AG Van Hollen responds to “Open Carry”

It is true that the State Attorney General has responded to the Open Carry issue here in Wisconsin.

For those of you that are unsure as to what I mean…Wisconsin is one of only 2 states that does not allow the carrying of a concealed firearm so many pro-gun citizens have argued that if concealed is not permissible than the right to carry one openly can not be in question.  

A few citizens that have tried to carry openly were cited for Disorderly Conduct this Advisory Memorandum for the AG should clear up many of these issues and law abiding citizens will not have their rights infringed.

The Department believes that mere open carry of a firearm, absent additional facts and circumstances, should not result in a disorderly conduct charge.

But this leads me to question the ordinance in the City of Racine and if it is still valid.

Racine municipal code Sec. 66-58 Possessing dangerous weapon states as follows:

Unless otherwise provided by law, no person, except a bona fide peace officer, shall be found at or upon any public place in the city carrying or having within his reach any dangerous weapon, whether concealed or in plain view. "Plain view" within the meaning of this section does not include weapons carried in a case which does not permit immediate access to such weapons.

Does the Advisory Memo constitute something “provided by law”?

The municipal code continues in Sec.66-60 Display of firearms as follows:

No person shall display a firearm in or upon any public place or in or upon any private premises without the permission of the owner. For purposes of this section, display shall mean the exhibition, showing or placing in the view of other persons and shall include displaying the entire firearm or any portion thereof. Display shall not include firearms carried in a case. This section does not apply to peace officers or armed forces or military personnel who go armed in the line of duty or to any person duly authorized by the chief of police to display firearms.

So while the AG of the state makes it very clear that I can strap my .38 to my hip and walk down the street…the current municipal code in Racine clearly states otherwise…I guess the questions is…would I be cited in Racine?  


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