carrying guns.”

Gilberg says his officers will also continue to arrest people for gun violations, saying “in short, leave your guns at the city line or lose them and pay fines ranging from $250 to $500 per offense.”

In Black River Falls, most people we talked to feel the “wild west” scenario won't be the case. Though some aren't so sure about the DA’s decision.

"If you're going to do wrong and you have a gun, you're going to do wrong regardless. And if you abide by laws, most people abide by laws. Plain and simple," says Tirian Elliot.

"If you can carry a gun, but you can't smoke a cigarette in a public place, there is something wrong," says Loretta Bryan. “I have major concerns.”

As for Fox, he says he's just doing his job and letting the chips fall as they may.

"If there's a bunch of people here in Jackson County or out-of-towners that don't like it, that's OK. Dissent is part of our American freedom, too," Fox says.

In addition to the gun laws, Fox says he also won't prosecute people for carrying switchblades and butterfly knives.

The Brady Campaign to Prevent Gun Violence says Fox is inviting crime into Jackson County and if he won't enforce the state's laws, he should be removed from office.


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