Van Hollen said it's legal to openly carry a gun on the street in Wisconsin and advised prosecutors that merely having a gun doesn't, by itself, warrant a disorderly conduct charge.
The advisory gives those who choose to carry guns in public more confidence in doing so but isn't likely to spark a rush to arms, said Gold, who works with OpenCarry.org, a gun rights advocacy group based in Virginia.
"Most of those inclined to do it already knew it was legal," said Gold, a 54-year-old photographer. "Those that choose to do so should be able to do so without interference."
There didn't appear to be a noticeable increase in publicly armed residents Tuesday, but that could change.
Van Hollen's memorandum removes the fear of prosecution that kept some people from carrying firearms openly in Wisconsin, said John Pierce, co-founder of OpenCarry.org, who expects "a flood" of people to begin doing so.
"In Wisconsin, because you are foreclosed from any other way to defend yourself, you're going to see people open carry for personal protection," Pierce said.
Wisconsin is one of 29 states that allow open carry, and one of just two, with Illinois, that prohibit carrying concealed weapons. Gov. Jim Doyle twice vetoed legislation that would have made it legal. In 2006, Doyle said concealed carry laws didn't make sense, but those who wanted to carry guns in Wisconsin should "wear it on your hip," the Wisconsin Dells Events newspaper reported.
Reacting Tuesday to questions about Van Hollen's memorandum, Doyle said local communities should be able to adopt their own ordinances relating to guns. He said he objected to a 1995 law that barred municipalities from enacting gun regulations that are more stringent than state regulations and wiped out about 35 local gun-control ordinances.
"To me it's a very different issue whether you're walking down Wisconsin Avenue in Milwaukee with a gun on your hip and . . . if you're carrying a hunting rifle through a town during hunting season," Doyle said..
There are constitutional considerations regarding such ordinances, and Doyle's position would require a change to state law. He stopped short of calling for that Tuesday, but others did not.Van Hollen's memorandum refers to the 1998 constitutional amendment affirming the right to bear arms in Wisconsin, for security, defense, hunting, recreation or any other lawful purpose. The U.S. Supreme Court last year struck down a handgun ban in Washington, D.C., saying it was unconstitutional.
Law officers preparing
Meanwhile, some law enforcement officials are preparing to face more open-carry situations, and some are clear the memo won't change their approach.
Milwaukee Police Chief Ed Flynn said he'll continue to tell officers they can't assume people are carrying guns legally in a city that has seen nearly 200 homicides in the past two years.
"My message to my troops is if you see anybody carrying a gun on the streets of Milwaukee, we'll put them on the ground, take the gun away and then decide whether you have a right to carry it," Flynn said. "Maybe I'll end up with a protest of cowboys. In the meantime, I've got serious offenders with access to handguns. It's irresponsible to send a message to them that if they just carry it openly no one can bother them."
In communities where shootings aren't as common, police say they'll at least be asking questions.
"We all anticipate in the metro area that some people who are very passionate about this topic may exercise this right, and there may be reason for us to stop and talk to them," said Wauwatosa Police Lt. Dominic Leone.
Cudahy Detective Dala Milosavljevic said Van Hollen's advisory creates a new atmosphere for police.
"It's going to be like the Wild West where they have the holster strapped down to their leg," he said.
But Milwaukee County District Attorney John Chisholm said Van Hollen's memorandum changes very little for prosecutors, and few citizens are likely to begin openly carrying firearms as a result.
In a practical sense, there are limited locations where it would be legal, given statutory prohibitions against carrying firearms in businesses with liquor licenses, in school zones or public buildings, he said.
"I do have faith that the vast majority of people are going to continue to use the same sound judgment and not openly display or carry firearms in a public setting," Chisholm said.
Open carry debate in wisconsin
the LAW we are going to harass you until you give up doing something perfectly legal".
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Originally Posted by Mithie
