Mike
Site Co-Founder
imported post
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.
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http://www.livinglakecountry.com/sussexsun/news/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.
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/sussexsun/news/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.