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Criminal Law

: Sentencing Law and Policy

Should local Wisconsin DA be lauded or lambasted for his broad reading of Heller and McDonald?

By Douglas A. Berman

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Thanks to this post by Eugene Volokh, I see that at least one law enforcement official thinks that Heller and McDonald should be interpretted quite broadly.  Here are snippets from this press release issued last week issued by the DA of Wisconsin's Jackson County: Yesterday, ... the [Supreme] Court declared that the right to keep and bear arms is a fundamental right, and that self-defense is at the core of the freedoms protected by the amendment. 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...continue to full post

Full post as published by Sentencing Law and Policy on July 03, 2010 (boomark / email).

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