Milwaukee chief to officers: Ignore gun memo

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In the La Crosse Tribune:

http://www.lacrossetribune.com/articles/2009/04/21/newsupdate/14milwgun.txt

Milwaukee’s police chief said today he’ll go on telling his officers to take down anyone with a firearm despite Attorney General J.B. Van Hollen’s finding that people can carry guns openly if they do it peacefully.

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.

Edit: I see Mike is on top of things and has already posted this article in the HOT TOPICS section.

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Absolutely UNbelievable. I'm copying this from the other thread in the hot topics section because I hope we can get it organized:

Who in the WORLD does Ed Flynn think he is? God? He doesn't make law. UN-believable. Even non-gun-supporters should be outraged by his statements. He's a ROGUE Police Chief ignorning the state and US constitution.

Cookout my ass. I say we open-carry protest RIGHT in front of his office. I know we can't go in the building, but outside is fair game? Can anyone confirm.

I can GUARANTEE we will have television reporters camera's rolling WAITING for us. The reporter I interviewed with yesterday gave me his cell number and told me to call him ANYTIME and specifically mentioned that if I know of people getting harrassed by police to call him.

Is anyone willing to participate in an open-carry protest in front of the building Mr Flynn has an office in?

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Make sure you know the locations of public and private schools in the area. Many private schools in Milwaukee operate in non-traditional buildings, such as storefronts, childcare centers, churches, office buildings, converted warehouses.

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Flipper wrote:

Make sure you know the locations of public and private schools in the area. Many private schools in Milwaukee operate in non-traditional buildings, such as storefronts, childcare centers, churches, office buildings, converted warehouses.

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I thought private schools weren't covered under the 1000' rule?

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MATC is right across the street for the downtown police station so make sure you stay far enough way

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Only K-12 count for the 1000' rule- also, there is no carry prohibition on college campuses in WI that I can find.

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Rick Finsta wrote:

Only K-12 count for the 1000' rule- also, there is no carry prohibition on college campuses in WI that I can find.

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I was about to say, when I was looking at the State Statues last night, I didn't find anything about college campuses. Would be very interesting should they pass some kind of CCW law and not include anything about colleges...

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so how many emails have been sent to this idiot chief?

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I say we all print up a page from the constitution that defines illegal search and siezure and mail that to the big chief.

Doug, can you cite the applicable sections? If you email it to me I can make a printable pdf or if we could post a link on here to the pdf and people could print one up and mail it in.

The Chief of Police's Mailing Address:

Chief Edward Flynn

Milwaukee Police Department

749 W. State St

Milwaukee, WI 53233

here is a link to complaint forms for the MIlwaukee police and fire commission (they hire/fire the chief). If anyone is harrased/detained for lawfully open carrying by MPD please print of this form and file

http://www.milwaukee.gov/ImageLibrary/Groups/cityFPC/OnlineForms/Complaint_form_409.pdf

Here is a link to a brochure on the complaint pricess.

http://www.milwaukee.gov/ImageLibrary/User/jkamme/FirePoliceComm/Complaint_Brochure.pdf

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His email address isn't too hard to guess, and it can be easily confirmed with an Email Validator (Google it), but I'd rather not be the one to give it out as it's not exactly "pubicly disclosed."

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Can Flynn be held personally liable for his decision? IANAL, but I grabbed this off the net:

"Consequently, where the conduct in question does transgress a constitutional right, qualified immunity can give way to personal liability if the government official, administrator, or employee acted in bad faith, or knew, or should have known, that the action would violate the aggrieved party’s clearly established constitutional rights, regardless of the government actor’s good faith."

Can anyone confirm or deny that this is the case?

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Here's another article... http://www.wisn.com/news/19245377/detail.html

I think a few legally carrying people with attorneys and cameras present would make for a pretty big lawsuit. This *$%@"!#Chief needs to be fired ASAP!

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Here's another article... http://www.wisn.com/news/19245377/detail.html

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Thats Brad! Hell Yeah, Bravo Brad!!!!!!!!!!!!!!

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The official memo concerning open carry from WI DOJ http://www.doj.state.wi.us/news/files/FinalOpenCarryMemo.pdf

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JB Van Hollen responded to Flynn's outrageous remarks:

http://www.wisn.com/politics/19253473/detail.html

While state law says residents have the right to openly carry firearms, Chief Ed Flynn said anyone caught carrying a gun in Milwaukee should expect to draw the full attention of police.

Flynn said his officers will not be assuming anyone with a gun has a right to it. They will assume -- for the sake of safety -- that the person is acting illegally until proven otherwise.

Despite Attorney General J.B. Van Hollen's recent memo , Flynn has promised his officers will act no differently when approaching someone with a gun.

"I'm not going to tell my officers assume that the weapon openly carried is being done so in compliance with the law. No. Assume you're dealing with someone who is a danger to yourself and the community, and they will have to prove otherwise," Flynn said.

Despite Flynn's directive to detain anyone with a gun, Van Hollen told 12 News that police don't appear to have the legal grounds to do so.

