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Thread: Press Release: Time for Milwaukee to Fess Up - Open Carry is Lawful

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    OpenCarry.org



    For Immediate Release – October 29, 2008[/b]
    [/b]


    Time for Milwaukee to Fess Up



    Ordinance Banning Open Carry is Preempted by State Law![/b]
    [/b]

    OpenCarry.org calls on Mayor Tom Barrett to come clean and admit that Milwaukee’s ordinance against all gun carry is preempted by state law for three reasons.



    First, like most state legislatures, Wisconsin has preempted localities on gun control via clear state statute by providing that



    [e]xcept as provided in subs. (3) and (4), no political subdivision may enact an ordinance or adopt a resolution that regulates the[/b] sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing[/b], transportation, licensing, permitting,

    registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute[/b].[1]



    And as Wisconsin, like most states, does not ban the holstered “open carry” of handguns, nor require any license to open carry,[2] neither can cities like Milwaukee.



    Second, as the U.S. Supreme Court recently in D.C. v. Heller[/i][/b], the Constitutional right to “bear” arms means to “carry” them “openly,” not concealed.[3] But like other states, the Wisconsin courts have held that the Wisconsin’s constitutional right to bear arms is **stronger** than the Second Amendment and reaches to protect even **concealed** carry even where state statute makes concealed carry unlawful.[4]



    And third, as noted in this month’s Milwaukee Magazine, Milwaukee District Attorney John Chisolm admits that open carry is not unlawful and Milwaukee Legislative Reference Bureau Manager Barry Zalben suggests the City ordinance should be repealed.[5]



    Come on Mayor Tom – you swore to uphold the law, did you not?







    ###



    Media Contacts[/b]:

    OpenCarry.org co-founders:
    John Pierce:
    John@OpenCarry.org
    Mike Stollenwerk:
    Mike@OpenCarry.org





    [1]Wisconsin Statute 66.0409(2) (emphasis added).



    [2] See[/i] http://www.opencarry.org/openc arry.html
    .



    [3]See[/i] opinion at http://www.scotusblog.com/wp/wp-content/uploads/2008/06/07-2901.pdf on pages 10 and 39-41.


    [4] See generally[/i] summary of the “pizza man with a gun” case at http://www.jsonline.com/news/milwaukee/29446874.html.


    [5] Samantha Hernandez, The Firing Line[/i][/b], Milwaukee Magazine, November, 2008 (attached).

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    Mike:

    Thank you for this release.

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    What purpose do these serve?

    Do they ever get published in the local rags?

    Has ANY "release" from this site actually generated a positive result?

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    Support The 2nd wrote:
    What purpose do these serve?

    Do they ever get published in the local rags?

    Has ANY "release" from this site actually generated a positive result?
    Releases don't get published, they get the press updated on controversial stories - many of our releases have generated news stories, and/or substantially improved the accuracy and spin of the coverage that was going to happen anyway.

    Take a look at the dozens of stories citing to OpenCarry.org on the "OCDO in thenews" thread.

    And those newspapers are not rags - politicians read them intently, incuding letters to the editor as a way of seeing which way the wind is blowing and which "side" of issues has the most initiative.

    Have you written any pro-Open carry letter to the editor in the last 30 days? If not, then start a-typin'!

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    Mike wrote:
    And those newspapers are not rags - politicians read them intently, incuding letters to the editor as a way of seeing which way the wind is blowing and which "side" of issues has the most initiative.

    Have you written any pro-Open carry letter to the editor in the last 30 days? If not, then start a-typin'!
    Speak of the devil - this just in from "google alert" -

    http://media.http://www.thetraveleronline.com/media/storage/paper688/news/2008/10/31/Opinion/Letters.To.The.Editor-3518739.shtml]http://www.thetraveleronline.com/media/storage/paper688/news/2008/10/31/Opinion/Letters.To.The.Editor-3518739.shtml]http://media.http://www.thetraveleronline.com/media/storage/paper688/news/2008/10/31/Opinion/Letters.To.The.Editor-3518739.shtml[/url]

    Issue date: 10/31/08 Section: Opinion


    Reform state gun laws

    There has been some discussion about changing the laws in Arkansas to allow open carry. This is a change that I completely agree with.

    The Second Amendment does not mean I can only carry concealed. It means I can carry, and unfortunately, that right has slowly eroded away. By allowing open carry the state would be restoring a right.

    Concealed carry vs. open carry isn't the only law that needs to be changed. The training requirement needs to be done away with, also. The Second Amendment doesn't read "the right of the people who are trained to keep and bear arms." Anyone who carries knows the cost it takes to get a concealed license - about $250 to $300, $144 to the state police and the rest pays for training. Then a wait of about six months to get the license.

    Some say, "So, what?" I say, what about the woman who has recently gone through a horrible relationship and the ex is stalking her and threatens her harm?

    "Excuse me, ex-boyfriend/husband/lover, could you wait six months before you harass me?"

    She, along with all other law-abiding citizens, should be able to carry at any time. What if she is having hard times and barely can afford to feed herself?

    Maybe she has children and can't afford to give up the $300 to get a license. What is she to do then when the crazy ex comes to do her harm? Call the police? When seconds count, the police are minutes away.

    The Arkansas gun laws need to be reformed, not just on open carry.

    Tim Huett
    Serving on active duty with the U.S Army's 3rd Infantry Division

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    Support The 2nd wrote:
    What purpose do these serve?

    Do they ever get published in the local rags?

    Has ANY "release" from this site actually generated a positive result?
    How about, "Thanks Mike for all you do to further our cause."

    If you ain't got nothin nice to say, keep your Godd@mn mouth shut.



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    While not proof positive of unique identities, Mike, try to catch both Pointman and Protect The 2nd 'online' simultaneously.

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