Florence County in Wisconsin's Northwoods declares itself Second Amendment sanctuary

Meg Jones | Milwaukee Journal Sentinel

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A county in rural northeastern Wisconsin has declared itself a Second Amendment sanctuary, a move that could spread to other counties.

The day after Veterans Day, the Florence County Board unanimously adopted an ordinance designed to send a "keep your hands off our guns" message to politicians.

The nonbinding measure gives the sheriff the ability to "exercise sound discretion to not enforce against any citizen an unconstitutional firearms law." However, that doesn't mean firearms will not be taken away from convicted felons or in criminal cases, including domestic violence or drugs.

"I think it's a great thing," said Sheriff Dan Miller, who was elected last year. "It sends a message that all of Wisconsin is not exactly the same. We have some different beliefs up north. We tend to be a little more conservative. We like our guns. We believe in God."

Several other counties have contacted Florence County officials to express interest in passing similar ordinances.

Florence County Supervisor Edwin Kelley said attempts by Gov. Tony Evers to call for action on gun violence has made his constituents nervous.

"That red-flag law — what benefit is that going to do anybody?" said Kelley, who has served on the board since 1972. "It gives too much authority to the government. Just enforce the rules we have instead of increasing them more and more so that down the road weapons will be gone for future generations."

Red-flag legislation sponsored by Democrats is modeled on existing laws that allow firearms to be taken from people suspected of domestic violence.

The legislation would allow police officers, family members and household members to ask a court to take someone's guns. If a judge determined there were reasonable grounds to believe the person was a danger, their guns would be temporarily taken away and a hearing would be scheduled within two weeks.

At the hearing, the judge would determine whether the guns should be returned or kept away from the person.

The proposal is similar to a 2014 law signed by Republican Gov. Scott Walker that allows judges to seize guns in cases involving people who are at risk of abuse, neglect or financial exploitation.

Democrats in Wisconsin and around the country have put a renewed focus on firearms legislation after gunmen killed 31 people in less than 24 hours in August in shootings in Ohio and Texas. On Thursday, two students were killed and four injured in a shooting rampage at a California high school.

Last week, Republican lawmakers rejected Evers' call for action on gun violence, swiftly denying debate and votes on bills that would add new rules for who in Wisconsin can possess firearms.

Evers said Wednesday he’s considering calling lawmakers in again to take up measures aimed at reducing gun violence, including the red flag law that prompted the county’s resolution, especially in light of a hit list and loaded magazine that was found at a Shorewood high school.

“Instead of deciding we're just going to gavel in and gavel out, take a vote,” Evers said. “I don't understand why we can't just take a vote and have people say, yes I'm for it, no I'm against it. Whatever, let's take a vote.”

Evers said he looked at whether he could implement the restrictions he wants via executive order but decided it needs to be a “legislative solution.”

Florence County, which has a population of 4,371, is overwhelmingly Republican. In fact, no other Wisconsin county voted for Donald Trump in the 2016 presidential election with a higher percentage than Florence County — 71.46%.

At Tuesday's county board meeting, a crowd estimated at 75 showed up. Kelley, Miller and county board Chairwoman Jeanette Bomberg said no one spoke against the ordinance with many, including members of the local VFW, speaking in favor.

"I had chills when they were talking," said Bomberg, who has served 29 years on the board. "I probably would never shoot a gun in my life. But to have that taken away from my home, that should not be for the federal government, state government or local government to decide."

The view from Florence County doesn't reflect public opinion statewide. In September, a Marquette Law School poll found 81% of registered voters in Wisconsin supported red-flag legislation. The same poll showed 80% backed universal background checks. Of poll respondents who said they own guns, 75% said they supported the expanded checks.

The idea for Florence County's Second Amendment sanctuary declaration came from Mark Kerznar. In May on the TV in his Spread Eagle tavern, Saloon Number 2 & Grill, Kerznar saw a Fox News story about a community that made a similar move.

On a weeks-long motorcycle ride across the country, he continued thinking about it and decided to draw up a resolution in June that he showed to the sheriff.

After the sheriff signaled his approval, Kerznar took it to the county board. Kerznar is a National Rifle Association member, hunter and gun collector and he's worried about the possibility his firearms could someday be taken away.

"You call the sheriff and say I just got off the phone with Mark and he threatened my life. With the new law, I would have no recourse. I would have to hire an attorney to get my gun back. It would be my word against yours," Kerznar said in a phone interview after visiting Oneida, Langlade, Vilas and Forest counties on Thursday to tell sheriff's departments about the sanctuary measure.

Also Thursday, the Republican Party of Milwaukee County tweeted a message about guns about 10 minutes before a 16-year-old in California shot his fellow high school students.

"Safety: While you pray for it, I'll be turning mine off," the tweet said under the photo of a handgun.

The tweet was later deleted. Representatives of the county Republican Party did not immediately respond to phone messages and emails about the tweet. Alesha Guenther, a spokeswoman for the state Republican Party, said the party "supports individuals' inalienable right to self-defense," but that it was up to the county party to say why the tweet was posted and removed.

The tweet was posted at 9:26 a.m., 12 minutes before the shooting was reported at Saugus High School in Santa Clarita, California.

Milwaukee Journal Sentinel reporters Molly Beck and Patrick Marley contributed to this report from Madison.