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Wisconsin Issues

In addition to Wisconsin considering microstamping legislation, it looks like Ed Rendell’s buddy, Governor Jim Doyle of Wisconsin, is pushing some of the same issues.  He’s suggesting local communities be allowed to pass their own ordinances regulating firearms.  The attorney general recently issued an opinion reminding law enforcement officials that carrying firearms openly was lawful in the State of Wisconsin.  No matter though, the Milwaukee Police Chief says he’ll just ignore it.

“My message to my troops is if you see anybody carrying a gun on the streets of Milwaukee, we’ll put them on the ground, take the gun away and then decide whether you have a right to carry it,” Flynn said. “Maybe I’ll end up with a protest of cowboys. In the meantime, I’ve got serious offenders with access to handguns. It’s irresponsible to send a message to them that if they just carry it openly no one can bother them.”

How many gang bangers, shooting it out on the streets of Milwaukee, are openly carrying their gat?  It’s a lawful activity, and Wisconsin’s recent right to bear arms constitutional provision, passed in 1998, protects that right from local interference.

If the City of Milwaukee wants to deal with multiple federal civil rights suits, under Section 1983 of Title 42 of the United States Code, they’re welcome.  In fact, I dare him to do what he’s suggesting.  I would remind Cheif Ed Flynn that Section 1983 allows a plantiff to sue you personally, not just you in your official capacity, for violation of civil rights.  So if you want to end up paying for a gun rights activist’s ammo supply for the rest of his life, I’d urge the City to get Flynn on a leash now, while this can still be handled cheaply.  Once faces start hitting concrete, all bets are off.

I would urge open carry activists in Wisconsin to laywer up.  Get good ones who know how to handle 1983 suits.  Plan this out.  Don’t just tell every yahoo to open carry in downtown Milwaukee and then end up creating a mess.

19 Responses to “Wisconsin Issues”

  1. Mike Gallo says:

    Don’t worry, Sebastian. This has all been orchestrated to this point, and the reactions are exactly what we expected. The good guys are in our enemies’ decision loops, and we’re pressing the advantage. I’m going to try to to a comprehensive run down on all this in a single blog posting this weekend, but I simply haven’t had the time with the shit storm we started up this week.

    Keep an eye out, but I’ll send you email updates when I get more information up. It’s going to be hard to archive all this with all the copyright issues for the news coverage, but I’ll see what I can do.

    Thanks for helping us get the word out.

  2. Sebastian says:

    Good to hear Mike. Let me know when you have a post up. I’ll link it.

  3. My message to my troops

    Troops? That’s a bit unsettling.

  4. Carl in Chicago says:

    I fixed the good Chief’s statement …

    “In the meantime, I’ve got serious offenders still willing to break the law and access handguns. It’s irresponsible that we have not put serious offenders in jail or simply stopped them with lawful, lethal force, so they can no longer offend law-abiding citizens.”

  5. Sebastian says:

    Troops? That’s a bit unsettling.

    In a police context sure, but I’ve also heard CEO’s refer to their employees as “Troops.”

  6. mike123 says:

    John Monroe, of GeorgiaCarry.Org fame, is handling a case with the aid of Jews For Preservation of Firearm Ownership.

    GCO Member Sues Over Arrests for OC in Wisconsin
    April 14th, 2009
    GCO member Jesus Gonzalez was arrested not once, but twice, for openly carrying a firearm in a state that has no law against unlicensed open carry. Rather than sitting back while his rights are trample, Gonzalez has filed a lawsuit against several police officers and two cities for the illegal arrests.

    The lawsuit was made possible by a generous grant from Jews for the Preservation of Firearm Ownership.

    The complaint, filed in federal district court for the Eastern District of Wisconsin, may be viewed here.

    http://georgiacarry.com/gonzalez_westmin/

  7. Carl in Chicago says:

    Thanks, Mike.

