Milwaukee police chief above the law

[SlowDave]

Can't find this posted anywhere else and just read it linked from cnn (believe it or not).

Synopsis: guy open-carrying in Milwaukee area was arrested. Further investigation showed it is not illegal to open carry there. State AG releases a statement indicating same and that people who are not causing a commotion should not be arrested or bothered for open carry. Milwaukee police chief openly states that anyone who is open carrying will be "taken down" and then they'll investigate to see if that person is allowed to carry.

So, the law has been tested, precedent set, clarifying statement by the state AG, and the police chief says, "I'll assault whoever I want to assault; what you gonna do about it?!" I can't believe this! I'm thinking someone is about to get very rich. I wish I could get to Milwaukee this afternoon to win that lottery. What a pinhead. Is there something I'm missing here? As someone mentioned, they should spread the wealth and have a BIG protest with a few hundred people open carrying in front of the police station, peacefully of course. Maybe just walk up and down the street w/o a sign and saying nothing. Then when you get arrested, lots of people get to share the proceeds from the Milwaukee taxpayers and maybe the next person will think before he advertises his stupidity, or else his superiors will immediately suspend him before they lose their shirts.

I can't believe this!

[135boomer]

Loss of his job and a few years behind bars might help to change that jerk's attitude.

[mymojo]

Isnt the Ft Worth D.A. about the same mindset? In my CHL class I was told that while it is legal to CC in your car, Ft Worth ingores the fact and will arrest you for it.

Is that inaccurate?

[Keith B]

The AG and Governor are at odds on the issue after the AG stated he hadn't broken any laws IMO the AG just did his job. This isn't the first time he has been arrested. He was arrested in Wal-Mart and Menard's. He has already filed a federal lawsuit. It is all over Opencarry.org. Will be interesting to see how this one is ruled, especially since Wisconsin has a no preemption rule over the state law on firearms.

[ninemm]

Isnt the Ft Worth D.A. about the same mindset? In my CHL class I was told that while it is legal to CC in your car, Ft Worth ingores the fact and will arrest you for it.

Is that inaccurate?

Are you asking about a Castle Law carry or carry by a CHL holder?

[Purplehood]

Isnt the Ft Worth D.A. about the same mindset? In my CHL class I was told that while it is legal to CC in your car, Ft Worth ingores the fact and will arrest you for it.

Is that inaccurate?

Are you asking about a Castle law carry or carry by a CHL holder?

I thought it was Motorist Protection Act...

[Keith B]

Isnt the Ft Worth D.A. about the same mindset? In my CHL class I was told that while it is legal to CC in your car, Ft Worth ingores the fact and will arrest you for it.

Is that inaccurate?

Are you asking about a Castle law carry or carry by a CHL holder?

It is actually not part of the Castle Doctrine, but called the Motorist Protection Act. They used to arrest you in Houston under the previous DA, but think that has now changed I believe. However, I have not heard that Ft. Worth was ignoring the fact that it is legal since September 2007 and arresting people for it. I would be interested if he could point us to a specific case?

[ninemm]

That is what I meant (Motorist Protection Act). Is he saying that Ft. Worth will arrest a CHL for carrying or if you do not have a CHL and a gun is found in your car?

[Aggie_engr]

"This is America. If we don't stand up for our rights, you know, what are we doing here? What have people fought and died for? Why'd we found this country?" Krause said.

A big thank you to this gentleman for being the one to stand up for what's right! I applaud you Mr. Krause!

[mymojo]

That is what I meant (Motorist Protection Act). Is he saying that Ft. Worth will arrest a CHL for carrying or if you do not have a CHL and a gun is found in your car?

According to my CHL instructor the FT Worth D.A. had instructed the LEOs to arrest for a weapon in the vehicle and no CHL. Next time I'm in the Bullet Trap I'll ask Dave if he can site any cases of it.

[txfireguy2003]

That same policy of arresting persons who were carrying in their cars came up here in Central Texas as well, right after the ruling. I don't think there has been a test case yet in my area, because all the LEO's followed their chain of command and respectfully refused to follow that order (in one city anyway). They cited the penalty for false arrest, and simply told their chief that they would not arrest people who were not committing a crime. Some chiefs and officers are upset about the law, because they have been able to use it for years to arrest people, who by all accounts WERE criminals, but that the officer simply couldn't find another law they broke. Luckily, the officers in this particular city have some principals and refuse to arrest people unless they are ACTUALLY breaking the law. On the other hand.....in other cities/counties, "you might beat the rap, but you won't beat the ride!" comes to my mind, as one instructor in my academy told us.

[bryang]

I am sick and tired of these people that think they are above the law and order others to break the law. Since when is it legal for a Police Chief to make up his own rules and declares them law. He needs to be locked away and throw away the key.

Our freedom is under attack from all sides and we must do what we can while we still have a chance.

-geo

[pedalman]

This blogger would appear to agree. He also has good advice for those who would stand up for their LEGAL open carry right:

http://www.snowflakesinhell.com/2009/04 ... in-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.

[stevie_d_64]

Shouldn't this be in the "Other States" folder???

Oh, wait...It is...muh bad...

[tfrazier]

Well, I can't help but step in here and stir this one up. For a loooong time now the federal government has been influencing local police chiefs across this nation. Many cities won't consider an applicant for police chief unless he is a graduate of the FBI academy.

IMO, the reason why so many local law enforcement officials seem to be out of touch with the rank and file of their departments is due to the political influence of the federal government and the International Association of Chiefs of Police. Just from my experience from those I have met and worked with (and for) personally, the product of the federal law enforcement institutions tends to be pro gun control, pro rehab, and more concerned about the rights of criminals than the rights of law abiding citizens.

Let me also say that there are also a large number of patriotic and courageous FBI, Border Patrol, ATF, and other federal agents out there, so I'm not saying all of them are out to confiscate our right to self defence.

When I see a police chief who is pro gun control and anti second amendment, I usually can find the minimum two credentials we see in Flynn's bio (bolded) from his department web site:

Flynn is a member of the Board of Directors of the Police Executive Research Forum, serves on the Executive Committee of the International Association of Chiefs of Police, is on the Board of Directors for the Council of State Governments Justice Center, and serves on the Fight Crime Invest in Kids executive board. He is a past recipient of the prestigious Gary Hayes Memorial Award for Police Leadership from PERF.

He holds a B.A. in history from LaSalle University in Philadelphia, a Masters degree in Criminal Justice from John Jay College of Criminal Justice in New York and completed all course work in the Ph.D. program in criminal justice from the City University in New York. Chief Flynn is a graduate of the FBI National Academy