Constitutional Law

Storm brewing in Milwaukee

The Wisconsin Attorney General has ruled that open carry is lawful and cannot be charged as disorderly conduct. (I find it amusing that the article claims that open carry is only allowed in two States, when in fact it's OK in the vast majority).

But the Milwaukee police chief issues orders to arrest any open carriers and seize their firearm. (He issues orders to his "troops," as he puts it). There are others:

"Milwaukee County Sheriff David Clarke said the memo just muddies things. Police still aren?t clear on what might constitute disorderly conduct, he said.

"How we approach a person with a gun, I can tell you right now, isn?t going to change. As far as a law enforcement person is concerned, you just don?t walk up to a person with a gun and say ?excuse me, sir,"? Clarke said. "On the ground, give up. Get that gun under control and then we?ll figure out what we got here.""

I find the "down on the ground" interesting. If the person were to be dangerous, he'd of course draw before getting down. So giving such a command implies that the giver thinks the citizen is not dangerous. What then is the purpose, other than to stress that they must prostrate themselves to their superior?

Oh, well. That's what section 1983 is for.

[Update to correct city name]

Full post as published by Of Arms and the Law on April 22, 2009 (boomark / email).