but maybe ya oughtn't do this?????
Posted on 04/20/2009 1:43:32 PM PDT by IDRATHERNOT
Edited on 04/20/2009 2:04:21 PM PDT by Admin Moderator. [history]
Madison - State Attorney General J.B. Van Hollen said openly carrying firearms is legal in a memo he sent to district attorneys Monday afternoon.
"The Department (of Justice) believes that mere open carry of a firearm, absent additional facts and circumstances, should not result in a disorderly conduct charge," the Republican attorney general wrote in the memo.
Wisconsin and Illinois are the only states that have an outright ban on carrying concealed weapons. But Wisconsin's statute is silent on carrying weapons openly, such as in a clearly visible belt holster.
But people who openly carry guns often have been charged with disorderly conduct. That police practice has come under scrutiny recently.
In February, Brad Krause was acquitted after being charged in August with disorderly conduct for having a holstered handgun while he did yard work in West Allis.
Then last week, Jesus Gonzalez filed a federal lawsuit against West Milwaukee and Chilton after police officers in those communities detained him for carrying a gun in a holster in a Menards and a Wal-Mart. In both cases, he was taken to jail but not charged.
In his memo, Van Hollen noted that the state constitution protects the right to bear arms.
"A hunter openly carrying a rifle or shotgun on his property during hunting season while quietly tracking game should not face a disorderly conduct charge," Van Hollen wrote. "But if the same hunter carries the same rifle or shotgun through a crowded street while barking at a passerby, the conduct may lose its constitutional protection."
"The same concepts should apply to handguns," he added, citing the West Allis case. He noted that brandishing a gun in public is not legal, however.
Van Hollen said police retain the right to stop someone who is openly carrying a weapon to investigate possible crimes, including disorderly conduct.
"Even though open carry enjoys constitutional protection, it may still give rise to reasonable suspicion when considered in totality," he wrote. "It is not a shield against police investigation or subsequent prosecution."
For later
HOLY COW!
great news! and our AG actually grew a spine to boot!
MANY THANKS for the post!
but maybe ya oughtn't do this?????
I hope this goes nationwide. This is awesome!
While I’m glad he supports us on this, I’m sad that our rights are so defined by the arbitrary whims of the bureaucrats.
Wisconsin?? I’d believe that open carry of crack pipes and joints would be legal in Wisconsin, but guns too?? Amazing! When did Wisconsin re-adopt the Constitution?
Concealed carry, however, is usually a much better choice if you have it available to you (which you do, theoretically, in all but Wisconsin and Illinois).
Not for long.
Like the gajillions of useless polls, these announcements only serve to tell Liberal-Socialists what they still have to do.
—bflr—
Had he been a RAT, would the paper have stated his party so early in the article? If something bad does happen, gotta get the pubbies blamed, you know.
Oh, wait there would have been no story; he'd have threatened disorderly conduct and menacing charges against open weapons carriers!
Well arguably it was legal prior to the AG releasing that memo, but people were being randomly charged with disorderly conduct when exercising their right.
This clears that issue up.
This and the 9th Circuit decision that says states and local governments must abide by the 2nd Amendment make this a good day for gun owners.
Bump for your pinglist!
A couple years ago. There was a referendum. It was close.
KEEPER!!!
AZ is an open carry state, but I still wouldn’t do it. Too many Californicators and New Yorkers have moved here and will have an aneurism if they see you walk into K-Mart with a holster and sidearm. I’ve seen it happen.
You know, his last name would make for a great name for a band.
I guess plastering Van Hollen’s picture on milk cartons finally paid off.
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