O.C. of firearms legal, Van Hollen says (Wisconsin AG)

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Open carrying of firearms legal, Van Hollen says
By Patrick Marley of the Journal Sentinel

Posted: Apr. 20, 2009 3:16 p.m.

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."

[stevie_d_64]

A dull butter knife could slice thru the irony in this case...

I'mmmmmm jus sayin'...