You may not have read a lot about Wisconsin’s position on open-carry (vs. “concealed carry”) of handguns this week, especially in Illinois newspapers. Or did I just miss the news?
According to Wisconsin Attorney General J.B. Van Hollen, citizens may carry guns openly (i.e., not concealed) in Wisconsin. You will want to read his opinions and memoranda very carefully and distinguish between "citizens" and Wisconsin "residents." And stay out of Milwaukee, if you are packing.
From a Memo of the Wisconsin Department of Justice, “The Department believes that mere open carry of a firearm, absent additional facts and circumstances, should not result in a disorderly conduct charge.”
The Attorney General indicates that a Terry stop might still be warranted and would not be illegal, if it is brief and only to ascertain identity and purpose. An officer cannot harass (my wording) a citizen who is openly carrying a handgun.
You’ll want to catch the reaction of the Milwaukee police chief before heading onto his turf. He apparently has ordered his officers to “put the person on the ground” and then find out if he is carrying legally. Gee, what country is Chief Ed Flynn from? I think he is several thousand miles and a few decades out of place. Apparently, he missed the message that Milwaukee is still in Wisconsin. Was he out of town?
You can read the Wisconsin Attorney General’s Memo here: http://www.doj.state.wi.us/news/files/FinalOpenCarryMemo.pdf
Wisconsin almost passed a concealed-carry law a while back. Well, the legislators did pass it, but Gov. Doyle vetoed it and then he was able to muscle just enough legislators to prevent an over-ride of his veto. Next time, next time…
And in Illinois?
You never know who is interested…
3 months ago
2 comments:
An open letter to Chief Flynn:
Last time I checked, cities were still required to follow state laws and not just make up their own.
If I am legally and openly carrying a handgun in Wisconsin, including Milwaukee, and your officers "put me on the ground", you can count on a lawsuit.
Gus Philpott
Woodstock, Ill.
Read this newspaper article about open-carry in Wisconsin: http://www.jsonline.com/news/wisconsin/43302252.html
The AG's opinion pertains narrowly to open-carry and a disorderly conduct charge, so one would have to be careful that Wisconsin officers might find another law under which to charge a person who is carrying but not causing any problem.
Illinois law is different. Right now, open-carry would bring the hammer down on the otherwise law-abiding resident who carries for his own protection.
Open-carry has its own hazards. A criminal might just shoot the armed person first, since he can see who has a gun. With concealed-carry, the criminal doesn't know if a person is armed. Hence, crime goes down in states that allow concealed-carry of handguns.
Wake up, Illinois.
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