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."
A pleasant surprise from JB.
Ought to be interesting to see how this plays out. Especially in light of the 9th Circus' surprise ruling.
In revised English:
Offers more options than just smaller pistols...
Back in 1995.
Thank you, Dave Zien!
I know what you’re saying, but if I were a customer in a bank that was about to be robbed, I know I’d rather have my pistol concealed than in a holster any day. To me, that’s a tactical advantage.
“and you don’t see any military using this so-called “tactical advantage” of carrying concealed only...”
The military doesn’t worry about bank robbers trying to get the jump on them and they travel in packs with backup...we don’t. So, yes, it is a tactical advantage to not have the bad guy target you immediately for termination once they decide anyone who is a threat must be shot.
The 2nd amendment was added to the Constitution as to prevent this infringement of the rights of the people via 10th amendment promotion.
I hate to wish ill will on anyone, but, if the aneurism will prevent them from voting in future elections...........
As another poster pointed out, the 9th Circuit ruled that the 2nd Amendment is incorporated to the states. As to whether this means the states are required to allow CCW, that's another story.
So?
Seeing New Yorkers or Californicators shopping could be cause for an aneurysm.
Life is soo fragile isn't it?
It is called projection, liberals fear people having guns not because they are afraid of getting shot, they fear if they had a gun they would shoot someone. They transfer their fears onto others, much like how a woman says all men are scum and cheaters while she cheats on whom ever she dates.
While taking the c.c.w. class here in Florida they stress, If a cop approaches you for any investigation, let them know you have a c.c.w. and offer to let them check your i.d. and do what ever they say.
Then sue them if they screw you out of your rights.
what the hell is a non permissive open carry state?
A little open-carry march in Ohio over the weekend. From the Springfield News Sun (Ohio):
Residents march with firearms in downtown
By Matt Sanctis
Staff Writer
Updated 7:25 AM Monday, April 20, 2009
URBANA Ruth Helms jaw dropped just a little as she sat in a barber shop in downtown Urbana and a small parade of armed men and women walked past the business.
In order to raise awareness about Ohios gun laws, a group of about 30 men, women and children celebrated their right to bear arms Saturday, April 18.
Thomas Horch, who organized the Patriots Day Open Carry Walk, said the walk was designed to educate people about gun rights in Ohio. For about an hour, the small group walked through downtown Urbana carrying rifles and handguns. The rifles were not loaded, and the handguns were holstered at all times, Horch said. Authorities were also notified about the walk in advance.
We just want to exercise our liberties, said Michael Craft of St. Paris. Its more of a celebration. Its not a protest or anything.
Joseph Ponikvar traveled all the way from Cleveland to join in the walk. He said he wanted to show his support for Ohios open carry laws. He said he is also trying to organize a rally on May 30 in Cleveland. Ponikvar said he believes it is actually safer to carry guns openly as opposed to concealed carry laws.
I personally dont like concealed carry unless you have to do it, he said.
Horch said the walk has grown a little since last year, when about 15 people showed up. This year, the figure roughly doubled, he said. Those who attended the walk were not required to carry a firearm.
Horch said the walk, which was in its second year this year, would be an annual event in Urbana.
Contact this reporter at (937) 328-0355 or msanctis@coxohio.com.
Photos of the walk:
http://projects.springfieldnewssun.com/cache/galleries/News/Local/041809openwalk/
I was surprised to hear this on WISN radio out of Milwaukee this afternoon. It was on their late afternoon news update. Can’t wait to hear what Vicki McKenna has to say about this.
Open Carry is not lawful (except under specific circumstances, such as to/from hunting or on your own property).
Is this a WI. resident thing? Or....if I cross the border from MN, do I just need to tuck in my shirt behind my holster, going from concealed to open?
Hail you!
"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.
I have the feeling my neighbors would still be nervous if I carry my Nagant revolver openly. The ones with the o-bozo bumper stickers anyway.
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