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West Allis man not guilty in open carry gun case
Milwaukee Journal Sentinel ^ | 2/17/09 | Linda Spice

Posted on 02/17/2009 11:24:45 AM PST by Kryptonite

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 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."


TOPICS: Culture/Society; Extended News; Front Page News; News/Current Events; US: Wisconsin
KEYWORDS: arms; bang; banglist; bradkrause; disorderlyconduct; donutwatch; krause; leo; opencarry; shallnotbeinfringed
Anybody got a Wisconsin ping list? This is pretty good news for open carry rights in Wisconsin. Using disorderly conduct charges to arrest folks legally carrying their weapons out in the open has to stop.
1 posted on 02/17/2009 11:24:45 AM PST by Kryptonite
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To: Diana in Wisconsin; ButThreeLeftsDo

Pass this around please.


2 posted on 02/17/2009 11:25:30 AM PST by Kryptonite (Keep Democrats Out of Power!)
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To: Kryptonite

This is a case where lawsuits are merited.


3 posted on 02/17/2009 11:25:49 AM PST by Red in Blue PA (If guns cause crime, then all of mine are defective.)
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To: Kryptonite

Time to start owning police departments, and even neighbors, via civil suits who either don’t know the law, don’t care to know it.


4 posted on 02/17/2009 11:26:57 AM PST by mgc1122
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To: Kryptonite

If there was truly justice in this case, the jack booted thug cops who arrested him would be taken out on the front steps of the courthouse and flogged with a horse whip to within a whisker of their lives. Then fired.


5 posted on 02/17/2009 11:27:32 AM PST by rednesss (Fred Thompson - 2008)
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To: Red in Blue PA
This is a case where lawsuits are merited.

Indeed. The cops should lose their Sovereign Immunity in this case. They allegedly had a discussion about finding something to charge the guy with.

Then it's time to go after the city for malicious prosecution, and a Federal Civil Rights suit under 18USC241 might be in order as well.

L

6 posted on 02/17/2009 11:28:09 AM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Red in Blue PA

File against the city, the police department, each officer involved and their chief.


7 posted on 02/17/2009 11:28:39 AM PST by Eric in the Ozarks
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To: Kryptonite

This is good news, and we need to do more. We should support and participate in “open carry days” to remind people that it is a constitutional right to keep and BEAR arms.


8 posted on 02/17/2009 11:29:18 AM PST by SaxxonWoods (Charter Member, 58 Million Club)
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To: Kryptonite
"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.

Adaboy, Krause!

9 posted on 02/17/2009 11:29:59 AM PST by DTogo (Time to bring back the Sons of Liberty.)
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To: Kryptonite
"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."

We need more Americans to think that way.

"Why do you need a gun?"
"I don't need a reason, pinhead."

10 posted on 02/17/2009 11:30:39 AM PST by Bloody Sam Roberts (All the oil's in Texas...but all the dipsticks are in Washington, DC.)
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To: SaxxonWoods
We should support and participate in “open carry days”

The best way to observe that is by organizing a rally and get as many people to show up lawfully armed as is possible.

11 posted on 02/17/2009 11:32:35 AM PST by MahatmaGandu (Remember, remember, the twenty-sixth of November.)
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To: Kryptonite

I am pleasantly surprised that the Milwaukee Journal-Sentinel played this straight up in their reporting. Good for them. However, I’m sure the editorial board will rail against this in a few days.


12 posted on 02/17/2009 11:34:30 AM PST by Obadiah (Party - my house - on December 22, 2012!)
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To: Kryptonite
VERY nice!

And a nice F--- You Very Much to that State's VERY anti-gun governor, too!

13 posted on 02/17/2009 11:38:20 AM PST by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: Kryptonite
I salute Brad Krause. Wish there were more people like him
14 posted on 02/17/2009 11:40:42 AM PST by paul51 (11 September 2001 - Never forget (July 4, 2009 see you there))
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To: Kryptonite

Violation of civil liberties. He should now sue.


15 posted on 02/17/2009 11:41:40 AM PST by SampleMan (I'm not drinking the kool aid! Is it 2013 yet?)
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To: rednesss

pillory, rotten fruits and vegetbles, public humiliation for a period of 24 hours, entered into the “inelegible for future public service” database, and then termination with loss of pension would be suitable enough?


