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If a letter from the TOP COP in the state says the action is legal, it's damned hard to convince a jury that the guy "knew" he was breaking the law.
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It might get sticky because the open carrying isn't in question, it's the idea that he probably knew that OCing in that area might ruffle a few feathers. That certainly doesn't mean that his rights should be violated because of public opinion, but it does complicate it.
Here's the disclaimer from the AG's memo:
http://www.doj.state.wi.us/absoluten...asp?a=1209&z=3
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This informal Advisory Memorandum does not constitute a formal opinion of the Wisconsin Attorney General or the Wisconsin Department of Justice under Wisconsin statute ยง 16.015(1). The department offers this advisory memorandum for educational and informational purposes only. It does not prevent the Attorney General, the Wisconsin Department of Justice, or any Wisconsin district attorney, special prosecutor or municipal prosecutor from bringing any particular charge or making any particular argument in the course of litigation.It does not create any rights beyond those established under the constitutions, statutes, regulations, and administrative rules of the United States of America and the State of Wisconsin.
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