Gun Laws As Attorney-Client Privilege?
So says Green Bay:
A group promoting gun owner rights in Wisconsin is suing the city of Green Bay in a dispute that stems from restrictions on guns inside a popular farmers market.
Wisconsin Carry Inc. has asked a judge in Brown County Circuit Court to order Green Bay city officials to relinquish public records that might indicate whether the city has a policy on carrying guns in the open.
The same group previously sued Ashwaubenon and Madison after both municipalities arrested individuals suspected of improperly carrying guns in public.
Nik Clark, president of Wisconsin Carry Inc., said a member of the organization complained this summer after he was told he couldn’t open-carry a gun in a Green Bay downtown farmers market. Police officers told him that guns were not permitted at the Saturday morning event, Clark said.
Afterward, Wisconsin Carry asked the city police department for copies of any procedures or directives on the subject. The department declined, citing attorney-client confidentiality.
Clark said his group decided to file suit because, he said, Green Bay residents have a right to know their city government’s policy on controlling open-carry of guns.
I’m not a lawyer, but this has got to be the most oddball, peculiar application of attorney-client privilege I have ever heard. Surely they don’t mean that laws and regulations are not subject to public knowledge and scrutiny? That would be absurd.
More than likely they mean that the officers who stopped the gentlemen didn’t have a basis for doing so and they don’t want to divulge their vulnerability to anyone. For the stop to have been legitimate there would have to be a specific regulation pertaining to this establishment and/or the establishment would have to post. Wisconsin is an open carry state with complete state preemption and has only weak stop and identify laws (the one stopped need not follow the request even though an officer can ask for identification).
Perhaps someone who is more familiar with Wisconsin law can weigh in, but it appears to me that the police acted improperly and fear just the sort of lawsuit they are currently facing.
