Wisconsin AG issues opinion, "open carry is legal" - Page 2

Wisconsin AG issues opinion, "open carry is legal"

This is a discussion on Wisconsin AG issues opinion, "open carry is legal" within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; This fruit is about to get really ripe. Wisconsin has long been a stand alone state and does not recognize reciprocity for even drivers license ...

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Thread: Wisconsin AG issues opinion, "open carry is legal"

  1. #16
    Senior Member Array LeCalsey's Avatar
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    This fruit is about to get really ripe.

    Wisconsin has long been a stand alone state and does not recognize reciprocity for even drivers license related issues from other states. Not to mention CCW reciprocity

    That being said, I see a very short future for the Governor of WI (An Obama Dem BTW) as well as alot of local police administrators if they don't start listening to the voices of the law abiding 2A citizens of WI
    2A is not negotiable


  2. #17
    Member Array ayce2's Avatar
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    Here's a response from a former prosecutor in WI ..now a talk show host in Milwaukee.
    Ed Flynn, Call Your Lawyer - Quickly! | Newsradio 620 - Milwaukee, Wisconsin News, Talk, Sports, Weather | Jeff Wagner
    Politicians and diapers have one thing in common. They should both be changed regularly, and for the same reason.

  3. #18
    Member Array dougwg's Avatar
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    When the police point their guns at you and order you to the ground WITHOUT CAUSE, it's called felonious assault.

    When the Chief orders his officers to commit this felonious assault it raises to CONSPIRACY TO COMMIT A FELONY.

    This Chief is a MORON!

    I bet the first person to be "put on the ground" will be very rich, very quick.

  4. #19
    Member Array Arisin Wind's Avatar
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    My god!!! What happened to "innocent till proven guilty"?

    That says a lot about him, I tell you!!! This "is" America, isn't it?


    Yes. This is Amerika. You're papers please.
    Be not far from me, for trouble is near; For there is none to help. psalm22:11

  5. #20
    Distinguished Member Array Anubis's Avatar
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    Quote Originally Posted by DPAZ View Post
    I firmly agree that open carrying is provocative, hence the reason I carry concealed, but when legal, I shouldn't have to be expected to put up with that kind of treatment.
    Of course in Wisconsin, "open" is the only legal method of carry, and this is the state wherein a man planting a tree in his yard was busted recently for disturbing the peace.

    Maybe if open carriers would accustom Wisconsin residents to the sight of firearms not causing casual gun battles, it would help the effort to get CC enacted there.

  6. #21
    Distinguished Member Array tinkerinWstuff's Avatar
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    Quote Originally Posted by ayce2 View Post
    Here's a response from a former prosecutor in WI ..now a talk show host in Milwaukee.
    Ed Flynn, Call Your Lawyer - Quickly! | Newsradio 620 - Milwaukee, Wisconsin News, Talk, Sports, Weather | Jeff Wagner

    Ed Flynn, Call Your Lawyer - Quickly!
    By Jeff Wagner

    Story Created: Apr 22, 2009



    Monday, Wisconsin Attorney General J.B. Van Hollen issued an advisory legal opinion stating that openly carrying a firearm was not, in and of itself, a basis for a charge of disorderly conduct.

    This morning, Milwaukee Police Chief Edward Flynn announced that regardless of what the Attorney General says, his officers are under orders "to take down anyone with a firearm". By that he says he means that "officers seeing anybody carrying a gun will put them on the ground, take the gun away and then decide if the person has a right to carry it."

    Ed, for God's sake, shut your pie hole and call your lawyer!

    Frankly, the firearms laws in this State are a mess. Most of the present problems could have been avoided had the Governor agreed to develop a reasonable policy allowing law-abiding citizens (with appropriate training, licensing and certification) to carry concealed firearms under certain circumstances. He didn't though. As a result, you now have laws on the book which are in direct conflict with the plain language of the Wisconsin Constitution.

    I would much prefer to have trained, certified citizens who have passed a background check carrying concealed firearms than have untrained people wandering down the street with guns on their hips. That's not where we are with the law though.

    Which brings us to Chief Flynn.

    Before police can "arrest" an individual, they need probable cause to believe that the person has committed a crime. The first time that one of Flynn's officers "tackles" a person they observe doing nothing more than carrying a firearm openly, they are inviting a lawsuit against the City. If the person happens to be seriously injured while they are being "taken down" without probable cause, Flynn better get ready to open the City's checkbook.

