pkbites
Regular Member
imported post
Beinga copI have the privilege of going on WILENET, a website for law enforcement officers. On the site Assistant Attorney General Dave Perlman has a feature in which he fields questions regarding law, legal procedure, and cases officers come upon during the course of their duties. It is simply a Q&A forum and it does not afford any room for debate. Perlman is under no obligation to answer any questions at all.
There is a disclaimer indicating that Perlmans opinion does not constitute a formal opinion of the Attorney General or the Wisconsin Department of Justice.He is the AAG none the less, and I offered him this scenario:
A man aged 21 who is not a felon is walking down a public sidewalk. He is not
in a school zone. He is keeping to himself and is sober. On his hip is a
handgun, openly carried (not concealed), secured in a holster. When asked why
he is carrying a firearm, he states "I'm bearing arms for security and
defense, a right the state constitution says I have". Wisconsin has no law
against open carry, and ss 66.0404 voided out any local ordinances on it.
I say he is not committing any violation. But some my fellow officers say
they would arrest him for Disorderly Conduct. But reading the DC statute
947.01 I fail to see how it fits the act of open carry.
What do you think?
Perlmans answer:
I find it arguable that the conduct is legal, unless there are more people around, and then the same conduct is all of a sudden illegal. But this is the kind of thinking we're dealing with on this issue here in the Land of Cheese. Thought I'd share this with you.
Beinga copI have the privilege of going on WILENET, a website for law enforcement officers. On the site Assistant Attorney General Dave Perlman has a feature in which he fields questions regarding law, legal procedure, and cases officers come upon during the course of their duties. It is simply a Q&A forum and it does not afford any room for debate. Perlman is under no obligation to answer any questions at all.
There is a disclaimer indicating that Perlmans opinion does not constitute a formal opinion of the Attorney General or the Wisconsin Department of Justice.He is the AAG none the less, and I offered him this scenario:
A man aged 21 who is not a felon is walking down a public sidewalk. He is not
in a school zone. He is keeping to himself and is sober. On his hip is a
handgun, openly carried (not concealed), secured in a holster. When asked why
he is carrying a firearm, he states "I'm bearing arms for security and
defense, a right the state constitution says I have". Wisconsin has no law
against open carry, and ss 66.0404 voided out any local ordinances on it.
I say he is not committing any violation. But some my fellow officers say
they would arrest him for Disorderly Conduct. But reading the DC statute
947.01 I fail to see how it fits the act of open carry.
What do you think?
Perlmans answer:
Code:
Always an interesting question- under the circumstances that you describe it would seem to be legal conduct- a DC could be easily triggered (pun intended)if there are a lot of people around, etc. but the situation you describe does
not seem to reach to that level.
I find it arguable that the conduct is legal, unless there are more people around, and then the same conduct is all of a sudden illegal. But this is the kind of thinking we're dealing with on this issue here in the Land of Cheese. Thought I'd share this with you.