Posted on 02/18/2009 8:45:45 AM PST by baldeagle390
West Allis - As Brad Krause planted a tree in his yard last summer, a neighbor noticed that in addition to a shovel, Krause had a tool not usually required for yard work - a gun in a holster.
Police arrived and gave Krause a ticket alleging disorderly conduct, launching a case that a national gun-rights group has been watching for months.
On Tuesday, Krause won acquittal in what some advocates say is one of the first so-called open-carry gun cases heard in a Wisconsin court.
Municipal Judge Paul Murphy said he had reviewed several state statutes and court cases related to the right to keep and bear arms. "There being no law whatsoever dealing with the issue of an unconcealed weapon or the so-called open carry is why we're here today," Murphy said.
In the end, he determined Krause's actions did not rise to disorderly conduct and found him not guilty.
City Attorney Scott Post declined to comment Tuesday.
Police responded to Krause's home in August after the neighbor called. They arrested Krause, gave him a disorderly conduct ticket and seized his gun.
Krause hired an attorney, Steven Cain, and fought the charge during a court trial in December.
After Murphy's ruling Tuesday, Krause said the significance of the case extends beyond gun rights.
"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. Asked why he was carrying a gun to plant 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."
His attorney said the overarching issue in the case was whether it is legal to openly carry a gun.
"The law in Wisconsin really only limits concealed carry," Cain said. Cain argued that the U.S. Supreme Court decision last year that found Washington, D.C.'s gun ban unconstitutional 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."
West Allis Deputy Chief Rick Balistrieri said Tuesday's verdict will not change the way his officers respond to similar calls, noting they must assess all calls on a case-by-case basis, particularly when a gun is involved.
Krause's case had been one of several around the country followed closely and promoted by Virginia-based OpenCarry.org.
"Really, the larger issue is not even a gun rights issue," said organization co-founder John Pierce. "It's the issue of having a disorderly conduct statute that is a catch-all statute for otherwise legal behavior."
Cincinnati has a petty tyrant named Simon Leis that holds a similiar disdain for court rulings he doesn’t approve of.
Let the civil rights lawsuits commence.
Some idiots will only change their behavior based on the likelihood of a successful lawsuit.
Every single time a disorderly conduct statute is misused to deny someone his rights, a suit should be filed before the officer's shift ends.
Translation: "We will continue arresting people for legal conduct." I assume he's asking for stimulus money to buy jackboots for his men as well (I'm generally in favor of law enforcement, but that comes to an end when they go beyond the law).
I hope this nosy neighbor gets sued for all he has. He deserves to lose everything.
I wonder if the cops will return his property?
He was on his own property and the gun was in the holster?
Man, what’s wrong with that. I walk out of the house, gun in hand, every time I hear a strange noise. Better watch myself. :-(
Let the anti-gun Nazis suck on that!
Wow, now here's a real rarity! Someone who knows his Constitutional rights and isn't afraid to exercise them.
Holster up in support, everybody.
Not every strange noise, but I'm in Texas, and don't have any qualms about open carry on my property.
Of course, I actually know my neighborhood officers, and they know me.
In fact, the animal control officer brings local strays by for me to identify or (she hopes) adopt. Regularly.
/johnny
“Not every strange noise...”
Well, I’ll admit I exaggerated.
Disturbing the peace is another miss-used charge.
Now can he sue the police department out of existence?
Its not different than having a a pocket knife or a first aid kit. Furthermore as the case lays out, its nobody's business.
“Cincinnati has a petty tyrant named Simon Leis that holds a similiar disdain for court rulings he doesn’t approve of.”
Sounds like either a mandamus action or a suit for official oppression is in order.
Colonel, USAFR
This reminds me of a story from Texas, years ago. A young man was sitting on his front porch, drinking a beer. A policeman on the sidewalk in front of his house ordered him to what amounted to “come over here so I can arrest you for public intoxication.”
The young man yelled back at the policeman that he was on his own property, that the policeman had no warrant, and that he could go to heck, or words to that effect.
The policeman continued to yell at him, and the young man foolishly decided to confront of policeman, by approaching him, but being very careful to stay on his front lawn. From there, their loud argument continued.
The young man, however, unwarily was lured by the policeman to move laterally towards a light pole on his property. The ground in a circle at the base of such a light pole is city property.
And the second the young man set a foot within this small circle, the policeman pulled his billy club, and with a resounding “crack!”, hit the young man on the side of the head, prior to arresting him.
This should serve as a lesson to us all.
“Not every strange noise, but I’m in Texas, and don’t have any qualms about open carry on my property.”
Probably shouldn’t admit this, but I actually try to time my return from the range and removal from the trunk of my tightly-grouped silhouette target for when the neighbor’s teenage twit of a kid is outside.
Colonel, USAFR
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