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Violence and the Justice System
Versus Gun Control
I am an attorney practicing law in Wisconsin, and I am writing this
letter on my own behalf. As an attorney, I strenuously object to our
Board of Governors taking a political position on handgun control under
the guise of courthouse security.
Twenty years ago, I had just left the courtroom of then Circuit Judge
Neal Nettesheim in the Waukesha County Courthouse when a prisoner being
brought in for arraignment overpowered two deputy sheriffs and shot them
dead right in the courtroom. The prisoner used the deputies' own
handguns. I am in favor of security in our courthouses. I missed being
involved in that incident by minutes.
The State Bar Commission on Violence and the Justice System has made
certain recommendations to the Board of Governors, including:
1) Requiring handgun manufacturers to install safety features on all
new handguns sold in Wisconsin so that guns can only be used by the
purchaser.
I don't know what that means, but obviously most domestic violence
cases committed with a gun involve a gun that the perpetrator purchased.
What possible relevance does that have to courthouse security?
2) Banning the sale of cheap, easy-to-use junk guns, such as
"Saturday Night Specials."
I don't know what constitutes a "Saturday Night Special," and
obviously, neither does the Commission. I have a number of handguns, any
one of which could be characterized as a junk gun or as a "Saturday
Night Special." My handguns happen to be quality weapons; but physically
and utility-wise they are identical to a "Saturday Night Special" or
junk gun. They all shoot bullets. A $500 handgun can do the same damage
as a $25 handgun, and both are readily available.
3) Support the current law prohibiting concealed weapons.
I happen to think there is a great deal of evidence establishing that
in those states where concealed weapons are allowed crimes against women
have radically decreased, and armed robberies have lessened. The thought
that the victim might carry a gun has caused the criminal to reconsider
certain types of crimes.
My point is that proper security measures at our courthouses similar
to what has been done in our airports will make the political issue of
gun control unnecessary. The airports have eliminated any problem with
handguns. I object to my Board of Governors taking a political position
on gun control that is opposed to my personal beliefs. The next obvious
step for the State Bar to take would be to decide to donate $10,000 to
the Democratic Party because President Clinton supports gun control.
Please stay out of politics. The State Bar of Wisconsin is supposedly
a nonpolitical body. If we are going to enter the field of politics,
then I want the right to no longer have to be a member of the mandatory
Bar. My dues should not be used to sponsor a position I oppose. The
handgun position taken by the Commission on Violence and the Justice
System has no relevance to the basic issue of courthouse security, which
is a nonpolitical issue.
There are many attorneys who are gun collectors, hunters or who just
engage in the shooting sports, and, obviously, none of them are on this
Commission.
The Board of Governors should support courthouse security, but strike
those recommendations listed above supporting handgun control.
Dale W. Arenz
Delafield
I agree that the State Bar should not take positions that are
political and unrelated to the purposes of the association as defined in
both SCR 10.01 and 10.02. But there are several issues that are both
political and related either to law reform and/or the efficient
administration of justice.
I believe the bar would be derelict in its SCR duties if it
ducked such issues merely because they have a political component. When
you get right down to it, whether on the subject of marital property law
or carrying a concealed weapon, there are very few issues that do not
have some politics attached to them.
The Commission on Violence and the Justice System made a finding
that much of the carnage on the streets and its aftermath in both the
criminal and civil courts were due to injuries and deaths by firearms,
primarily handguns. Rather than taking a "political" stance concerning
the right to bear arms, the Commission took a safety approach,
suggesting the banning of cheap and very dangerous handguns from
importation into this state together with taking advantage of modern
technology to assure that a handgun is fired only by its owner. The
Commission's research demonstrated that many handguns are stolen and
then used to commit crimes. The State Medical Society recently suggested
the use of fingerprint technology to control the mechanical unlocking of
handguns.
Violence has an enormous detrimental effect upon our system of
justice including our courts and prisons. It directly affects the
ability of our courts to deliver justice to the people and also affects
the ability of our citizens to feel safe in the conduct of their
business at their courthouses and other places where the governmental
business of the public is transacted.
In summary, I feel that the Commission and the Board of Governors
took a nonpolitical approach in recommending improvements in the safety
of handguns sold in this state. If some people wish to label that
position as "political" I would disagree and state that even if it is
partly political, it nevertheless directly affects the efficient
administration of justice and is a proper subject for law
reform.
David A. Saichek
Past president
Wisconsin Lawyer