smithman
Regular Member
imported post
Here is an exchange with the Waukesha City Chief of Police over email. I avoid talking to LEOs but figured this could have value to OC in the city here.
Chief Sharrock,
I am writing you on the issue of open carry of firearms. Under the Wisconsin constitution Article 1 Section 25, "The people have the right to keep and bear arms for security, defense, hunting, recreation, or any other lawful purpose." Also you are likely aware that concealed carry of a firearm is prohibited except for peace officers. Therefore, the only means to exercise one's right to bear arms is to carry a firearm openly. For instance, hunters use this right in order to hunt with firearms.
It is also likely that you are aware of the state firearm preemption law (chapter 66.0409) which prohibits municipalities from regulating the keeping, bearing, transportation, etc, of firearms in a manner which is more stringent than state law. This makes any local ordinances about bearing (carrying) firearms null and void. Therefore, state regulations against bearing arms in places such as government buildings, schools, and taverns apply statewide.
I wish to understand how your department deals with a lawfully armed citizen who is openly carrying for his or her own personal security. This is classified as a person who is legally carrying a handgun in a holster which is in plain view. It is important to note that criminals do not carry firearms in this manner. I can appreciate that "man with a gun" calls to police may be an unintended consequence of citizens bearing arms openly. I can also appreciate that any responding officers would approach the situation with caution. However, citizens have no other legal option in which to exercise their rights.
In the absence of illegal activity being perpetrated by the armed person who is open carrying a firearm in a non-prohibited area, how are officers trained to handle this situation? Obviously, this question is not a trap or a blank check for having every Waukesha citizen openly carrying for no good reason. I simply wish to understand...
Kindest Regards,
________________________________
Regarding open carry:
I am in my 43rd year of law enforcement and in my 30th year as a Chief of Police and have worked as a police officer in 3 different states, Calif., MN and WI. My position now is the same as it has always been. If it is permissible by law to carry a firearm openly or concealed then my job is to honor and enforce the laws of my community and state.
As to carrying a firearm openly I am always concerned as to any public and/or reaction by the public or members of my police department. As you can well understand, safety for our citizens and police officers is first and foremost. I don't think it takes a rocket scientist to understand one's reaction to someone carrying a firearm in the open and in public as it will certainly generate and cause a stir should someone walk into a bank, store, tavern or, just be walking down a public street while carrying such a weapon in the open.
A response by the police to a call generated by a member of the public or, by an individual observation by a police officer of someone carrying a firearm openly would naturally, be one of caution and of a safety concern of a potential threat. Should that happen, and a person is determined to be within the parameters of the law then there would be no reason for any enforcement action unless there is other accompanying circumstances to dictate otherwise.
[/b]It has been a RARE situation where, in my nearly 43 years of law enforcement that a situation such as someone carrying a handgun in a holster carried openly on a person's hip for example, and merely walking around in a public area has occurred. The few times I recall it happening has resulted in both, no enforcement being taken and, enforcement being taken. It depended on the total circumstances that presented itself.
Thank you for your inquiry.
Les Sharrock
Chief of Police
Waukesha Police Department
Here is an exchange with the Waukesha City Chief of Police over email. I avoid talking to LEOs but figured this could have value to OC in the city here.
Chief Sharrock,
I am writing you on the issue of open carry of firearms. Under the Wisconsin constitution Article 1 Section 25, "The people have the right to keep and bear arms for security, defense, hunting, recreation, or any other lawful purpose." Also you are likely aware that concealed carry of a firearm is prohibited except for peace officers. Therefore, the only means to exercise one's right to bear arms is to carry a firearm openly. For instance, hunters use this right in order to hunt with firearms.
It is also likely that you are aware of the state firearm preemption law (chapter 66.0409) which prohibits municipalities from regulating the keeping, bearing, transportation, etc, of firearms in a manner which is more stringent than state law. This makes any local ordinances about bearing (carrying) firearms null and void. Therefore, state regulations against bearing arms in places such as government buildings, schools, and taverns apply statewide.
I wish to understand how your department deals with a lawfully armed citizen who is openly carrying for his or her own personal security. This is classified as a person who is legally carrying a handgun in a holster which is in plain view. It is important to note that criminals do not carry firearms in this manner. I can appreciate that "man with a gun" calls to police may be an unintended consequence of citizens bearing arms openly. I can also appreciate that any responding officers would approach the situation with caution. However, citizens have no other legal option in which to exercise their rights.
In the absence of illegal activity being perpetrated by the armed person who is open carrying a firearm in a non-prohibited area, how are officers trained to handle this situation? Obviously, this question is not a trap or a blank check for having every Waukesha citizen openly carrying for no good reason. I simply wish to understand...
Kindest Regards,
________________________________
Regarding open carry:
I am in my 43rd year of law enforcement and in my 30th year as a Chief of Police and have worked as a police officer in 3 different states, Calif., MN and WI. My position now is the same as it has always been. If it is permissible by law to carry a firearm openly or concealed then my job is to honor and enforce the laws of my community and state.
As to carrying a firearm openly I am always concerned as to any public and/or reaction by the public or members of my police department. As you can well understand, safety for our citizens and police officers is first and foremost. I don't think it takes a rocket scientist to understand one's reaction to someone carrying a firearm in the open and in public as it will certainly generate and cause a stir should someone walk into a bank, store, tavern or, just be walking down a public street while carrying such a weapon in the open.
A response by the police to a call generated by a member of the public or, by an individual observation by a police officer of someone carrying a firearm openly would naturally, be one of caution and of a safety concern of a potential threat. Should that happen, and a person is determined to be within the parameters of the law then there would be no reason for any enforcement action unless there is other accompanying circumstances to dictate otherwise.
[/b]It has been a RARE situation where, in my nearly 43 years of law enforcement that a situation such as someone carrying a handgun in a holster carried openly on a person's hip for example, and merely walking around in a public area has occurred. The few times I recall it happening has resulted in both, no enforcement being taken and, enforcement being taken. It depended on the total circumstances that presented itself.
Thank you for your inquiry.
Les Sharrock
Chief of Police
Waukesha Police Department