bnhcomputing
Founder's Club Member
imported post
I sent the following theLa Crosse County Sheriff. What follows is our email exchange.
I then sent a follow-up email:
Now I would welcome input from the members here.
I sent the following theLa Crosse County Sheriff. What follows is our email exchange.
Sheriff Replied:Dear Sheriff Helgeson:
As you are aware, Wisconsin's constitution grants the people the constitutionally protected right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose. Both the State Supreme Court and Governor Doyle have stated that as concealed carry is currently illegal in Wisconsin, open carry is the only means available to the citizens as a way of exercising this right.
I am writing you directly for clarification concerning enforcement as it pertains to Wisconsin's constitutional right to bear arms, instead of relying on the rumor mill.
My concern is specifically how the department will respond should they receive a "man with a gun" call should an uninformed citizen contact your department regarding me exercising my right to bear arms. I understand how such a call must be investigated, but I am looking for some assurance that I would not be charged with a crime, such as disorderly conduct, having violated no law.
Thank you for your time and consideration in this matter and I look forward to your reply.
Thank you for your email. I certainly understand your concerns regarding exercising your constitutional rights with open carry. In order to give you the most accurate information and explanation possible, I have requested an opinion from La Crosse County District Attorney Tim Gruenke. It likely will take some time before he responds, but I certainly will advise you as soon as he does.
If we our dispatched to a call regarding a firearm, our Deputies are trained to respond in a tactically safe manner for the safety of everyone. The response is dependent on the scenario and each scenario is different. I can assure you I do believe citizens have the right to exercise their constitutional freedoms. One of the problems is I have no ability to control how the public perceives their observations of an event. For example, a home owner exercising his legal right to open carry on his property may result in a 911 call by the public of a suspicious person prowling while armed with a handgun outside a residence.
I then sent a follow-up email:
Received the following:Having had opportunity to further consider your email, there is a question that I feel you can address regarding open carry.
Per your email, should the department receive a call from a concerned citizen, the department will respond in a tactically safe manner. My question is more about what happens once the deputies determine that they are dealing with a law-abiding individual simply exercising their constitutional right. Will the deputies take the citizen into custody, or send the individual on their way and then visit the caller to educate them that the individual was doing nothing illegal?
Again, thank you for your time and consideration in this matter and I look forward to your reply.
If a law abiding citizen is simply legally exercising their constitutional rights, they will not be arrested or charged with a crime, as no crime has been committed. I believe education of the public is very important in regard to open carry. It would also be helpful if a citizen legally planning to open carry would contact our Department. That would allow the patrol deputies to be aware of the situation in the event there citizen complaints. It would also provide for a safer response, if a response to the complaint is necessary. It is possible the complainant could simply be advised of the circumstances by phone. Obviously notification of law enforcement of not required, but it would be very helpful.
Now I would welcome input from the members here.