Motofixxer
Regular Member
This is a Sheriff's Office Memo regarding Open Carrying. It seems they are trying to make policy clear.
TO: Field Services Staff
FROM: Capt. Jeff Hook
REF: Open Carry
With the increased publicity of the “Open Carry” Law and a high probability for persons to exercise this right, it is necessary to outline the Dane County Sheriff’s Office response to these incidents.
It is the responsibility of the Dane County Sheriff’s Office to:
Preserve and protect public safety.
Investigate and determine whether a crime has been committed or is about to be committed.
Protect the constitutional rights of those involved.
It is difficult to balance all three of these responsibilities when it comes to resolving incidents involving the “Open Carry” Law.
When determining whether to charge or cite someone who is openly carrying a firearm, there must be additional facts and circumstances present to substantiate a charge. Most statutes regarding firearms clearly define the combination of conduct and circumstances that limit the right to possess firearms. They are as follows:
Endangering Safety by Use of a Firearm (Wis. Stat. 941.20)
Carrying a Concealed Weapon (Wis. Stat. 941.23)
Carrying Firearms in a Public Building (Wis. Stat. 941.235)
Carrying a Firearm Where Alcoholic Beverages are Sold or Consumed (Wis. Stat. 941.237)
Possession of a Firearm by a Juvenile (Wis. Stat. 948.60)
Possession of a Firearm in a School Zone (Wis. Stat. 948.605)
Felon in Possession of a Firearm (Wis. Stat. 941.29)
Safe Use and Transportation of a Firearm (Wis. Stat. 167.31)
However, when applying Disorderly Conduct (947.01) to an “Open Carry” incident there is no clearly defined rule or standard. Wisconsin Attorney General J.B. Van Hollen stated in a memorandum to Wisconsin District Attorneys regarding the “Open Carry” Law, Article I, 25 of the Wisconsin Constitution, “The Wisconsin Department of Justice believes that mere open carry of a firearm, absent additional facts and circumstances, should not result in a disorderly conduct charge.” It is impossible to specify every circumstance or conduct that would be considered disorderly. In cases of persons openly carrying a firearm, they must also engage in “violent, abusive, indecent, profane, boisterous, unreasonably loud, or similar conduct” and the conduct “occurred under circumstances where such conduct tends to cause or provoke a disturbance”.
While conducting an investigation, a deputy may stop and identify a person openly carrying a firearm in public for investigative purposes. Without “reasonable suspicion” of criminal activity based on articulable facts, the contact must be voluntary and consensual. Therefore, the subject can refuse to answer questions or identify themselves. However, if during contact with a person openly carrying “reasonable suspicion” is developed, the deputy may detain and demand answers to questions and identification (Terry stop). Reasonable suspicion is based upon the totality of the circumstances, including any information known to the officer and any reasonable inferences that can be drawn from the persons conduct at the time of the stop, that criminal activity has just taken place or is about to take place.
It is also important to note, businesses or owners of privately owned property can determine open carrying of a firearm is not permitted on their premises. The notification can be done by posting signs or verbally informing individuals of the policy.
Therefore, it is not the position of the Dane County Sheriff’s Office to automatically cite or arrest someone when legally exercising their constitutional right to openly carry a firearm. There must be additional facts, conduct, and circumstances to justify enforcement action. In addition, contact must be voluntary with persons openly carrying a firearm unless there is “reasonable suspicion” of criminal activity.
To read the Attorney General’s memorandum go to http://www.doj.state.wi.us/news/files/FinalOpenCarryMemo.pdf or read the discussions at http://www.wilenet.org/
TO: Field Services Staff
FROM: Capt. Jeff Hook
REF: Open Carry
With the increased publicity of the “Open Carry” Law and a high probability for persons to exercise this right, it is necessary to outline the Dane County Sheriff’s Office response to these incidents.
It is the responsibility of the Dane County Sheriff’s Office to:
Preserve and protect public safety.
Investigate and determine whether a crime has been committed or is about to be committed.
Protect the constitutional rights of those involved.
It is difficult to balance all three of these responsibilities when it comes to resolving incidents involving the “Open Carry” Law.
When determining whether to charge or cite someone who is openly carrying a firearm, there must be additional facts and circumstances present to substantiate a charge. Most statutes regarding firearms clearly define the combination of conduct and circumstances that limit the right to possess firearms. They are as follows:
Endangering Safety by Use of a Firearm (Wis. Stat. 941.20)
Carrying a Concealed Weapon (Wis. Stat. 941.23)
Carrying Firearms in a Public Building (Wis. Stat. 941.235)
Carrying a Firearm Where Alcoholic Beverages are Sold or Consumed (Wis. Stat. 941.237)
Possession of a Firearm by a Juvenile (Wis. Stat. 948.60)
Possession of a Firearm in a School Zone (Wis. Stat. 948.605)
Felon in Possession of a Firearm (Wis. Stat. 941.29)
Safe Use and Transportation of a Firearm (Wis. Stat. 167.31)
However, when applying Disorderly Conduct (947.01) to an “Open Carry” incident there is no clearly defined rule or standard. Wisconsin Attorney General J.B. Van Hollen stated in a memorandum to Wisconsin District Attorneys regarding the “Open Carry” Law, Article I, 25 of the Wisconsin Constitution, “The Wisconsin Department of Justice believes that mere open carry of a firearm, absent additional facts and circumstances, should not result in a disorderly conduct charge.” It is impossible to specify every circumstance or conduct that would be considered disorderly. In cases of persons openly carrying a firearm, they must also engage in “violent, abusive, indecent, profane, boisterous, unreasonably loud, or similar conduct” and the conduct “occurred under circumstances where such conduct tends to cause or provoke a disturbance”.
While conducting an investigation, a deputy may stop and identify a person openly carrying a firearm in public for investigative purposes. Without “reasonable suspicion” of criminal activity based on articulable facts, the contact must be voluntary and consensual. Therefore, the subject can refuse to answer questions or identify themselves. However, if during contact with a person openly carrying “reasonable suspicion” is developed, the deputy may detain and demand answers to questions and identification (Terry stop). Reasonable suspicion is based upon the totality of the circumstances, including any information known to the officer and any reasonable inferences that can be drawn from the persons conduct at the time of the stop, that criminal activity has just taken place or is about to take place.
It is also important to note, businesses or owners of privately owned property can determine open carrying of a firearm is not permitted on their premises. The notification can be done by posting signs or verbally informing individuals of the policy.
Therefore, it is not the position of the Dane County Sheriff’s Office to automatically cite or arrest someone when legally exercising their constitutional right to openly carry a firearm. There must be additional facts, conduct, and circumstances to justify enforcement action. In addition, contact must be voluntary with persons openly carrying a firearm unless there is “reasonable suspicion” of criminal activity.
To read the Attorney General’s memorandum go to http://www.doj.state.wi.us/news/files/FinalOpenCarryMemo.pdf or read the discussions at http://www.wilenet.org/