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Tilted Cat Head
Administrator
Location: Manhattan, NY
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Quote:
AG Says Citizens Have Right To Openly Carry Firearms - Milwaukee News Story - WISN Milwaukee
Van Hollen's Statement Creates Firestorm
MILWAUKEE -- Wisconsin's attorney general JB Van Hollen created a firestorm when he issued an advisory to district attorneys across the state that citizens have the right to openly carry firearms in Wisconsin.
"Our advice was people are permitted to openly carry firearms, that it wasn't in and of itself disorderly conduct. We intentionally didn't go into any factual based scenarios because they're all different," said Van Hollen.
"It's ridiculous to think someone should be allowed to walk down Wisconsin Avenue with a loaded firearm on their hip," said Gov. Jim Doyle.
The attorney general's advisory came after a number of district attorneys asked for guidance on the issue.
"The more people that have handguns, or wear handguns, the more chance there is for something bad going on. It's not black and white, just because you have a constitutional right to carry a handgun in the open, it doesn't mean carte blanche, you can carry it anywhere at anytime and do anything you want, " said Chief David Banaczynski, leader of the state Chief's Association.
A lawsuit filed by a Milwaukee man is one of the key cases leading to the attorney general's statement.
Jesus Gonzalez was Menard's in West Milwaukee last may with a handgun on his hip when the store manager called 911.
Gonzalez was arrested in the parking lot and cite for disorderly conduct. But, a municipal judge found that Gonzalez did nothing illegal and dropped the charge.
Earlier this month, Gonzalez filed a federal lawsuit after he was arrested in Chilton for carrying a gun in Wal-Mart.
"I carry because it's a right. I'm not doing anything illegal. I see no problem with it," said Gonzalez.
Gonzalez said he began carrying a gun a few years ago after he was mugged by three men and no longer felt safe.
"One with the screwdriver had it up to my neck and I remember thinking, never again. That next time, I'm gonna have a gun. That next time, I'm going to be ready one way or another," said Gonzalez.
The police in Chilton still have Gonzalez's gun.
He said he well aware that he can not have a load gun in his car or carry it near a school or anywhere prohibited.
He said he also knows that he can not take it out of the holster or threaten anyone.
But, Gonzalez is convinced that he is safer with his handgun on his hip,
"Having the gun open is kind of a deterrent. People don't want to mess with you at all. They see the gun and they head the other way. You know, criminals," said Gonzalez.
A constitutional scholar at Marquette University said that the issue is all shades of gray.
What if you're simply wandering around someplace where that gun makes people nervous. What are the police able to do with you," said Professor Rick Esenberg.
Esenberg suggested that the legislature may want to again take up the issue of a concealed carry law which would place some limits on where a gun can be carried and perhaps require training.
The local police chief's have a monthly meeting on Wednesday and this is expected to be the dominant conversation
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Quote:
Milwaukee Chief To Officers: Ignore Gun Memo - Milwaukee News Story - WISN Milwaukee
POSTED: 8:55 pm CDT April 21, 2009
UPDATED: 9:10 am CDT April 22, 2009
MILWAUKEE -- Milwaukee's police chief said he'll go on telling his officers to take down anyone with a firearm despite Attorney General J.B. Van Hollen's finding that people can carry guns openly if they do it peacefully.
Chief Ed Flynn said officers can't assume people are carrying guns legally in a city that has seen nearly 200 homicides in the past two years.
He said that means 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.
Flynn said it's irresponsible to send a message that if someone carries a weapon openly no one can bother them.
Van Hollen issued a memo to the state's district attorneys this week saying someone openly carrying a gun can't automatically be charged with disorderly conduct. But he also said police have full rights to stop and question the person.
Flynn said his officers will do more than that in their efforts to fight crime.
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I find it disconcerting that the Police chief suggests to IGNORE the AG's orders. Police officers deciding how to interpret the laws.... 
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