Police Stop Man For Carrying Gun Out In Open-WI

[chrisjames_71]

Not really PA related, so feel free to move it. And I don't see it psted yet..Could be elsewhere though..

http://www.wisn.com/cnn-news/19235901/detail.html

MILWAUKEE COUNTY, Wis. -- As WISN 12 News was interviewing a West Allis man about his past arrest for carrying a gun in the open, police confronted him again Tuesday night -- one day after the state's attorney general ruled it's legal.

"Somebody called the police that somebody was walking around with a gun on their hip," a West Allis police officer said.

"I would fit that description," Krause said.

"That would be you," a West Allis police officer said.

Police arrived up to investigate Krause while 12 News was interviewing him about his previous arrest for carrying a holstered gun on his hip outside his home. One officer saw Krause's gun and asked what agency he's affiliated with.

"I'm the same guy I was when you arrested me the last time," Krause said.

The officers asked for his name and called dispatch.

"The reason I'm checking is because felons can't have guns in Wisconsin," West Allis police said.

Krause is not a felon. He's a certified firearms instructor.

"Pretty much any time my pants are on, I'm armed," Krause said.

That includes carrying a gun outside his home as Wisconsin's attorney general has ruled is legal.

"I'm totally opposed to it. I do not think we need more guns on the streets," state Rep. Leon Young said.

Young, a former Milwaukee police officer who represents part of Milwaukee's north side, said he's working on fast track legislation to clear up confusion with Wisconsin's gun law.

"If you're walking down the street with a gun in your hand and people can see it or you've got one in your holster here and people can see it, it's going to create a disturbance," Young said.

But until there's a new law, the officers explained to Krause, the attorney general's ruling is brand new to them and they'll act accordingly.

"How it was explained to us is that if somebody calls and makes a complaint -- in other words, they feel threatened -- they feel it's causing a disturbance or they feel that it's disorderly in some fashion. They call us and we respond and we investigate it," a West Allis police officer said.

"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.

Krause was not arrested, and he said the officers Tuesday night acted professionally, although he disputes whether they should have confronted him.

The officers said in a different situation they would likely still order someone carrying a gun to the ground until they could make sure the situation is safe.

Attorney General J.B. Van Hollen said his memo was simply intended to "clarify" the law, and he does not believe more people will start openly carrying guns because of it.

Gov. Jim Doyle hopes it won't change how police officers respond when they see weapons.

"Our advice was people are permitted to openly carry firearms -- that it wasn't in and of itself disorderly conduct. We intentionally didn't go into any factual-based scenarios because they're all different," Van Hollen said.

"I assume that local DAs and local police departments are gonna continue to act as they already have," Doyle said.

Police Response

Milwaukee's police chief said he'll go on telling his officers to take down anyone with a firearm despite Van Hollen's finding that people can carry guns openly if they do it peacefully.

Chief Ed Flynn said officers can't assume people are carrying guns legally in a city that has seen nearly 200 homicides in the past two years.

He said that means officers seeing anybody carrying a gun will put them on the ground, take the gun away and then decide if the person has a right to carry it.

Flynn said it's irresponsible to send a message that if someone carries a weapon openly, no one can bother them.

Milwaukee-area police chiefs have a monthly meeting on Wednesday, and they're expected to discuss this issue.

Shorewood Police Chief David Banaszynski is the leader of the state chief's association.

He said many departments are asking questions about how to deal with people openly carrying firearms.

He said it may end up being a community-by-community, case-by-case issue fraught with the potential for danger.

"Now, with open carry, which is legal, there may be no training. I could hand you my handgun, you could walk down the street carrying it with no training whatsoever. To me, there is a lot more danger now with people thinking, 'I have the right to carry it so I'm going to carry it, and not have the training,'" Banaszynski said.

Guns are still prohibited in schools and any private property owner, including businesses, can ban firearms.

