I have read the story on the Culver's incident in Madison and the MPD memo to the MPD leos on how to arrest OC persons. They are disregarding the 2009 Advisory Memo by Van Hollen. In fact MPD has interpreted the DC statute to mean that even if persons are not causing a DC, the mere presence of a firearm rattling nerves constitutes a DC. Please read the footnotes in the Advisory Memo. It is not a FORMAL OPINION. Thus it doesn't carry any weight in my view. It is a two sided memo saying: Yes you can OC but you can't. I e mailed senator Grothman an e mail to Van Hollen stating that I was dissapointed with his memo. I don't think I'll receive a reply. Here is my e mail to Van Hollen: Dear Attorney General Van Hollen:
I just finished reading your 2009 Advisory Memo to all Wisconsin DAs in clarifying the disorderly conduct statute regarding open carry as enumerated inArticle 1 Sec 25. It is understandable that there is a general mistrust between law enforcement, local governments and citizens as to their constitutional rights, and you have taken a step in educating us and local prosecutors and law enforcements that Wisconsinites do have a right to keep and bear arms. Former governor Doyle in vetoing conceal to carry bill said: "If you want to carry a gun in Wisconsin, wear it on your hip."
I was deeply disappointed that in your memo under notation number 2) you stated that "This Informal Advisory memorandum does not constitute a formal opinion of the Wisconsin Attorney General or the Wis DOJ under statute 165.015(1). Yet the statute states: 1) Give opinion to officers. Give his or her opinion in writing, when required, without fee, upon all questions of law submitted to him or her by the legislature, either house thereof or the senate or assembly committee on organization, or by the head of any department of state government.
So In my view, you seem to be speaking out of both sides: "Yes you can open carry, but you can't." This also seems to mean that local law enforcement will arrest you and charge you with a disorderly conduct even if I was not violent, abusive, indecent, profane, boisterous, unreasonably loud etc. only because the mere presence of the gun caused mass hysteria. As a law abiding citizen, I am deeply disappointed. I hope you do reply to my concern.
I hope that the Wi Carry lawsuit stemming from the Culver's incident will create a formal opinion by the court or Van Hollen. If not, this has to go to the WI supreme court. In the meanwhile leos, DAs county sheriff's deputies will continue to accost us. I am aware of our constitutional rights but I am also aware that the law enforcement world in general refuses to recognize our right and many of us will end up with fines and court costs. I guess I don't mind a membership fee for WI Carry so that a fund can be created to defend it's members and get lobbysts to get the legislature to get on our side. Any advice on this issue???
Ummmmm...... Act 35 has now made that memo law. A little late to write JB.