imported post
Can we get a legal opinion on this?
Specifically, #4. The officer may demand the person's name and address and explanation of his/her conduct. However, if the person refuses to identify him/herself or answer questions, and there is no further information or facts which could lead the officer to "probable cause," the officer must allow the person to go on his/her way. Refusal to answer an officer's questions in itself is not "obstructing an officer."
So, if the LEO asks my name, etc. and I refuse to give it, they'll just let me go? Anyone buy that for a dollar?
Next, "If the person stopped is in possession of an openly carried firearm, the firearm shall be taken from the person and secured until the field interview has concluded."
So will I have to remove my firearm from its holster while I'm being detained and questioned"? Isn't that unsafe? How will the LEO secure it? Tuck it in his belt? Or do I need to remove my belt so as to remove my entire holster?
As I am sure all of you do, I take the handling of any firearm with the utmost caution and safety. As a former LEO (military), I have spent many hours on the range and teaching others about firearms safety and shooting. Or will the LEO use the old movie cliche, "Put the gun on the ground and kick it over here...." Any LEO taking firearms from holsters to "secure it" is screaming for an A-D.
This next one may be my favorite, "If citizens are calling and are disturbed by someone carrying a firearm, probable cause may exist to make an arrest for disorderly conduct or order-in of the subject. A seizure of the weapon as evidence would also then be necessary."
I can just imagine how it will be:
LEO: I'm sorry sir, but an anonymous citizen called about you exercising your rights. They were disturbed by this, so you are under arrest for disorderly conduct"
WI Patriot: With so many disturbed people in Milwaukee, how can you tell?
LEO: Don't be a wise guy, sir. Just get on the ground before I and my fellow troops take you down.
WI Patriot: Didn't you guys read the AG memo?
LEO: Sure, but our boss said, "While this advisory memorandum is influential, it does not carry the weight of Wisconsin Statutes or Court precedence." So we're pretty much blowing that memo off, and we're making it up as we go.........
Milwaukee: It's a Brave New World.
Molon Labe!!!!!!