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More follow up on Wisconsin Man being arrested for legal open carry of firearm.
OpenCarry.org ^ | 16 February, 2009 | Doug Huffman

Posted on 02/16/2009 7:19:15 PM PST by marktwain

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To: garyhope

If I can disagree, I believe that his neighbor was well with in his rights and the correct thing to ask Local LEO’s IMO. Where this goes south is the overreaction by local LEO’s and pushing this crap to the level it has become.


21 posted on 02/16/2009 7:40:39 PM PST by SERE_DOC (Today's politicians, living proof why we have and need a second amendment to the constitution.)
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To: marktwain

I’ve never known a cop that claims to be a law expert. THey just do the best they can and let the judge sort it out.


22 posted on 02/16/2009 7:40:45 PM PST by mamelukesabre
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To: PubliusMM

I don’t know the case and am not a lawyer but I wonder, did the police confiscate the gun? If so that could fall under illegal search and seizure and once he wins his main case he should come back with a large lawsuit for the breach on his Constitutional rights and to teach a lesson to the misguided ones.


23 posted on 02/16/2009 7:40:47 PM PST by jafojeffsurf (Never Quit Never Surrender)
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To: garyhope

I doubt it, but suppose if you will the neighbor and Mr Krause set this up to see the reaction and the police and public attorney fell right into the trap?


24 posted on 02/16/2009 7:43:57 PM PST by jafojeffsurf (Never Quit Never Surrender)
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To: jafojeffsurf

“did the police confiscate the gun?”


Yes they did. They have not returned it, as far as I know. I think the smartest thing for the police to do at this time is to return the gun with an apology, say the officer did not properly understand the law, and buy Brad a case of ammunition in the hope that he will not pursue a lawsuit.

Common sense will likely not prevail in this case, however.


25 posted on 02/16/2009 7:44:53 PM PST by marktwain
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To: marktwain

IMO, we would be much better off with the old laws against disturbing the peace (re. reasonable assumption that other individual(s) offended rather than state’s assumption of “disorderly conduct”—vulgar name-calling and the like and minor physical retaliations allowed).


26 posted on 02/16/2009 7:45:08 PM PST by familyop (As painful as the global laxative might be, maybe our "one world" needs a good cleaning.)
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To: marktwain

Stupid man. Actually thought his legal rights meant anything ... anything at all.

You are all slaves. Work harder and meet your quotas or you will not receive your food ration!


27 posted on 02/16/2009 7:45:30 PM PST by gost2
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To: nnn0jeh

ping


28 posted on 02/16/2009 7:45:59 PM PST by kalee (01/20/13 The end of an error.... Obama even worse than Carter.)
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To: marktwain

He probably did not have a permit to dig hole, disturbing the watershed, mitigated by planting tree to decrease his carbon footprint.


29 posted on 02/16/2009 7:47:53 PM PST by Jumpmaster (America's epitaph: We were politically correct!)
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To: marktwain

Sue the city and sell the house to anyone who looks like they are going to be in trouble with the police on a weekly basis.

Let Mrs. Kravitz(yeah, I know the punk is a male) learn to mind his own d@mned business in as painful a way as possible. Being woke up by a domestic call every 3 am would just about do it.

Besides, if you win the case, the police/city are likely to make your life less than pleasant if you stay.


30 posted on 02/16/2009 7:50:15 PM PST by Dr.Zoidberg
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To: marktwain

Thanks for the info.

Interesting and should be a slam case I would think.

Sue the $$$ out of the city then really tick them off and donate the extra money to some gun related charity and make it as public as possible.


31 posted on 02/16/2009 7:50:22 PM PST by jafojeffsurf (Never Quit Never Surrender)
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To: marktwain
Officer 2: "Yes, I drew my gun and pointed it at him."

Attorney: "And why is that?"

Officer 2: "Because he was armed."

I'm sure the good people of your city will remember that when you come to investigate any "unregistered" firearms. Good for you should be good for them. Or do you plan on coming to their houses unarmed, Mr. Officer 2. (Doesn't the guy have a name?)

32 posted on 02/16/2009 7:50:51 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: familyop
...way irrelevant! ...wrong Amendment!

Not at all. If the police and prosecutor think they can violate one protected right, why not another one? What's the difference?

33 posted on 02/16/2009 7:52:03 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: marktwain

Maybe he was planting the Tree of Liberty.


34 posted on 02/16/2009 7:53:51 PM PST by Sender (It's never too late to be who you could have been.)
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To: Natural Law

“Too bad there isn’t a mandatory IQ test to become a LEO.”

I’ve been astonished at the simplicity of the average cop I’ve encountered over the years. There should definitely be a minimum IQ applied to this and many other state jobs.


35 posted on 02/16/2009 7:55:55 PM PST by east1234 (It's the borders stupid! My new enviromentalist inspired tagline: cut, kill, dig and drill)
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To: marktwain

If this goes poorly for him, I encourage all WI FReepers to call the police whenever they see an officer openly carrying a firearm. Apparently this is cause for arrest. All policemen are now open to arrest. Especially if the officer is planting a tree.


36 posted on 02/16/2009 7:57:06 PM PST by Sender (It's never too late to be who you could have been.)
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To: Jumpmaster
And since he was armed in the process it becomes a felony. Next case. I don't know if was in an earlier post today that led me to this or not, but it's a video everyone should watch. Watch, and share with anyone who is important to them. I have to admit, it changed my mind. Before seeing this I would have not hesitated to talk with the police. After all, I have nothing to hide....

Never talk to the police, NEVER!

It's kinda long, but well worth the effort.
37 posted on 02/16/2009 8:01:36 PM PST by jwparkerjr (God Bless America!)
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To: marktwain
Excuse me, but what country did this happen in again?
38 posted on 02/16/2009 8:05:26 PM PST by Kickass Conservative (Obamunism, the fatal cure for Bush Derangement Syndrome.)
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To: familyop
The court is acting improperly by evading the Second Amendment argument.

That might be a Good Thing, at least for Mr. Krause. Right now, whether the second amendment is a constraint on state and local governments is an unanswered question, legally speaking. The similar provision of the Wisconsin Constitution most definitely does constrain state and local governments.

That provision is:

The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

Couldn't be much clearer, could it? Even concealed carry should be allowed, but I imagine it's argued that a concealed weapon is for nefarious purposes, not "security, defense, hunting, recreation or any other lawful purpose. The ones who argue thus are wrong, hoplophobes often are.

39 posted on 02/16/2009 8:05:32 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: east1234
"I’ve been astonished at the simplicity of the average cop I’ve encountered over the years."

You have to ask what it is that draws one to become a cop. Too often it is driving around in a shiny "chick magnet", wearing a cool uniform, and being able to "thump" the guys who dissed you in high school. Let's not forget that officer safety is now the primary objective.

40 posted on 02/16/2009 8:07:11 PM PST by Natural Law
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