Van Hollen's Office Weighs In On Openly Carrying Guns
Attorney General Issues Opinion To District Attorneys
Updated: 1:16 pm CDT April 21, 2009
MADISON, Wis. -- Wisconsin's attorney general is weighing in on the debate about when it's legal to openly carry a firearm in the state.
VIDEO: Watch The ReportJ.B. Van Hollen's office issued an opinion on the question to district attorneys around the state on Monday. He said the interpretation put forward by his office isn't controversial, but simply a reminder.The opinion makes clear that open carry, or holstered carry of a firearm, is very legal and shouldn't automatically bring a disorderly conduct charge."When you have people who believed that openly carrying a firearm in and of itself, was disordered conduct, we wanted to clarify that certainly was not," Van Hollen said. "Otherwise, for instance, hunting would be clearly prohibited because you certainly can't do that without carrying a firearm."The opinion was issued at the request of several district attorneys, he said.In the opinion, Van Hollen highlights a case in West Allis where a man doing yard work on his property was cited for disorderly conduct for having a holstered weapon. He was ultimately acquitted.It's important to acknowledge though, Van Hollen said, that no law has changed."For instance, it is illegal to carry an uncased firearm in a motor vehicle. Well, that is still illegal. Nothing has changed that. It has been found to be an appropriate prohibition," he said.It is legal for a police officer to stop someone openly carrying a weapon to investigate criminal activity in the area, including disorderly conduct, he said.Van Hollen said that he just wants to clear up that open legal carry of a firearm -- on its face -- shouldn't result in that charge.Stay tuned to WISC-TV and Channel 3000 for continuing coverage.
VIDEO: Watch The ReportJ.B. Van Hollen's office issued an opinion on the question to district attorneys around the state on Monday. He said the interpretation put forward by his office isn't controversial, but simply a reminder.The opinion makes clear that open carry, or holstered carry of a firearm, is very legal and shouldn't automatically bring a disorderly conduct charge."When you have people who believed that openly carrying a firearm in and of itself, was disordered conduct, we wanted to clarify that certainly was not," Van Hollen said. "Otherwise, for instance, hunting would be clearly prohibited because you certainly can't do that without carrying a firearm."The opinion was issued at the request of several district attorneys, he said.In the opinion, Van Hollen highlights a case in West Allis where a man doing yard work on his property was cited for disorderly conduct for having a holstered weapon. He was ultimately acquitted.It's important to acknowledge though, Van Hollen said, that no law has changed."For instance, it is illegal to carry an uncased firearm in a motor vehicle. Well, that is still illegal. Nothing has changed that. It has been found to be an appropriate prohibition," he said.It is legal for a police officer to stop someone openly carrying a weapon to investigate criminal activity in the area, including disorderly conduct, he said.Van Hollen said that he just wants to clear up that open legal carry of a firearm -- on its face -- shouldn't result in that charge.Stay tuned to WISC-TV and Channel 3000 for continuing coverage.
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- April 20, 2009: AG Says Openly Carrying Guns Not An Automatic Charge
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