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Neenah PD take on OC.

Zeus

Regular Member
Joined
Jan 1, 2011
Messages
194
Location
Neenah
I just wanted to post this info because I thought some folks might find it interesting/useful. I know some of you will piss and moan about the fact that you don't need to ask the police permission to OC etc.. I get it, but there's a new police chief here so I wanted to know how they handle these situations and how much experience their officers have with this . So, here's the email I received back, take it or leave it.

Good Morning,

Great Question...

As you know, the 2nd Amendment gives every citizen the right to "Bear
Arms." Consequently, in the state of Wisconsin we have an "Open Carry"
law, rather than a "Concealed Carry" as some states do. So what does this
mean for you?

As long as you meet certain criteria, you are allowed to openly carry a
firearm in the City of Neenah.

First, the key word is "open", as the firearm cannot be concealed in any
manner (under a jacket, in your waist band etc.).

Second, there are certain buildings and businesses where firearms are not
allowed, openly carried or not.

Government buildings, within 1000 feet of a school, bars and liquor stores
and/or any private business that posts that firearms are not allowed or
asks a person to leave carrying a firearm. Private businesses are within
their rights to ask someone to leave their business for any reason at any
time, including possessing a firearm. If the individual carrying the
firearm refuses to leave the business, the police may get called to assist.

Third, a citizen of Wisconsin may not carry an open firearm if they are a
convicted felon.

So, how are our police officers handling these situations?

If we receive a call that an individual is walking along the street with a
handgun holstered (because many citizens are unaware of this right, and
therefore get scared and call the police), we may make contact with the
individual with the handgun or we may not. It really depends on the
totality of the circumstances (time of day, knowledge of recent crime in
the area, conduct of the individual etc.) If the officer makes contact
with the individual, the officer will most likely identify that they see a
weapon is being openly carried, and advise the person to refrain from
placing their hand on the weapon during the contact. The officer will ask
for identification from the individual and try to determine why they are
carrying the handgun. if the officer is able to determine that no laws are
being broken (as stated above), the individual will go about their
business. This will be done in a very non-threatening and professional
manner, but until an officer is able to determine the circumstances they
are faced with, their safety comes first. Officers WILL NOT be detaining
these individuals at gun point, unless a direct threat to the officer's
safety is observed.

Bottom line is, if the individual is simply exercising their right to carry
their handgun, as Wisconsin law allows, and is following all laws
pertaining to Open Carry, there would not be any problem. We as a
department have had a few calls about individuals carrying handguns in
public, and there have been no problems. However, it sounds as though you
can appreciate how this makes our jobs a bit more difficult, as we consider
our safety as well as the public's safety.

Thanks for the question!

Officer Cory M McKone
Crime Prevention Coordinator
Neenah Police Department
2111 Marathon Ave
Neenah, WI 54956
Phone: 886-6022
e-mail: cmckone@ci.neenah.wi.us
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
I just wanted to post this info because I thought some folks might find it interesting/useful. I know some of you will piss and moan about the fact that you don't need to ask the police permission to OC etc.. I get it, but there's a new police chief here so I wanted to know how they handle these situations and how much experience their officers have with this . So, here's the email I received back, take it or leave it.

I don't like any of their response. They can ask for ID all day, but they really can't demand if just for OC, nor can they run your serial number, etc.

The tone of the letter say they can and will do those things if they choose to.
 

Mlutz

Regular Member
Joined
Feb 26, 2010
Messages
758
Location
, ,
He stated you cannot carry in a "liquor store" I must have missed that statute. Also, "totality of the circumstances"... Where have I heard this before...?
 

hardballer

Regular Member
Joined
Jul 16, 2009
Messages
925
Location
West Coast of Wisconsin
He is wrooooooong about not being able to carry in a liquor store. What else is he wrong about? Totality of circumstances? Good, I just hope they detain and arrest and hold an individual for open carrying. For not providing ID. Against their will. These clowns need to read the f'n law.
 

Zeus

Regular Member
Joined
Jan 1, 2011
Messages
194
Location
Neenah
I was wondering about the liquor store comment as well. To my knowledge that is not correct. Thanks for your feedback.
 

BrewTownBagger

Regular Member
Joined
Dec 30, 2010
Messages
150
Location
Wauwatosa
I have also had a similiar response with the Wauwatosa Police Department. I had a contact with a leo form Tosa and asked her what the position of the department was on oc'ing in the city and she referred me to another officer that was handling the training and protocol for the department

I contacted that officer and had a very pleasant conversation. One of the major points of the conversation was the fact that they have trained their dispatchers on how to handle oc'ing calls. The dispatchers are trained to ask questions about any gun calls that come in and to inform the public that open carry by itself is legal in Wisconsin.

All in all we had a good conversation, he was well versed on the laws and even stated I didnt need to show ID if I was stopped but it would help ease the situation and relax the officers if I did. He also stated if any officer was to make me get face down in the dirt that he would be the first one to apologize and would pay for any drycleaning if need be.(my concern was the fact that I dress nice and if the cops were going to be aggressive, I wanted to know ahead of time what I could expact)

He did state though that there are some officers and supervisors who are not happy with people oc'ing in the city. Oh well, I Have carried all over this city and have yet to be hassled by the police. :D
 

phred

Regular Member
Joined
Mar 14, 2010
Messages
768
Location
North Central Wisconsin, ,
I just wanted to post this info because I thought some folks might find it interesting/useful. I know some of you will piss and moan about the fact that you don't need to ask the police permission to OC etc.. I get it, but there's a new police chief here so I wanted to know how they handle these situations and how much experience their officers have with this . So, here's the email I received back, take it or leave it.