    But can someone explain to me the following:

    “By detaining Plaintiff, seizing his property, and arresting him for disorderly conduct solely on account of Plaintiff’s openly wearing a firearm, the West Milwaukee Defendants lacked probable cause or even reasonable articulable suspicion to believe that Plaintiff had committed or was about to commit a crime, and therefore violated Plaintiff’s 14th Amendment rights to be free from unreasonable searches and seizures.”

    Because the 4th amendment has been incorporated via due process from the 14th amendment, does that mean that violations of 4th amendment rights are technically refered to as violations of 14th amendment rights?

  8. Sebastian says:

    Because the 4th amendment has been incorporated via due process from the 14th amendment, does that mean that violations of 4th amendment rights are technically refered to as violations of 14th amendment rights?

    That is correct.

  9. CTD says:

    Troops? That’s a bit unsettling.

    My thoughts exactly. Any wonder where so many cops get the idea that they are “soldiers” fighting a “war” in our cities?

  10. Ride Fast says:

    […] Open Carry Fear and Loathing […]

    If anyone in Milwaukee shouldn’t be open [or concealed] carrying a firearm it’s PD Chief Flynn.

  11. jones says:

    “and decide if you have the right.”

    Class act. My wife had her car brokeninto in Milwaukee, the police were only concerned about paperwork. Flynn is a piece.

    Doyle has admitted OC is legal. I hope it gets to our Supreme Court; and they expand Hamdan.

  12. mariner says:

    In a police context sure, but I’ve also heard CEO’s refer to their employees as “Troops.”

    So?

    Verbally slap him around for it anyway.

    Conservatives need to learn to play the “ZOMG! You said xxx” game and put guys like this on defense.

  13. ATL says:

    “Because the 4th amendment has been incorporated via due process from the 14th amendment, does that mean that violations of 4th amendment rights are technically referred to as violations of 14th amendment rights?”

    Yes, and like all 14th amendment tie-ins this makes this entire situation a serious boondoggle for Milwaukee. The chief is looking for an early retirement!

    I dare Chief Flynn to arrest someone open carrying. As a matter of fact, Think an inner city open carry trash pick up is in order! Invite the press, and bring your attorneys along for some interesting press coverage.

  14. Arnie says:

    I so want to take my weapon to Milwaukee. When Flynn asks if I’m being stalked I’d say, “Yeah, by a traitorous tyrant in police clothing who will soon meet his worst nightmare – my lawyer!

  15. Phelps says:

    In a police context sure, but I’ve also heard CEO’s refer to their employees as “Troops.”

    Sure, but I bet you have never heard them immediately follow that with an order for their employees to literally “put them on the ground” on sight.

  16. Sebastian says:

    I know. I’m not excusing his behavior here. Just pointing out that’s a pretty commonly used expression.

  17. Steve says:

    The police have become a standing army. Didn’t some dead white guys warn us of the dangers of a standing army?

  18. jones says:

    http://www.jsonline.com/news/crime/43598722.html

    Ed Flynn wants to kill and maim!

    “Milwaukee police are trading shotguns for rifles in an effort to even the odds against criminals who Chief Edward Flynn said are increasingly likely to be toting their own assault-style weapons.

    Flynn and Mayor Tom Barrett cited mass shootings in the United States, including recent killings of police officers in Oakland, Calif., and Pittsburgh, in explaining why Milwaukee officers are adopting the new .223-caliber, semiautomatic Smith & Wesson rifles.”

    Hi capacity magazines! Barrel shrouds, Black coloration! Run for the hills.

  19. Sebastian says:

    Steve:

    True, but Ben Franklin was an advocate for having a professional police force, or at least the equivalent of it in his time, which was night watchmen.

Trackbacks/Pingbacks

  1. Pro-Gun Progressive » Open Carry And Wisconsin - [...] alter ego has an interesting run down on Milwaukee Police Chief Ed Flynn’s take on a perfectly lawful activity:…
  2. Peoples Press Collective » Open Carry in Milwaukee - [...] Sebastian, at Snowflakes in Hell, makes an interesting point regarding Wisconsin law: If the City of Milwaukee wants to deal…
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