    Hopefully, we won't see a large number of people suddenly start "packing heat" as they stroll the streets of Milwaukee. My suggestion however would be that Chief Flynn immediately sit down with the City Attorney and develop a protocol for dealing with the people who do start carrying guns openly.

    Candidly, ordering officers to assault people who are engaging in behavior that the Attorney General of the State defines as lawful is ill conceived and may, in and of itself, be unlawful. That's not to say that the police aren't allowed to investigate situations where they see people carrying firearms openly. It's just that the "investigation" should be within the limits of what's permitted by the law and the Constitution.

    Hopefully, Chief Flynn was just engaging in some hyperbole when he spouted off on this matter. If he was serious though, the City Attorney needs to get his attention before Milwaukee gets hit with a rash of lawsuits.

    In a larger sense though, perhaps this latest ruling will get the attention of the Governor and the Legislature - and motivate them to straighten out the quagmire that Wisconsin gun laws have become once and for all!
    "Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."

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  7. #22
    Member Array FHBrumb's Avatar
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    Is there a certain percentage of the pistol/holster that must be visible for OC and not CCW?

    If the Officer approaches from the wrong side, he will not see a pistol, is it then CCW?

    How far could the definition of concealed be taken?

    I do know that the law says that a pistol sitting on the seat of your car, if not readily visible from the perspective of a passer by is concealed. So, on a person, it's how easy to call it concealed?

    Black pants, black belt, black OWB holster, black pistol, black shirt, is it OC or CCW?

    Loads of stuff to understand...
    Washington Post 06/28/2010 re: Supreme Court Decision
    "The court's decision means that the enigmatically worded Second Amendment... identifies an individual right to gun ownership, like the freedom of speech, that cannot be unduly restricted by Congress, state laws or city ordinances. "

  8. #23
    Distinguished Member Array P7fanatic's Avatar
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    Cool

    Quote Originally Posted by FHBrumb View Post
    Is there a certain percentage of the pistol/holster that must be visible for OC and not CCW?
    If the Officer approaches from the wrong side, he will not see a pistol, is it then CCW?
    Loads of stuff to understand...
    Yes, for a person to be properly 'open carrying' the weapon must be in plain sight from all angles of view. Therefore the only way one can properly 'open carry' is to have the weapon on the top of their head. They also may not wear a hat or it will then be considered 'concealed carry'.







    "The price of freedom is eternal vigilance." -Thomas Jefferson

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    GOOD Gun Control is being able to hit your target! -Myself

  9. #24
    VIP Member Array Thanis's Avatar
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    Very soon, the law will be changed, and OP will be made illegal there. It would be nice to hear differently, and even better if some type of CC permit was allowed.

    I once canceled a trip to Mount Rushmore because I have a wall of non-reciprocity CC states blocking the way (WI, IL, & IA). I am considering going the long way (via upper MI) having to only be in WI a short time on the way to MN, then to SD.
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  10. #25
    Distinguished Member Array TerriLi's Avatar
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    Oh boy, now Im seeing what could happen here in Florida soon.
    I know not what this "overkill" means.

    Honing the knives, Cleaning the longguns, Stocking up ammo.

  11. #26
    Member Array FHBrumb's Avatar
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    Quote Originally Posted by P7fanatic View Post
    Yes, for a person to be properly 'open carrying' the weapon must be in plain sight from all angles of view. Therefore the only way one can properly 'open carry' is to have the weapon on the top of their head. They also may not wear a hat or it will then be considered 'concealed carry'.







    I'm thinking that if us WI Folks are going to push this button, we had better get our ducks in a row first. I'm thinking that if an arresting officer called it concealed, he would at least get his day in court to tell a judge why he said it was. That alone makes it a real PITA. With no definition (I tried to find one), it's completely subjective.

    My XD-45 in an IWB, if I'm wearing a black T-shirt tucked in, might be considered concealed, especially, if I don't walk arround with my hands above my head. With a black pistol in a black holster over a black t-shirt, and my arms relaxed at my sides, it's all but invisible to many. We need precedence, and we don't have it.

    But thanks for yout insightful response...
    Washington Post 06/28/2010 re: Supreme Court Decision
    "The court's decision means that the enigmatically worded Second Amendment... identifies an individual right to gun ownership, like the freedom of speech, that cannot be unduly restricted by Congress, state laws or city ordinances. "

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