Posted on 03/06/2010 8:39:27 AM PST by Wisconsin Carry Inc
For Immediate Release:
On September 9th, 2009 Wisconsin Carry, Inc. member Frank Hannan-Rock of Racine was unlawfully arrested while open-carrying on the front porch of his home in Racine.
http://www.journaltimes.com/news/local/crime-and-courts/article_60ad9e26-9f35-11de-8896-001cc4c002e0.html
On January 8th Wisconsin Carry, Inc. filed a federal lawsuit against the State of Wisconsin, City of Racine, 2 Racine Police officers, The City of Milwaukee and one Milwaukee Police Officer. In this lawsuit we challenge the constitutionality of Wisconsin's Gun-Free-School-Zone Act. In this lawsuit we also brought on 2 Wisconsin Carry, Inc. Members as co-plaintiffs. Frank Hannan-Rock of Racine was one of these co-plaintiffs.
A copy of the lawsuit can be viewed here:
http://www.wisconsincarry.org/pdf/GFSZ_Complaint.pdf
Frank was lawfully open-carrying on his own porch when Racine Police, who were summoned to his neighborhood on an unrelated call, observed and questioned Frank because he was open-carrying. After a few minutes of increasingly aggressive questioning Frank exercised his right to remain silent and was subsequently unlawfully arrested for obstruction of justice for refusing to give his name. In the state of Wisconsin no law allows officers to arrest for obstruction on a person's refusal to give his or her name. "Mere silence is insufficient to constitute obstruction. Henes v. Morrissey, 194 Wis. 2d 339, 533 N.W.2d 802 (1995)"
Details of Frank's encounter can be viewed by going to our website http://www.wisconsincarry.org and clicking on the October 16th blog entry.
Frank was unlawfully arrested and his firearm illegally seized. He was later released without being charged.
Wisconsin Carry, Inc. filed suit on Frank's behalf for his unlawful detainment, arrest, and seizure of his firearm.
On behalf of myself, the board of Wisconsin Carry, Inc. and all of our members, we are pleased to announce that The U.S. District Court for the Eastern District of Wisconsin has entered a judgment in the amount of $10,000 in favor of Wisconsin Carry, Inc. and Frank Hannon-Rock and against the City of Racine and two Racine police officers.
We look forward to the precedent that this case will set for other municipalities who's police officers operate outside of their legal authority and unlawfully detain, arrest, and seize property of law-abiding open-carriers.
A copy of this judgment can be viewed here:
http://www.wisconsincarry.org/pdf/JudgmentAgainstRacine.pdf
Cool. And Welcome to FR.
Excellent news! In my view, ALL guns belong to ‘We The People’ and the weapons carried by law enforcement are merely ‘on loan’ from said W.T.P., and before they apply their badge and authority, they better know for sure they are operating within the confines of the Constitution.
This story was one of the best “Hello my name is_____ and I am glad to be a Freeper” type things I ever read.
Welcome.
And PS: Welcome to FR!
Awesome! Welcome to FR!
Welcome to Free Republic. Great initial post.
Howd’ja arrive at the 10K figure?
$10k is not nearly enough to discourage them from becoming repeat offenders.
Maken my heart feel good this morning. Welcome.
Did he get his gun back and was it undamaged when returned?
Did he get his firearm back?
A win for the good guys.
Great news and even GREATER JOB!! Thank you for your service to actual Americans! Remarkable that a judge was found in liberal Wisconsin who would actually follow the law.
They bearded him on his own front porch? WTF, over?
Good News and Welcome to FR.
$10K is more than a nominal amount—which might have been a dollar, and it helps reimburse costs. The important thing is the precedent set by this case. If the other side appeals, I suspect they will only be in worse trouble.
I doubt if they will be in a hurry to do it again, because with this precedent they could be in a lot worse trouble the next time.
Welcome to FR!
1. There is NO APPEAL! Racine agreed to the judgment giving up their right to appeal.
2. Yes, they returned his firearm last October, you can visit: http://www.wisconsincarry.org and click on the October 16th blog entry.
This is only the beginning, just the first step in removing the erroneous GFSZA. If you are a freedom minded individual and would like to help us continue the fight, please join Wisconsin Carry, Inc.
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