Skip to comments.West Allis man not guilty in open carry gun case
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."
Pass this around please.
This is a case where lawsuits are merited.
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.
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.
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.
File against the city, the police department, each officer involved and their chief.
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.
We need more Americans to think that way.
"Why do you need a gun?"
"I don't need a reason, pinhead."
The best way to observe that is by organizing a rally and get as many people to show up lawfully armed as is possible.
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.
And a nice F--- You Very Much to that State's VERY anti-gun governor, too!
Violation of civil liberties. He should now sue.
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?
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!
bump for later. he did a great job in a radio interview with Vicki McKenna.
So when does he get his illegally confiscated property back?
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