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."
Good news.
Thank you!
I’m in!
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.
“There’s no requirement to justify why you’re able to exercise constitutional rights..”
Amen!!
At last, someone says the “un-sayable”
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.
I’m at work, but I’ll ping the WI list when I get home. :)
Thank you!
I did....
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.
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
Nice to see a sane ruling.
Bang!
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!
Thanks.
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.
Nazis. It’s here.
Good news is in short supply lately. This is definitely Good News! :D
Beautiful.
Needs to immediately sue the police.
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