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Thread: Milwaukee Journal-Sentinal updates open cary coverage, adds video

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    http://www.jsonline.com/news/crime/39722082.html- see video link

    West Allis man not guilty in open carry gun case
    By Linda Spice of the Journal Sentinel


    Posted: Feb. 17, 2009 12:26 p.m.




    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."

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    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.
    Guess we'll see if he's still singing that tune after the civil lawsuit is done... I wonder how many it will take?

    TFred


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    A wonderful and not unexpected outcome. I hope TFred is right about legal actions. Substantial monetary sanctions are about the only thing that impresses these people.
    I wonder if the antis' next step will be to question the judicial and even mental competence of the judge. It wouldn't surprise me. After all, smears are one of their favorite devices.

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    There are two primary types of individuals who becomes police officers, those that at least start with the idea of being a protector, a white knight, some one who can make a difference, and then there are the bullies, those that started out as bullies or were bullied and want some pay back. We seem to be running out of the former and being all too much lately being stuck with the latter. To all LEO's if you fit into the first category, God bless you, for you are truly heroes among men, but to those that fall into the second, get a life, and go somewhere where you won't bother us.

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    Tex4OC wrote:
    There are two primary types of individuals who becomes police officers, those that at least start with the idea of being a protector, a white knight, some one who can make a difference, and then there are the bullies, those that started out as bullies or were bullied and want some pay back. We seem to be running out of the former and being all too much lately being stuck with the latter. To all LEO's if you fit into the first category, God bless you, for you are truly heroes among men, but to those that fall into the second, get a life, and go somewhere where you won't bother us.
    Exactly, but this occurance is much deeper rooted than just lately. I have seen this behavior for over 20 years from some of the LEO's I have known since childhood.

    Not all arebullies, but the ones that are can and will stink up the reputation of the entire town.

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    I pretty much hate handguns. (Bear with me, please.)

    I hate that criminals have them for putting holes in people.

    I hate that law-abiding citizens feel that they need them for putting holes in people.

    Be that as it may, I share what I am sure is your satisfaction at the outcome of the case of Brad Krause.

    If anybody is packing, I sure as hell want to know whichones they are!

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    Ludwg1251 wrote:
    I pretty much hate handguns. (Bear with me, please.)

    #2:I hate that criminals have them for putting holes in people.

    I hate that law-abiding citizens feel that they need them for putting holes in people.

    #4:Be that as it may, I share what I am sure is your satisfaction at the outcome of the case of Brad Krause.

    If anybody is packing, I sure as hell want to know whichones they are!
    You, Sir, are misdirected, except for sentances two and four.

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    Pointman wrote:
    One of the last places we'd expect unbiased reporting did the best job. Milwaukee Journal/Sentinel reporter Linda Spice put together an excellent article and video covering why our rights are important and who deserves the credit. Take a few minutes out of your busy day to look at both again. Notice the flag flying in the background, and pair it with the truth being spoken. Powerful stuff you can be proud of from a guy who's obviously thankful for the troops service to our country.

    We should send her a brief e-mail thanking her for getting it right. (lspice@journalsentinel.com)
    +1 as usual, Pointman. Thanks for the email link. Read the story, watched the video and dropped the reporter a thank-you. We need more great examples like Brad Krause and more reporters like Linda Spice getting the story right.

    +1000 to Brad Krause!

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    Krause probably has a civil rights claim under Section 1983 (violating civil rts under color of state law) - and only the state itself has immunity; local govt as well as the officers who arrested him are potentially liable -

    The police never should have let it get past the stage of investigating the call; they should have seen he was not disorderly and wished him a good day.

    Unless this is a test case, I suggest Krause google "Section 1983 Claims" - if anyone knows him, please pass this to him -

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    "West Allis Deputy Chief Rick Balistrieri said Tuesday's verdict will not change the way his officers harrass law abiding gun owners when respond to similar calls, noting they must assess all calls on a case-by-case basis, particularly when a gun is involved." - fixed

    In other words, The police will continue to voilate someones rights as they see fit.
    Revelation 1911 - And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

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