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You are here: Home / Politics / Govt / AG stresses open carry is legal

AG stresses open carry is legal

April 21, 2009 By WRN Contributor

It is legal to carry a gun in most public places, but Wisconsin's attorney general says people are angered by that idea.

Attorney General J.B. Van Hollen says despite the law being straight forward, some people continue to get riled up about it.

"You know it does seem like a simple opinion, however, there are people out there who are angered, upset, if not incensed about the opinion that we issued. So, when you talk about guns it's like talking about abortions. It's an impassioned issue with people very strongly on multiple sides of the issue."

Due to some confusion with the law, several prosecutors had asked Van Hollen for his legal opinion , which comes two months after a judge threw out a disorderly conduct charge against a West Allis man who got attention for carrying a gun in a holster while doing yard work. It is, however, illegal to carry concealed weapons.

"It's our strong belief that the Wisconsin constitution clearly permits law-abiding citizens to openly carry firearms in the state of Wisconsin. And without more, that is not disorderly conduct or any other violation of the law."

Van Hollen is quick to point out that there are exemptions to open carry, including government buildings, schools, bars; you can't carry if you're a felon or drunk; and weapons must be encased while in vehicles.

As with many other laws, Van Hollen says police can use their discretion to stop and question someone. But he stresses, prosecutors cannot charge someone with disorderly conduct solely for openly carrying a weapon.

AUDIO: Jackie Johnson report (1:36 MP3)

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