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Thread: Common sense from the Waukesha County Sheriff's Lt. James Gumm

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    Sheesh - looks like all the police departments in Wisconsin can read and understand the AG Opinion - save Milwaukee and its Chief Flynn who apparently is insisting on enforcing Massachussetts style gun control on thepeople of Wisconins even if their state constitutions forbids it!

    PS. Looks like somebody nees to remind the Lisbon council about preemption though.

    --

    http://www.livinglakecountry.com/sus.../43891112.html

    You can 'take your guns to town' (for now)

    Sussex, Lisbon might write new gun carry laws

    By KELLY SMITH


    Posted: Apr. 28, 2009

    Town of Lisbon – In 1958, country singer-songwriter Johnny Cash pleaded with a young, restless cowboy named Billy Joe: "Don't take your guns to town."

    Fifty years later, Waukesha County Sheriff's Lt. James Gumm says Billy Joe can bring his guns to Lisbon or Sussex, as long as he behaves himself.

    Gumm told Lisbon officials Monday that individuals can show up in town – and in Sussex, too – with openly displayed pistols in holsters.

    Lawmakers in both communities, however, may take steps to control the carrying of unconcealed fire arms.

    Gumm said he will discuss an ordinance that would regulate carrying guns on local government property with Sussex village trustees.

    He said communities can also adopt ordinances that enforce property owners' rights to prohibit carrying firearms on private property and in local businesses.

    Supervisor Dan Fischer said he might consider proposing such an ordinance.

    Newly elected Town Chairman Matt Gehrke said if Fischer, or anyone else, proposed such an ordinance, the board would consider it.

    Gumm said the sheriff's office is abiding by a recent advisory opinion by Wisconsin Attorney General J.B. Van Hollen, which says individuals, as long as they remain lawful and are not suspected of criminal activity, may carry unconcealed sidearms.

    "The state constitutional right to bear arms extends to openly carrying a hand gun for lawful purposes," Van Hollen wrote in an April 20 advisory memo.

    He argued that merely carrying a weapon did not constitute disorderly conduct or any other crime.

    The constitutional right does apply, however, to an individual who brandishes the gun in public or whose conduct would otherwise be considered criminal.

    Police officers may question an individual carrying a sidearm if they have reason to believe the individual might be, or has been, engaged in criminal activity, the attorney general wrote.

    The individual cannot be detained and does not have to cooperate, however, if the only reason he is being stopped or questioned is because he is carrying a sidearm, according to Van Hollen.

    Milwaukee Police Chief Ed Flynn has told his officers to ignore the advisory opinion, and if they see someone carrying a gun, "Put them on the ground, take the gun away, and then decide if the person has a right to carry it."

    During Monday night's Town Board meeting, Fischer asked Gumm if that would be the Waukesha County Sheriff's policy.

    "No," Gumm replied.

    He added, however, that a U.S. Supreme Court decision allows police officers to remove firearms from individuals under some circumstances in that manner.

    Since Lisbon and Sussex are not high crime communities with dangerous criminals prowling their streets, Gumm added, it should not be necessary for an officer to take a gun-toting citizen to ground, confiscate the weapon, and ask questions later.

    Officers will respond more aggressively, however, if they have reason to believe a crime is being committed.

    By the way, the restless cowboy who took his gun to town? He was shot dead by another cowboy who brought his gun to town.

  2. #2
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    Ed Flynn just might be out of a job ,come next election !

    Robin47

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    Robin47 wrote:
    Ed Flynn just might be out of a job ,come next election !

    Robin47
    He could be out of a job quicker than that , if the citizens were to get enough signatures on a petition and present it to the city, for the resignation of the Mayor, Chief of Police and other onerous city council members.

    If these people aren't going to respect the US 2A and the State Constitution and laws regarding firearms, what other rights enumerated in those constitutions will they violate under color of law?

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    Milwaukee Police Chief Ed Flynn is not an elected official, so the next election is a moot point. He was hired by the Fire and Police Commission, with a nod from the mayor.

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    WI Patriot wrote:
    Milwaukee Police Chief Ed Flynn is not an elected official, so the next election is a mute point...
    moot

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    When in danger you can dial 911 and hope for the police to arrive a few minutes later armed with guns.
    Why do police carry guns?

    The Joyce Foundation funded firearm control empire:
    http://upload.wikimedia.org/wikipedi...lFundingR1.png

    "Everything that we see is a shadow cast by that which we do not see." - Martin Luther King Jr.

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    WI Patriot wrote:
    Milwaukee Police Chief Ed Flynn is not an elected official, so the next election is a moot point. He was hired by the Fire and Police Commission, with a nod from the mayor.
    Then you ahve to go up the ladder to the ones that ARE elected that approve the hiring and firing of the non-elected, and get them voted out of office and replaced with people that WILL get rid of the Chief.

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    Flynn was just puffing for the media. His internal memo to his "troops" show is aware of constitutional rights, or at least the city attorney is.

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    Max wrote:
    Flynn was just puffing for the media. His internal memo to his "troops" show is aware of constitutional rights, or at least the city attorney is.
    I think it was Flynn's stupidity and lack of knowledge that led him to tell everyone he is going to have the department violate peoples rights

    And I am willing to wager a large amount of money that the city's attorneys or insurance providers made some panicked telephone calls to Flynn warning him that his televised tirade would put the city in a world of hurt legally and financially if followed, and they made him change his stance on instructing the officers ("Troops")to now follow the laws as seen in the PDF file someone linked to.

    We have Sussex and Salem doing the same thing, trying to create secondary laws that are already adressed in the state statutes. Are they trying to look tough? are they trying to impress the Anti's? Either way it is senseless chest-pounding and (As the late George Carlin put it) a bunch of dick-waving!



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    The Milwaukee Fire and Police Commission "Use of Force Statement." A stated purpose :


    Limit exposure of the City of Milwaukee to liability


    When in danger you can dial 911 and hope for the police to arrive a few minutes later armed with guns.
    Why do police carry guns?

    The Joyce Foundation funded firearm control empire:
    http://upload.wikimedia.org/wikipedi...lFundingR1.png

    "Everything that we see is a shadow cast by that which we do not see." - Martin Luther King Jr.

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    James Gumm?

    "It puts the lotion in the basket, or it gets the hose again!"

    :celebrate

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    I have yet to be stopped by an LEO in Waukesha Co after the AG's memo. I started OCing all the time two days after the memo and continue to this day. The uneventfulness of each trip is amazing. People just don't seem to care, they know that it is legal, or they simply don't notice (the "don't notice" category is higher than 80% IMO, especially when people are highly distracted at the grocery store).

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    Max wrote:
    Flynn was just puffing for the media. His internal memo to his "troops" show is aware of constitutional rights, or at least the city attorney is.
    Even if Flynn was just "puffing", his comments still showed how he really feels about laws he disagrees with. Not the kind of attitude most folks would want in a chief LEO. I hope the next time he has a press conference about anything, someone asks "Regarding your recent directive about proning out OCer's, did you really feel that was the appropriate action for your "troops" to take at the time?"

    He'll find some way to weasel out of answering, but even that will be quite telling. I don't like vindictiveness, but in a case like this, I enjoy seeing abusive public officials twisting in the wind a bit.:X

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    Dutch Uncle wrote:
    I don't like vindictiveness, but in a case like this, I enjoy seeing abusive public officials twisting in the wind a bit.:X
    CAreful Dutch, someone might misconstrue that statement as approval of lynchings.

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