A brief look at your right to carry a firearm

posted at 8:11 pm on August 11, 2009 by MadisonConservative
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I wasn’t initially going to post about this, but responses to this HA thread made me think some people would be interested.

If you’re living in Wisconsin, you’re in one of the two unlucky states that does not have any means for its citizens to legally carry a concealed firearm. While this is a major problem, there is an alternative that even Illinois doesn’t have: open carry. In Wisconsin, it is entirely legal to carry a holstered handgun on your hip, as long as it’s in full view. Until recently, however, this practice was risky due to it being uncommon, which meant that other people could react unpredictably to the sight of a weapon not being carried by a police officer. As a result, citizens who open carried could expect that they might be reported to the police, and have to deal with a charge of disorderly conduct, or a similar charge. This might simply involve a ticket, or it could even involve arrest and confiscation of your firearm.

That was the state of things until April of this year, when Wisconsin Attorney General JB Van Hollen issued an advisory memorandum to the police departments of Wisconsin. It reiterated that simply open carry was not, in itself, a crime, and therefore could not be construed as disorderly conduct unless other disorderly behavior was also being displayed. This was largely in reaction to the results of two cases against citizens in Milwaukee that had open carried in separate circumstances. Both Brad Krause and Jesus Gonzalez were cleared of charges after being arrested and disarmed. As a result, more people in Wisconsin have started to open carry, unafraid of police encounters.

Well, Travis Yates just learned that some cops don’t pay much attention to what the Attorney General says about the law:

I open carry whenever I have the chance, and so was naturally very concerned about this incident. I ended up contacting the Madison Police Department, and had a discussion with Lieutenant Dave McCaw about what the law was regarding open carry. I explained to him the memorandum that had gone out, and asked him if any open carrying citizen could expect to be cited if they were on State Street.

McCaw: “On State Street?”
Me: “Sure.”
McCaw: “Yes.”
Me: “Why would the law change depending on what street you’re on?”
McCaw: “The law doesn’t change.”
Me: “Well, why is State Street different than any other place in Madison when OCing?”
McCain: “Have you been to State Street?”
Me: “Yes.”
McCaw: “That’s the reason.”

Yeah…he didn’t really clarify. State Street in downtown Madison is one of the more busy areas of the city, with lots of shops and other businesses. Car traffic is pretty restricted in the area, so it’s mostly lots of students and others walking around. However, this is no different than either of the malls in Madison, parks, or other areas where people regularly congregate. I most often open carry while shopping, and am regularly in buildings where the concentration of people meets or exceeds State Street. When I pressed further, I was given the standard response about how every situation is different, and they need to judge all circumstances, etc. That’s all well and good, but according to the police report, as well as various news reports, the only conduct he was cited for was open carrying, and that is specifically what the Van Hollen memo said was unlawful.

Members of the open carry community are optimistic that the DA will probably drop the citation when confronted, particularly now that the story has made it to local newspapers and television, as well as being discussed on Vicki McKenna’s radio show on 1310 WIBA. We plan to continue to open carry, and will be making noise about any further citations until the Madison Police Department starts doing its job and obeys the law it is supposed to uphold.

Now, open carry is not legal in some states. Florida, for example, allows concealed carry, but has banned open carry. Illinois does not allow either. Visiting OpenCarry.org will help you determine if you can legally do so in your state, and it also has a message board with forums for every state if you have questions about the laws or concealed carry options you could take advantage of.

New Hampshire is a state where open carry is legal, and William Kostric exercised that right at a town hall meeting. Secret Service may have had security concerns, and they have a responsibility to look after the safety of the president. At the same time, Mr. Kostric had a responsibility to ensure his own safety. Most people open carry for self-defense, usually because they cannot legally carry concealed. In many cases, gun rights opponents claim that such an action is paranoid, apparently under the assumption that firearms only prevent crimes when wielded by police officers. However, considering recent events at town hall meetings in places like Tampa and St. Louis, the argument could easily be made that Mr. Kostric had even more reason to fear for his safety.

Some suggest that just because one has the right to do something, that doesn’t mean that they should. In some cases, this is true. However, it is not the case when a citizen decides to lawfully carry a weapon for their protection, even if it’s at a location where the President is at(and actually, Kostric was there two hours before the President arrived). Additionally, some suggest that if a liberal protester had done this, the reaction would be hostile. I can only speak for myself and for some people I know, but all of us support the right of any American, regardless of political leaning, to exercise their rights, and most particularly their right to keep and bear arms. The primary problem with such a suggestion is that most leftists are virulently anti-gun, so it would be quite a rare thing to see.

What happened to Yates was unlawful, and hopefully will result in better awareness of the law by the Madison Police Department. The way MSNBC went after Kostric was an abomination, but I’ve long since abandoned expectations of objectivity or fairness from that network. The most pressing problem is the attitude some have towards the open display of a weapon in a legal manner. Concealed carry is legal in 48 states. All you’re seeing when people open carry is what millions of others are doing throughout the country behind their clothes. Some people need to take more comfort in the fact that citizens are taking it upon themselves to be prepared for dire situations, and remember that one of our most important freedoms is the ability to retain the power to defend ourselves. Too many other countries have long since given up that right.

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