A 90 PROOF, .38 CALIBER TOAST TO VAN HOLLEN'S OPEN CARRY MEMO

Attorney General J. B. Van Hollen

Don't Bark Out Loud When Carrying Gun on Crowded Street

Special to the Readers of Milwaukeeworld.com

By Michael Horne

And the Milwaukee World Hound Dog Team

Attorney General J. B. Van Hollen issued an Advisory Memorandum opining that the mere carrying of an unconcealed weapon may not lead, in itself, to the issuance of disorderly conduct charges.
Oh, goody.
"It is not unlawful, barring other facts and circumstances, to openly carry a firearm in Wisconsin," Van Hollen wrote in the opinion issued yesterday, Monday, April 20th, 2009 [pdf].
According to a misspelled press release from the AG's office entitled, "Attorney General J.B. Van Hollen releases advice to District Attorney's (sic) regarding open carry and disorderly conduct,"

• "This is offered as guidance to Wisconsin's prosecutors when making charging decisions.
  
• It will also assist Wisconsin law enforcement in the exercise of their duty to keep the peace, protect rights and enforce the law."

Before you get too excited about this opinion, you might as well keep your holster at home, since it is merely an informal advisory, as a footnote shows:

• " This informal Advisory Memorandum does not constitute a formal opinion of the Wisconsin Attorney General or the Wisconsin Department of Justice under Wis. Stat. § 165.015(1). The Department offers this Advisory Memorandum for educational and informational purposes only. It does not prevent the Attorney General, the Wisconsin Department of Justice, or any Wisconsin district attorney, special prosecutor or municipal prosecutor from bringing any particular charge or making any particular argument in the course of litigation." [Emphasis added.--Ed.]

The Attorney General provides some handy guidelines of how one's conduct might limit one's Constitutional right to tote a piece:

• "For example, a hunter openly carrying a rifle or shotgun on his property during hunting season while quietly tracking game should not face a disorderly conduct charge. But if the same hunter carries the same rifle or shotgun through a crowded street while barking at a passerby, the conduct may lose its constitutional protection." [Emphasis added.--Ed.]
  

Furthermore, he comforts us, existing laws regarding transportation of firearms, the prohibition of carrying weapons into places where intoxicating beverages are sold, etc. remain in place.

Van Hollen also provides this assurance to law enforcement personnel who now face the delicate business of confronting openly armed citizens on the street. Would it be okay for them to question folks carrying guns?

• "several law enforcement agencies have asked whether, in light of Article I, § 25, they may stop a person openly carrying a firearm in public to investigate possible criminal activity, including disorderly conduct. We say yes."

However, one element of the law still seems to beg for interpretation. It might take a couple of test cases and a few manslaughters before the courts can determine the maximum permitted blood alcohol content for unconcealed carrying of firearms.

Let's use the same standard as applies to the operation of a motor vehicle: .08%. Most of us, unarmed or not, can still control our tempers at that level, and we are good shots (gun) after for or five shots (gin).

Dance!