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."
She said "that's illegal."
"Sorry, Mom, but it's perfectly legal."
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.
Then they better update their health insurance, ‘cause I open carry in southern AZ.
Newsflash from Nashville TN:
This happened right down the street from my house:
Some crazed Right Wing LEGAL gun owner fired on a robber who robbed a local Verizon wireless store. Nobody was harmed and the robber escaped and is at large...
Would have been better if he had been hit, but I love good citizens coming to the rescue!
So you are basing the use of your rights on what others think? Say what!? Gun owners need to start stepping out and using your rights...
Awhile back a county resident was hassled and arrested for disorderly conduct for carrying a legal weapon in a legal manner and with a valid carry license, by deputies who did not know the very laws they were enforcing...
After the DA dropped the case like a hot rock, and the Federal Lawsuit was filed against the Deputies and the Dept. for violations of civil rights. Its happened a couple of times around our state so I decided to take a stand, I ordered a level two holster and started Open Carrying quite a bit.
I urge all of you to do the same (our state allows both so sometimes I'm open, sometimes I'm concealed.). If your states allows Open Carry.. buckle 'em up and let 'em hang.
There are no better ambassadors for the Second Amendment than citizens actively using their rights.
There are bills in the works in the Texas Legislature to remedy that absurdity -- IOW, to allow open carry in public.
Out here in the boonies, I carry openly -- with a couple of "snake" (shot) loads "up top". In urban environments, I consider concealment to be both tactically and socially superior. But I hate having to be paranoid about preserving concealment just because of a stupid law!
I felt sorry for the guy, but damn, it was funny, although I didn’t laugh out loud. I recently purchased a car from a dealer in Sandusky, Oh. I had everything out of my trade-in except my .45. I got it and was walking over to the salesman. He saw my .45 and by the way he moved 50’ away instantly you would have thought I had a 50’ rattle snake. Poor man. I suppose it was considered brandishing, but I didn’t want it in my pocket, already had a .25 there. He sure stared at it though.
Hail you!
That sounds about right. Cross the border and expose your weapon. However, a loaded weapon isn’t allowed in vehicles for any of us (yet). Also, concealed weapons are for residents on their own property or in their own business. Therefore, I can conceal carry around my own property. I would like to think that also applies to anyone I give permission to but am not sure on that. But it seems logical as a business owner can give the employees the ability to CCW when on his property...
IF this isn’t correct, I would appreciate someone pointing out where I’m wrong.
This has been in the state constitution for over 130 years. It’s just that when you get less and less people exercising their rights, eventually you lose them. And it has been extremely difficult getting them back, if you can get them back at all.
Looks like there is at least one person, Cheesehead, in Wisconsin, who doesn’t have holes in his head (yet).
Can we dare to hope that one day we in Wisconsin plus Illinois will be allowed concealed carry like the rest of the US? Maybe once Governor Doyle is out and Scott Walker is in?
Scott Walker or Paul Ryan. Either would be great governors.
NOTE: The 2nd Amendment is SELF-incorporated to all government entities at every level. It is MORE ABSOLUTE than the 1st Amendment, or any of the others, because the wording forbids not only CONGRESS, but ANYONE from infringing on it. The 1st says “Congress shall make no law...”. The 2nd say “shall NOT be infringed!” Period! End of debate!
Let's not make the anti-'s arguments for them...
““I personally don’t like concealed carry unless you have to do it,” he said”
Oh, you mean one of those second-amendment rights crazy right-wingers that actually obeys the law if it is required of him? /s
“You mean like the bank guards?”
Of which haven’t been much of a deterrent. Knowing who is carrying makes for management of those persons. NOT knowing who is carrying makes for a big unknown and that spells risk. This is why gun crimes goes down in areas with new concealed laws: The criminals get nervous.
Remember, we said “tactical” advantage, not “strategic”. While the bad guys are worried about those with guns strapped to their hip, they aren’t paying me and my concealed weapon much of a bother.
Not when they are only there to shuffle the cash around. After that, the Victim Disarmament signs take over.
Dressing everyone like sheep makes us all look like dinner to the wolves.
That is TACTICALLY stupid.
“Dressing everyone like sheep “
Are we all supposed to dress in olive drab and carry M-16s??
Imagine a bad guy wants to rob you and sees your six-shooter on your hip. All he has to do is position himself to prevent you from going for your gun.
Imagine you not openly carrying and the bad guy has no idea you might be carrying. Either he will leave you alone or else he won’t be in a superior position because he has no idea where your gun might be.
Even wolves know there might be a dog in the yard.
I know, I know, and you are absolutely correct. Rights - use ‘em or lose ‘em. Problem is, when I’m at the grocery store, I’m usually in a hurry and getting stopped and interrogated or even handcuffed would really piss me off and probably lead me to more problems than I would have had otherwise. Also, an acquaintance spooked me a bit when telling me that if you don’t have your CCW and are carrying and your shirttail just happens to flip over and partially conceal your gun, you’re in deep doodoo if they spot you like that.
Didn't say it could'nt be a hassle, but if enough people start carrying then the "stupid" will seep out of your local LEOs... after a couple of incidents in our state the LEOs are now up to speed on our carry laws....AFTER a few lawsuits were filed.
Point is, if people do not exercise their right, it will continue to be "uncomfortable" to fully use it, and later some idiot politician will say well no one carry's anyway, lets just strike the law.
Usually if someone notices my weapon, they stare at it then they look at me, and I just give 'em a big wave and smile, An I've also got a few converts who didn't realize they could carry open and now do after I explained the law.
They can give you guidance on the laws and get you with a bigger group to start getting you used to open Carrying.
So good luck and stay locked and loaded for the upcoming 2A battles.
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