Weapon-rights-supporting DA will dismiss switchblade case(WI)

jacksoncountychronicle.com ^ | 21July, 2010 | Matthew Perenchio

[marktwain]

The Jackson County district attorney who said he won’t prosecute certain weapon laws will dismiss a case involving a switchblade.

Jackson County DA Gerald Fox yesterday said he will dismiss a switchblade possession charge against Travis A. Johnson, 23, Black River Falls.

Fox’s office charged Johnson three weeks after Fox publicly announced he wouldn’t prosecute a number of laws he deemed unconstitutional — such as carrying a concealed weapon and possession of a switchblade — following a Supreme Court ruling.

Fox first had the opportunity to review the case Wednesday morning after Assistant District Attorney Melissa Inlow filed the charge July 13.

The incident where Johnson was carrying a switchblade in his pocket occurred over a year ago, and he also was charged with misdemeanor bail jumping, according to the criminal complaint.

“However, because he was not engaging in any other illegal activity, I am dismissing the case,” Fox said. “... Had he engaged in creating a disturbance, or used the knife to commit a crime, he would still be prosecuted for that conduct.”

Fox claimed a handful of Wisconsin weapon laws were unconstitutional following the U.S. Supreme Court’s June 28 decision in McDonald v. City of Chicago. The court’s 5-4 vote struck down the city’s 28-year-old ban on firearms, ruling that such laws violate the Second Amendment’s right “to keep and bear arms.”

Fox said his office would no longer accept law enforcement referrals for violations including carrying a concealed weapon, possession of a firearm in a public building or bar or having an uncased or loaded firearm in a vehicle. He also said his office wouldn’t accept referrals for possession of switchblades or butterfly knives.

Inlow was unable to be reached for comment, but Fox said her decision to charge likely was oversight.

“I think that one slipped by her,” he said. “I’m the one who got elected to make policy for that office.”

Johnson was arrested June 14, 2009, after someone reported a suspicious person walking and carrying a switchblade in Brockway. Johnson admitted having the knife in his pocket and handed it to the police officer, according to the complaint. Johnson stated he had the 3.5-inch bladed knife with him because he had just oiled it.

Johnson was later cited for violating Brockway Township’s prohibition on carrying a concealed weapon, according to online court records. He pleaded no contest July 20, 2009, and was ordered to pay a $249 forfeiture.

Johnson also was charged in Jackson County Circuit Court in 2006 for carrying a concealed weapon, but that charge was dismissed, according to online court records.

Fox has stated the laws he won’t prosecute infringe upon the rights of law-abiding Americans for self-defense. However, Fox said he still will “vigorously enforce” other unlawful uses of weapons, such as the prohibition of felons being armed with a firearm, possessing a firearm while intoxicated, using a firearm to commit a crime and endangering the safety by negligent handling of a weapon.

Black River Falls Police Chief Don Gilberg and Jackson County Sheriff Duane Waldera said they will continue to enforce all laws despite Fox’s stance. Gilberg said his department will issue municipal citations for offenses Fox won’t prosecute, and Waldera said his department still will make referrals.

[marktwain]

Wow! A public official that takes his oath of office seriously!

[Tarpon]

If you can carry a gun, who cares about a knife ...

It’s nonsensical in the first place.

I always say, murder, last time I looked was against the law, regardless of the way committed. Why should that be law enough for all?

It’s the liberals that try slicing and dicing...

[Oldpuppymax]

Good Lord, will the introduction of the Constitution in Wisconsin create a statewide panic, or simple deer-in-headlights disbelief?

[archy]

If you can carry a gun, who cares about a knife ...

1: Those whose gun may have a limited amount of ammo.

2: Those who figure that a gun's report or muzzle flash at night is the universal message for *Throw grenades here.*

3: Those who feel that a mechanical device that can be rendered impotent by the breakage or wear of one of its tiniest internal parts should be backed up by something a bit simpl;er and more reliable.

4: those whose organizational or agency affiliations require them to carry an issued firearm or ammunition of dubious reliability or power, based primarily on its lowest bid price on a department/agency/military contract, and needs to be backed up by something a bit simpl;er and more reliable.

5. Those whose religious or cultural heritage as warriors requires the carry of a steel fighting blade as a mandatory item of personal accessory, such as Sikhs, Vikings and Gurkhas.

6. Combat veterans who've seen a friend go down helpless with an empty weapon in their hand.

7. Those engaged in personal protective activities in crowds, around aircraft or in fuel/explosives sensitive areas for whom a gunshot could incite a panic or expensive/explosive result.

8. Folks who also wear a belt AND suspenders, including those who are armed professionals or thoughtful amateurs.

[Tarpon]

Rhetorical question.

I always have a knife on me, it’s like a tool ... and ten rounds of ammo ... But, if I need more, If have 32 nearby ...

[Jack Hammer]

An enlightened decision, for a change.

[ArrogantBustard]

I (almost) always carry a small linerlock knife. Its weight is negligible, I hardly notice when it’s where it belongs.

I sure do notice its absence, though ...

[ctdonath2]

You can’t slice a bagel with a gun.

[50cal Smokepole]

Wisc. PING
And Bump.
Oops, the Activity tab is still broke.

[Tarpon]

right, that’s why I carry a knife, everywhere.

[tet68]

Gun.....check.
Knife...check.
way to make fire....check

good to go.

[Squantos]

Agree as if ya didn’t know I would....:o)

I carried a Randall 14 as my demo knife an a Bob Terzoula ACTF folder during my EOD days as well as two 1911A1’s.....

That was in addition to my rifle.

These days I carry an elishewitz phantom folder an a Custom Glock that has a 50GI slide assembly ....

Knife an Pistol these days are a common as it was in service. Good’nuf ain’t always true... defense in depth is key....have options.

[FreedomPoster]

I feel naked without my Spyderco Delica. I hate that aspect of air travel, among others.

[ArrogantBustard]

I have a nice little Benchmade that used to be (pre 9-11) Airline Legal ...

No more.

A pox on the mohammedans.

USA is ruled by pansies.

[Lurker]

I had three separate interviews for a position with Jackson County. I sure wish I’d gotten that gig. It’s a beautiful area.