Madison – Openly carrying a gun on the street or in a store will attract plenty of attention, particularly from police, but is perfectly legal, according to an advisory issued Monday by state Attorney General J.B. Van Hollen.
His memorandum to prosecutors says the mere act of having a gun does not warrant a charge of disorderly conduct, a position that pro-gun advocates have argued in several recent legal cases.
Download the DOJ Memorandum
However, packing a sidearm is still likely to give police justification to ask the armed citizen a few questions, Van Hollen said.
“Whereas I don't expect police would ask somebody additional questions just because they are openly carrying a firearm, they shouldn't be immune from questions either,” he said in a telephone interview. “It tends to lead to more inquisitiveness by law enforcement, and that's where their discretion has to enter into it.”
Reacting to the memo, Milwaukee Police Chief Edward Flynn said he would advise his officers to question anyone out in public with a gun.
“If my officers see someone walking around the City of Milwaukee with a firearm openly displayed, it borders on irresponsible if I were to communicate to members of my community that they can carry that firearm with impunity,” Flynn said. Read More
Source: Milwaukee Journal Sentinel