"I would also hope that they wouldn't question people just because they have a firearm. The law is quite clear that they're entitled to carry that. I certainly know our law enforcement officers have better things to do than categorically question people who they don't suspect of any wrongdoing," Van Hollen said.

Nonetheless, Flynn said he has an obligation to protect the community from people carrying weapons. Consequently, people planning to openly carry in Milwaukee should expect to be stopped by police.

"I'm talking about guys who theoretically don't have a criminal record but are members of organized gangs carrying an AK. Are you telling me I shouldn't confront and talk to that person?" Flynn said.

Flynn has the support of Mayor Tom Barrett, who said there should be exceptions for densely populated urban areas.

"There's a fundamental difference between carrying gun in Vilas County on your own land and carrying an AK-47 or Uzi to watch the Circus Parade in Milwaukee," Barrett said.

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Even when the AG says that Police are going beyond the law, Flynn and Barrett won't hear a word of it.

Why do we have a Mayor and Police Chief in Milwaukee who don't pay attention to the law, regardless of what they feel about it?

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why do they seem to think we are all going to be carrying uzis and ak's?

i personally find and ak stuffed in my belt hard to control and not very comfortable..

i believe that if you are carrying an ak down the middle of the street maybe you should be talked too.. for one.. try the sidewalk! its safer that way..

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This is a copy of the email I sent this morning to Mayor Barrett and every Milwaukee alderperson. Unfortunately Chief Flynn does not have an email address published. So far I have email receipts that indicate the mayor and six alderpersons have read the email.



Dear alderperson:




I read with astonished disbelief the comments mayor Barrett and chief of police Flynn made following the release of the attorney general memorandum affirming the constitutional right of law abiding citizens of Wisconsin to openly carry firearms. The Mayor's presumption that because of the memorandum people will run out and buy uzi's and walk down main street is absurd. People aren't allowed to have fully automatic weapons without a special federal license. Chief Flynn's comment that his “troops” will be ordered to disregard the AG's memo is equally absurd. What happened to the term peace officer and does chief Flynn own the gestapo, pardon me, troops? Or do the peace officers belong to the people of Milwaukee and is Milwaukee ruled by police power or the rule of law?




The AG memorandum only affirms that the people of Wisconsin have a constitutional right to openly carry firearms. A right that has been made loud and clear with the addition of Article I section 25 to the state constitution in 1998. The memorandum also advises that if a person does choose to exercise his/her constitutional right to open carry firearms he/she should not be charged with disorderly conduct for doing so, unless other circumstances dictate that the person was in fact acting disorderly. That's all the memorandum does.




The reaction of Mayor Barrett and Chief Flynn that, because of the release of the memorandum, the streets of Milwaukee will magically be transformed into a mob of gun toting, cop killing, thugs with no regard for human life is ridiculous. Law abiding citizens, the ones to whom the memorandum pertains, are just that, law abiding. Citizens that are just interested in going on with their normal daily activities with malice toward none. They are not going to be transformed into a bunch of gun wearing gunslingers just because of the memorandum. I think the Mayor and Chief of Police owe an apology to the people of Wisconsin and especially the people of Milwaukee for insinuating that they are a bunch of dim witted, irresponsible, pseudo criminals




The memorandum means nothing to criminals. In fact the criminals more than likely wish it had never been released. Now their targets become more difficult. They have no respect for constitutional rights or laws. That's why they are called criminals.




Statement being made that “now the cops will have no idea if the person wearing a gun is a “good” guy or a “bad” guy” is so stupid it hardly deserves comment. The “bad” guys are not about to walk around the streets of Milwaukee with an exposed firearm. They don't want to draw any attention from law enforcement. They go to extra steps to make sure any firearm they carry is concealed. They are fully aware that because they are in most cases felons and are caught with a firearm they are automatically guilty of being a felon in possession of a firearm. To think that because of the AG memorandum they will all of a sudden start wearing their guns on their hips is laughable.




As an alderperson I would think you would be concerned with the possible financial and legal jeopardy the Mayor's and Chief's irresponsible comments have put the City of Milwaukee in. Can you imagine the problems that would erupt if one of Chief Flynn's “troops” were to throw to the ground and cuff a person and in the process injure the person? Injure the person for doing nothing more than peacefully carrying a visible firearm in exercise of their constitutional rights. Better get the checkbook ready.

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So is this clown ripping on the fine residents of Vilas County now too?

I take great offense tohis statements, What is a constitutionally guaranteed right in Vilas county is also a guaranteedright in every other county in the Great State of Wisconsin, Including Milwaukee County!

Flynn and Barret, YOU ARE NOT ABOVE THE LAW!

Up herein Vilas County Icarry for defense against large animals that may attack in defense of their area and or offspring, and just because I can.
In Milwaukee, I will carry to defend myself against the people that see me as a target to rob, kill, or injure. I see more of a need to carry in Milwaukee because of thecitizens that act like wild animals defending "Their Turf" than I feel I may be attacked by a bear, wolf or rabid dog in this area of the state.

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agreed. Why do Doyle, Flynn, and Barrett want to discriminate against milwaukee visitors and residents? Why do Flynn and Barrett, "rulers" of the most dangerous county in the state want to deny law-abiding citizens their rights?