Skip to comments.DA fights to carry gun in Winnebago County courthouse(WI)
Posted on 06/18/2012 5:54:43 AM PDT by marktwain
As an elected district attorney, Christian Gossett is one of the few people Wisconsin's concealed carry law specifically allows to wear a weapon in a courthouse.
But the judges in Winnebago County, where Gossett works, have said even he can't take a gun to work without written permission of whatever judge or court commissioner is presiding where Gossett might appear.
So Gossett and his chief deputy Scott Ceman - both concealed carry permit holders - have asked the state Supreme Court to declare that the circuit judges have exceeded their authority and for a writ of prohibition to block them from enforcing their ban.
According to a petition expected to be filed Monday, the Winnebago judges issued orders in January based on their "inherent authority . . . to control their courtrooms" that prohibit anyone except on-duty, sworn law enforcement officers from carrying a gun in the courthouse without prior written permission. Violation could result in fines, jail and confiscation of the weapon, according to the orders.
"The Winnebago Judges cite no specific precedent for the purported exercises of inherent authority in the Orders. There is none," the petition states.
Gossett, a Republican elected in 2006, contends the judges can't issue such an order when it contradicts Act 35, the concealed carry law passed last year that specifically allows district attorneys and their assistant prosecutors to carry guns in courthouses if they have concealed weapon permits.
The petition also notes that courts can only invalidate laws for constitutional violations, and that none has been raised regarding Act 35.
(Excerpt) Read more at jsonline.com ...
Its said that in the halls of justice, the only justice is in the halls.