[wa3ra]

Like living in a banana republic. I hope that some upstanding rep in WI has the balls to introduce an opposing bill...not that it would matter. Their governor would never sign it.

[w1cked]

This is sad. If this isn't reminiscent of an authoritarian state, I don't know what is. I should be able to detain that asshole police chief every time he opens his mouth and check if he has a right to free speech.

[Pa. Patriot]

Milwaukee's police chief said he'll go on telling his officers to take down anyone with a firearm despite Van Hollen's finding that people can carry guns openly if they do it peacefully.

And the asshole will hopefully, and rightfully, get sued every time. Sorry, Chief, your personal opinion means squat.

Chief Ed Flynn said officers can't assume people are carrying guns legally in a city that has seen nearly 200 homicides in the past two years.

More importantly, Chief, your officers can't bother an open carrier simply because they assume they might be carrying unlawfully.
That requires RAS or PC of criminal activity. And you know it. What a joke this "Chief" is.

He said that means officers seeing anybody carrying a gun will put them on the ground, take the gun away and then decide if the person has a right to carry it.

Which means you should be in jail for violating the law. What a arrogant idiot. He just made a public comment of his intent to violate peoples rights. Does WI have a Official Oppression type charge? I bet they do. Why is this asshole not in jail?

Flynn said it's irresponsible to send a message that if someone carries a weapon openly, no one can bother them.

??? Why should someone bother them?

Milwaukee-area police chiefs have a monthly meeting on Wednesday, and they're expected to discuss this issue.

Should be a short discussion

He said many departments are asking questions about how to deal with people openly carrying firearms.

How about leave them alone unless they do something illegal, just like any other person? That's the LEGAL course of ACTION.

He said it may end up being a community-by-community, case-by-case issue fraught with the potential for danger.

Would be much more prudent to abide by the law and constitution. Another Chief with a tyrant complex.

"Now, with open carry, which is legal, there may be no training. I could hand you my handgun, you could walk down the street carrying it with no training whatsoever. To me, there is a lot more danger now with people thinking, 'I have the right to carry it so I'm going to carry it, and not have the training,'" Banaszynski said.

O..M..G..!
THE SKY IS FALLING! What a pathetic excuse. I swear, these Chiefs quoted are like a bunch of 7th grade girls during their first menstrual cycle.

It's legal, get over it.

I wish to hell that the folks in WI would follow this Krause fellows lead and start OC'ing more. It's time to put these chiefs with the dictator complex back where they belong. Via lawsuits, criminal complaints, etc. They are servants, not the served.

This whole issue makes me want to plan a vacation in WI this year.

[fingers80002]

Maybe, that chief needs to be educated, like getting e-mails about cases that are ongoing , due to activities by LEO's , that did just as he suggested.

[Pa. Patriot]

Maybe, that chief needs to be educated, like getting e-mails about cases that are ongoing , due to activities by LEO's , that did just as he suggested.

I think he is beyond that. He has been informed of the legality, now he publicly announces he will violate peoples 4th A rights.

He needs jailed.

[fingers80002]

I think he is beyond that. He has been informed of the legality, now he publicly announces he will violate peoples 4th A rights.

He needs jailed.

He is one of those that can't grasp the BOR?

I see.

[wa3ra]

Oh, he grasps it, all right, just before he crumples it up and wipes.

[TXDMERC73]

This is sad. If this isn't reminiscent of an authoritarian state, I don't know what is. I should be able to detain that asshole police chief every time he opens his mouth and check if he has a right to free speech.

i agree , the chief thinks he has absolute power.

[XD40coyote]

Both the gov and the rep should be arrested for treason. They are violating their oaths of office to uphold the constitution, incl the WI constitution which has the "bear arms" thing in it too- why OC is legal there.

Sorry I am sounding all radical, I guess I am one of those wacky right winger-nuts. Me and Ben Franklin and Thomas Jefferson and all that group of rabble rousing ne'r-do-wells. All of us gaw'danged wacky right winger-nuts.