16 posted on 02/17/2009 11:42:38 AM PST by woollyone (I believe God created me- you believe you're related to monkeys. Of course I laughed at you!)
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To: Kryptonite
FReeper in the court room. After Action Report.
17 posted on 02/17/2009 11:43:02 AM PST by Dead Corpse (Utinam coniurati te in foro interficiant)
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To: paul51

Let’s hope he sues the S#!T out of the cops and the city. Consitutional rights are something these people don’t understand, but the sure understand MONEY!


18 posted on 02/17/2009 11:43:26 AM PST by Kartographer
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To: Kryptonite

bump for later. he did a great job in a radio interview with Vicki McKenna.


19 posted on 02/17/2009 11:43:53 AM PST by the crow (typical and bitter)
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To: Kryptonite

So when does he get his illegally confiscated property back?


20 posted on 02/17/2009 11:43:56 AM PST by Billthedrill
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To: Kryptonite

Good news.


21 posted on 02/17/2009 11:44:38 AM PST by Eagles6 ( Typical White Guy: Christian, Constitutionalist, Heterosexual, Redneck. (Let them eat arugula!))
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To: Dead Corpse

Thank you!


22 posted on 02/17/2009 11:46:53 AM PST by Kryptonite (Keep Democrats Out of Power!)
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To: MahatmaGandu

I’m in!


23 posted on 02/17/2009 11:47:19 AM PST by RandallFlagg (Satisfaction was my sin)
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To: rednesss
If there was truly justice in this case, the jack booted thug cops who arrested him would be taken out on the front steps of the courthouse and flogged with a horse whip to within a whisker of their lives. Then fired.

Better yet, the STUPID, nosey, liberal who called this into police should be made to pay all expenses incurred by all who this touched, ie; City, County and this Civilians legal defense bills. Add to that pain and suffering by both him and his wife.

24 posted on 02/17/2009 11:48:10 AM PST by lula ( If con is the opposite of pro, is Congress the opposite of progress?)
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To: Kryptonite

“There’s no requirement to justify why you’re able to exercise constitutional rights..”

Amen!!

At last, someone says the “un-sayable”


25 posted on 02/17/2009 11:56:47 AM PST by Pessimist
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To: lula
"and this Civilians"

Why make a distinction, Police and the courts are "civilians" as well, although they like to think of themselves as militarized now. Thank you War on Drugs.

26 posted on 02/17/2009 11:58:22 AM PST by rednesss (Fred Thompson - 2008)
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To: Kryptonite; muawiyah

I’m at work, but I’ll ping the WI list when I get home. :)


27 posted on 02/17/2009 12:04:11 PM PST by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: Kryptonite

Thank you!

I did....


28 posted on 02/17/2009 12:06:23 PM PST by ButThreeLeftsDo (This Ain't No Party.....This Ain't No Disco..........)
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To: Iowa Granny; Ladysmith; Diana in Wisconsin; JLO; sergeantdave; damncat; phantomworker; joesnuffy; ..

If you’d like to be on or off this Upper Midwest/outdoors/rural list please FR mail me. And ping me is you see articles of interest.


29 posted on 02/17/2009 12:07:12 PM PST by SJackson (a tax cut is non-targeted…no guarantee…they’re free to invest anywhere that they want, J Kerry)
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To: Kryptonite

Found the following which is a really good summary of this case and several others around the country.

‘Open-carry’ becoming central gun-rights issue”
http://www.lakelandtimes.com/main.asp?SectionID=9&SubSectionID=9&ArticleID=8970


30 posted on 02/17/2009 12:08:53 PM PST by baldeagle390
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To: Kryptonite

Nice to see a sane ruling.


31 posted on 02/17/2009 12:13:48 PM PST by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: bamahead; Joe Brower

Bang!


32 posted on 02/17/2009 12:15:23 PM PST by EdReform (The right of the people to keep and bear Arms shall not be infringed *NRA*JPFO*SAF*GOA*SAS*CCRKBA)
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To: Kryptonite

Now to launch about a thirty million dollar lawsuit against the nosy, a$$hat neighbor who started the whole magilla. Invasion of privacy...whatever. Wipe the clown out and make pi$$ants of this kind think before deciding their psyche has been damaged by someone exercising his rights!


