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The Way I See It!

I am an Ultra-Conservative, Alpha-Male, True Authentic Leader, Type "C" Personality, who is very active in my community; whether it is donating time, clothes or money for Project Concern or going to Common Council meetings and voicing my opinions. As a blogger, I intend to provide a different viewpoint "The way I see it!" on various world, national and local issues with a few helpful tips & tidbits sprinkled in.

Open Carry in Cudahy

Cudahy, Wisconsin, Police, Policy, Guns

Wisconsin is no stranger to the right to bear arms.  Article I, Section 25 of our own State Constitution provides:

The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

Despite this right,
Wisconsin is one of only two states that completely prohibit anyone but police officers and sheriffs' deputies from carrying concealed weapons for self defense. Colorado, Missouri, Michigan, Minnesota, Nebraska, Kansas, and other states all recently passed shall-issue concealed carry bills.

 

 

From: Randy Hollenbeck

Sent: Wednesday, April 22, 2009 9:48 PM

To: Thomas Poellot

Subject: Open Carry

 

Dear Chief Thomas D Poellot,

 

Now that Wisconsin’s Attorney General J.B. Van Hollen’s memo on open carry guns has been out for a few days, what is the take of Cudahy Police Department if a Cudahy resident is wearing a visible gun on his hip in his front yard?

 

Given what happen last year in West Allis where Brad Krause planted a tree in his yard last summer, a neighbor noticed that in addition to a shovel, Krause had a tool not usually required for yard work - a gun in a holster.

 

West Allis man not guilty in open carry gun case http://www.jsonline.com/news/crime/39722082.html

 

Open carrying of firearms legal, Van Hollen says:

 

Openly carrying a gun on the street or in a store will attract plenty of attention, particularly from police, but is perfectly legal, according to an advisory issued Monday by state Attorney General J.B. Van Hollen.

 

His memorandum to prosecutors says the mere act of having a gun does not warrant a charge of disorderly conduct, a position that pro-gun advocates have argued in several recent legal cases.

 

His advisory was most clear on that point.  "The Department (of Justice) believes that mere open carry of a firearm, absent additional facts and circumstances, should not result in a disorderly conduct charge.

 

The full memo can be seen here:

 

http://www.doj.state.wi.us/news/files/FinalOpenCarryMemo.pdf

 

Randy Hollenbeck

 

--------------------------------------------------------

 

From: Thomas Poellot [mailto:chiefpoellot@ci.cudahy.wi.us]

Sent: Saturday, April 25, 2009 5:45 PM

To: Randy Hollenbeck

Subject: RE: Open Carry

 

 

Dear Mr. Hollenbeck,

 

On April 20th Attorney General J.B. Van Hollen put out a news release and guidance to Wisconsin’s District Attorney’s in the form of an Advisory Memorandum regarding Wisconsin’s Constitutional Right to openly carry firearms and its relative application in matters of criminal Disorderly Conduct.

 

The news release summarizes the Advisory Memorandum as follows:

 

“Under Article I, § 25 of the Wisconsin Constitution, a person has the right to openly carry a firearm for any of the purposes enumerated in that Section, subject to reasonable regulation.  The Wisconsin Department of Justice believes that the mere open carrying of a firearm by a person, absent additional facts and circumstances, should not result in a disorderly conduct charge from a prosecutor.”

 

The job of a Police Officer is extremely challenging.  It is not possible to adopt a blanket approach to any given situation.  Officers are to evaluate each incident on a case-by-case basis and use their professional judgment.  Police Officers are routinely required to articulate facts or circumstances surrounding an event and provide a rationale to justify the decision making process.  That practice will continue. 

 

I expect that Cudahy Police Officers will maintain a position of tactical advantage in all situations.  Police Officers are required to be proactive in addressing suspicious behavior and identifying other problems or violations of law.  The Cudahy Police Department will continue to respond to all calls for service.  When a Cudahy Police Officer encounters a person, I expect that the Police Officer will neutralize any potential threat, stabilize the environment, and professionally conduct business to resolve the matter at hand.  That goes for a person with a visible weapon or a person who may have a concealed weapon.  It doesn’t matter if the weapon is a firearm or any other object or instrument that will harm or kill the Police Officer or another person.  I expect that Cudahy Police Officers will be tactically aware of their environment and will keep themselves, their coworkers, and the public safe while safeguarding people’s rights. 

 

Sincerely,    

 

Thomas D. Poellot, Chief of Police

Cudahy Police Department

5050 South Lake Drive

Cudahy, WI 53110-6108

Phone: (414) 769-2260

Fax:     (414) 769-2259

 

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I know Waukesha is not following Milwaukee’s lead on the issue.  Police told holstered handguns are OK

 

 http://www.jsonline.com/blogs/news/43387762.html

 

 

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