To me there is nothing wrong with checking out the "territory" before you "enter it". I also checked with a few Chiefs of Police in my area before I got "into it". Understanding the situation is not asking for permission. Other than the liquor store blunder, the letter is polite and educational which is what you hoped for. Now you know.

We can gripe all we want about giving ID, but the bottom line is, put yourself in their shoes with their job. We have a chance to be educational ambassadors. Let's use it. On the other hand if they want to be bullies (as in some cities), let them pay (SSSS) for the "privilege".

my $.02 worth
 

duckdog

Regular Member
Joined
Nov 6, 2009
Messages
68
Location
Northern Wisconsin, USA
I can't say would send a letter asking about a policy that is already defined, but I also do not see anything wrong with the response that was posted from the Neenah Pd. I think officer was trying to be cordial and polite and I would leave it at that. Where I'm from, seeing someone with a gun is nothing out of the ordinary, but maybe in the more populated areas, it is an issue. I guess I can't say.

I personally think our biggest issues will be, and probably already are, with our beloved DNR. I would love to see a response from them like the one that the Neenah PD gave, if asked their stance on open carry. I don't think it would be worded the same.
 
M

McX

Guest
kind words are nice, but they can also be orchestrated as they might have thought you would post their response in a public forum. their actions will speak louder than their words.
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
He stated you cannot carry in a "liquor store" I must have missed that statute. Also, "totality of the circumstances"... Where have I heard this before...?
These were some things that stood out for me as well.
 

theoicarry

Regular Member
Joined
Oct 19, 2010
Messages
178
Location
baraboo, wisconsin
I had been in contact with the Lake Delton LEO about Oc in the Tanager Mall, and was told, I could be cited for a (misdemeanor) or however you spell it. If there is No sign and no one asks you to leave, what violation is there?
 
M

McX

Guest
I had been in contact with the Lake Delton LEO about Oc in the Tanager Mall, and was told, I could be cited for a (misdemeanor) or however you spell it. If there is No sign and no one asks you to leave, what violation is there?

time to join Wisconsin Carry! and also...............dont talk to the cops!
 

comp45acp

Regular Member
Joined
Nov 20, 2006
Messages
383
Location
Watertown, WI, ,
I had been in contact with the Lake Delton LEO about Oc in the Tanager Mall, and was told, I could be cited for a (misdemeanor) or however you spell it. If there is No sign and no one asks you to leave, what violation is there?

There is no violation. The LEO is trying to intimidate you into not carrying.
 

xd40 neenah

Regular Member
Joined
Dec 17, 2010
Messages
50
Location
Neenah, WI
I will say that I have carried now (once in Walmart) in Neenah and will again much in the next few days. I too had 'felt out the water' in Neenah before OCing for the first time and got a similar response when I went to the station in person to inquire.

And I must have missed something but what is it about "totality of circumstances"? And what exactly is the law about alcohol and establishments? I could not locate a specific statute. Thanks
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
I will say that I have carried now (once in Walmart) in Neenah and will again much in the next few days. I too had 'felt out the water' in Neenah before OCing for the first time and got a similar response when I went to the station in person to inquire.

And I must have missed something but what is it about "totality of circumstances"? And what exactly is the law about alcohol and establishments? I could not locate a specific statute. Thanks
941.237, you cannot carry in places that serve alcohol for consumption (class B liquor license) unless you have permission from the owner/manager for the time you will be there.
 

Mlutz

Regular Member
Joined
Feb 26, 2010
Messages
758
Location
, ,
He also missed cars and state parks... So... You can carry in your car if you are not "1000 feet from a school" (he said from the school, not from the edge of school grounds) I know I'm splitting hairs, but still...
 

Cobbersmom

Regular Member
Joined
Nov 19, 2008
Messages
179
Location
Minocqua, Wisconsin, ,
I just wanted to post this info because I thought some folks might find it interesting/useful. I know some of you will piss and moan about the fact that you don't need to ask the police permission to OC etc.. I get it, but there's a new police chief here so I wanted to know how they handle these situations and how much experience their officers have with this . So, here's the email I received back, take it or leave it.

There's a big difference between asking permission and asking what an agency's policy is. I always appreciate when there is a post like yours. It gives us a heads up on the attitudes that are out there by law enforcement around the state and what to expect should we be in that area.
A few years ago, I had the opportunity to ask an individual officer (Vilas Co.)how he would react to an open carrier (this was b4 JB's memo). He was argumentative, intimidating and would not tolerate anyone oc'ing. In the meantime I got to speak to his former boss and the newly elected one and they both claimed they had no problems with someone carrying legally.
On another note, last year I was listening to the scanner and heard a call of a MWAG behind the gas station in the Rhinelander parking lot at Walmart. The dispatcher sounded like she asked the correct questions of the caller because she relayed that two guys appeared to be looking at it. Of course two or three units arrived quickly. The guys were arranging a private sale in a public place and that was that.
Thanks for your post.
 

Landose_theghost

Regular Member
Joined
May 17, 2009
Messages
512
Location
Green Bay, Wisconsin, USA
"This will be done in a very non-threatening and professional
manner, but until an officer is able to determine the circumstances they
are faced with, their safety comes first"

According to whom may I ask, Mr. Officer?

-Landose-
 
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