33 posted on 02/17/2009 12:17:37 PM PST by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: baldeagle390

Thanks.


34 posted on 02/17/2009 12:22:16 PM PST by Kryptonite (Keep Democrats Out of Power!)
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To: Kryptonite

This guy needs to sue the cop personally to send a message to overzealous leos.Make sure the law is on your side or suffer the consequences.He should also sue the DA.


35 posted on 02/17/2009 1:33:50 PM PST by HANG THE EXPENSE (Defeat liberalism, its the right thing to do for America.)
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To: Kryptonite

Nazis. It’s here.


36 posted on 02/17/2009 1:52:11 PM PST by pabianice
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To: Oldpuppymax
West Allis Krauseberg, WI." Has a nice ring to it. ;)
37 posted on 02/17/2009 2:04:35 PM PST by shoutingandpointing
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To: Kryptonite

Good news is in short supply lately. This is definitely Good News! :D


38 posted on 02/17/2009 2:30:23 PM PST by buschbaby (still bitterly clinging to the American dream....)
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To: Kryptonite
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"

Beautiful.

39 posted on 02/17/2009 2:42:24 PM PST by Uncle Miltie (A trillion here, a trillion there, and pretty soon you are talking about Zimbabwe money.)
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To: Kryptonite

Needs to immediately sue the police.


40 posted on 02/17/2009 3:30:43 PM PST by TASMANIANRED (TAZ:Untamed, Unpredictable, Uninhibited.)
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To: Kryptonite

And, it was on his OWN property that he was carrying!! Cops who’d arrest him give a BAD NAME to PIGS everywhere!


41 posted on 02/17/2009 6:27:25 PM PST by 2harddrive (...House a TOTAL Loss.....)
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To: rednesss

If there was truly justice in this case, the jack booted thug cops who arrested him would be taken out on the front steps of the courthouse and flogged with a horse whip to within a whisker of their lives. Then fired.


This is a good suggestion; I fully second it. A similar punishment should be meted out to the nosey neighbor who started this case.


42 posted on 02/17/2009 7:27:58 PM PST by Marechal (In Ulcisci, Fidelitas)
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To: Marechal
Can I point out that the neighbor was stupid and nosy, but all he did was call the Brute Squad and ask, "Can he do that?"

The proper response, to the nosykins, knot-knickered pantywaist, from the the skinhead, bloused booted, badge heavy thugs SHOULD have been, "Yes, he can. Now go away."

43 posted on 02/17/2009 8:53:26 PM PST by jonascord (Hurray! for the Bonny Blue Flag that bears the Single Star!)
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To: lula
Better yet, the STUPID, nosey, liberal who called this into police should be made to pay all expenses incurred by all who this touched, ie; City, County and this Civilians legal defense bills.

If the police had acted reasonably, the neighbor would have been informed that wearing a holstered gun is in most cases (including this one) 100% legal. I don't think the neighbor should be liable for the unreasonable actions of police and prosecutors.

44 posted on 02/17/2009 9:17:35 PM PST by supercat (Barry Soetoro == Bravo Sierra)
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To: jonascord
The proper response, to the nosykins, knot-knickered pantywaist, from the the skinhead, bloused booted, badge heavy thugs SHOULD have been, "Yes, he can. Now go away."

This is a BIG step in that direction. I have my doubts the city will appeal and therefore this case will retain some precedential or persuasive value. I would love to argue this guy's case until the cows come home.

45 posted on 02/17/2009 9:18:06 PM PST by Kryptonite (Keep Democrats Out of Power!)
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To: shoutingandpointing
Krauseberg, WI." Has a nice ring to it. ;)

LOL!

46 posted on 02/17/2009 9:19:42 PM PST by Kryptonite (Keep Democrats Out of Power!)
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To: supercat

From the sound of it, the neighbor called the police and asked if carrying the pistol was legal. It wasn’t clear if the neighbor called 911 or the non-emergency number.

I wouldn’t be entirely surprised if this case was a setup to get a verdict in favor of open carry. It is well known that police in the Milwaukee area will issue disorderly conduct citations to those carrying openly and courts have ruled previously in favor of those carrying concealed on their own property.


47 posted on 02/17/2009 9:22:19 PM PST by MediaMole
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