Attorney General J.B. Van Hollen, has made it clear that folks who open carry in public will not be prosecuted because that right has constitutional backing (there are a few exceptions). I would rather carry a weapon concealed instead of in the open, but they won't let me do that here in Wisconsin. However, to make a point, I'd be willing to proudly pack my sidearm around in public because I agree with John Pierce, one of the founders of OpenCarry.org, "It's about recognizing that the right to defend oneself is a natural right and that by openly doing so, it is a wholesome activity." Perhaps if enough of us open carried, maybe they would just pass the law which would allow us to carry our weapons concealed.
http://www.jsonline.com/news/wisconsin/43302252.htmlOpen carrying of firearms legal, Van Hollen says
By Tom Held and Patrick Marley of the Journal Sentinel
Posted: Apr. 20, 2009
Madison - Openly carrying a gun on the street or in a store will attract plenty of attention, particularly from police, but is perfectly legal, according to an advisory issued Monday by state Attorney General J.B. Van Hollen.
His memorandum to prosecutors says the mere act of having a gun does not warrant a charge of disorderly conduct, a position that pro-gun advocates have argued in several recent legal cases.
However, packing a sidearm is still likely to give police justification to ask the armed citizen a few questions, Van Hollen said.
"Whereas I don't expect police would ask somebody additional questions just because they are openly carrying a firearm, they shouldn't be immune from questions either," he said in a telephone interview. "It tends to lead to more inquisitiveness by law enforcement, and that's where their discretion has to enter into it."
Reacting to the memo, Milwaukee Police Chief Edward Flynn said he would advise his officers to question anyone out in public with a gun.
"If my officers see someone walking around the City of Milwaukee with a firearm openly displayed, it borders on irresponsible if I were to communicate to members of my community that they can carry that firearm with impunity," Flynn said.
Van Hollen distributed the advisory in response to questions from district attorneys and police officials across the state. Some, Van Hollen said, mistakenly believed the mere act of wearing a handgun in a visible holster amounted to a violation of the disorderly conduct statute.
His advisory was most clear on that point. "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 two states that do not permit carrying of concealed weapons. But Wisconsin's statutes are silent on carrying weapons openly, such as in a clearly visible belt holster, a practice that has constitutional backing.
That right is not without limitations. Statutes that require guns to be cased when transported in vehicles and those that prohibit guns in taverns, schools and public buildings will be enforced, according to Van Hollen's advisory.
His memorandum serves as guidance to police and prosecutors, who have arrested and prosecuted people across the state for open carry.
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 passer-by, 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 or waving 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."
Open carry advocates were pleased that Van Hollen had advised prosecutors that it was wrong to use an overly broad interpretation of the disorderly conduct statute. In Wisconsin, which prohibits concealed carry, citizens have no other option to carry out their rights, the advocates maintain.
"It's about recognizing that the right to defend oneself is a natural right and that by openly doing so, it is a wholesome activity," said John Pierce, a founder of OpenCarry.org. "People who open carry do not do so to get attention. They do so to make a political point, in many cases, just like a same sex couple going out of their way to hold hands in public."
The legal aspects of Van Hollen's memorandum were less important than the potential public health impacts, in the mind of Stephen Hargarten, the director of the Firearm Injury Center at the Medical College of Wisconsin.
"What kind of training are these people going to have, and what kind of firearms are they going to be carrying?" Hargarten asked.
Steven Walters of the Journal Sentinel staff contributed to this report.
