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Thread: Open Carry in Wisconsin
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February 17th, 2009, 04:56 PM #1
Open Carry in Wisconsin
West Allis man not guilty in open carry gun case
By Linda Spice of the Journal Sentinel
Posted: Feb. 17, 2009 12:26 p.m.
A West Allis municipal judge today ruled in favor of a local man arrested for disorderly conduct after a neighbor complained that he was carrying a gun while planting a tree.
Judge Paul Murphy found Brad Krause not guilty of disorderly conduct in a case that drew to a hearing numerous gun rights advocates to witness what may be the first open carry gun case heard in a Wisconsin courtroom.
For Krause, however, the significance of the case extended beyond gun rights: It was an infringement on civil liberties, he said after today's decision.
"The reason people are upset about this is it's not about guns. It's about civil liberties. And we obviously have a property issue. There was no warrant issued, no exigent circumstances, no permission to enter the property, yet the police stormed in with guns drawn and put my life at risk," Krause said. "My wife was very worried that she would be a widow in short order because I was planting a tree."
West Allis Police Chief Mike Jungbluth could not be reached for comment on Wednesday afternoon.
West Allis Assistant City Attorney Jenna Merten, who prosecuted the case, was in trial throughout Wednesday and was unavailable for comment. City Attorney Scott Post declined to comment because he had not yet learned the basis for the judge's decision, he said.
West Allis police responded to Krause's home last August after a neighbor called to ask about the legality of him openly carrying a gun in a holster on his property. Police responded, arrested Krause and ticketed him for disorderly conduct, an offense he and his attorney, Steven Cain, fought during a court trial in December. Police also seized his gun.
Cain said today, "The big overarching issue is whether open carry is legal. The law in Wisconsin really only limits concealed carry. The law in Wisconsin, as we see it, is that open carry is absolutely legal, protected, and should be."
Cain argued that the U.S. Supreme Court last summer in the case of D.C. vs. Heller concluded that open carry is "an individual right that shouldn't be abridged by law enforcement. That's what the case is generally all about."
In explaining why he was carrying a gun while planting a tree, Krause said, "There's no requirement to justify why you're able to exercise constitutional rights. I and everyone else are able to go to church, they're able to vote, they're able to speak their mind. Even though the city might not like it, we have that right."
The case is also one that has been watched closely around the country, particularly by the co-founders of the Virginia-based OpenCarry.org, John Pierce and Mike Stollenwerk.
Said Pierce: "Really, the larger issue is not even a gun rights issue. It's the issue of having a disorderly conduct statute that is a catchall statute for otherwise legal behavior."
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February 17th, 2009, 05:07 PM #2
Re: Open Carry in Wisconsin
Good, I'm glad he was let off the hook. Now, hopefully, he'll sue for the violation of his civil rights.
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February 17th, 2009, 05:20 PM #3
Re: Open Carry in Wisconsin
It would be nice if the town winds up paying his legal fees.
USNRET '61-'81
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February 17th, 2009, 05:31 PM #4
Re: Open Carry in Wisconsin
Well, for what it worth, Wisconsin is one of the few states that still does NOT have LTCF, CCW or whatever you want to call it.... in other words you cannot conceal carry anywhere in the state... but now that this came about they might have a chance of getting that changed.... I HOPE... too much crap going down in that state, like elsewhere, that legal abiding citizens should be able to protect themselves...... but they are still in the dark ages, and with a Democratic governor, things probably will stay that way for awhile yet....
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February 17th, 2009, 05:37 PM #5
Re: Open Carry in Wisconsin
The idea has always been that open carry is legal in Wisconsin, and the only ones that would conceal would be the criminals. Makes it a more obvious distinction. There was no LTCF or anything there because it had been recognized as a right. Don't know whats happened there in the past couple of years to lead to the confusion.
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February 17th, 2009, 05:50 PM #6
Re: Open Carry in Wisconsin
YES!!!!!! Thanks for posting
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February 17th, 2009, 07:16 PM #7
Re: Open Carry in Wisconsin
Apparently you can OPENLY carry in Wisconsin...in very limited locations, but they still have no permits or licenses for concealed carry. Bills were passed in two separate sessions of Congress, but both were vetoed by Democratic Governor Jim Doyle. These were in 2003 and 2005.... SOMEDAY they will get rid of this self-centered idiot and get someone in there that cares about the law abiding citizen and their rights to carry for personal protection....
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February 17th, 2009, 08:52 PM #8
Re: Open Carry in Wisconsin
I believe Georgia Carrys own John Monroe(aka The Hammer) was present at this trial. i wonder what a civil rights attorney was doing there hmmm :P
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February 17th, 2009, 09:18 PM #9
Re: Open Carry in Wisconsin
Another court acknowledging the obvious... that OC does NOT equal DC.
We'll have to make sure that Beaver Co Court get the memo before Mtn Jack's hearing_________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
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February 18th, 2009, 07:20 PM #10
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