Thread: J.B. Van Hollen
Anybody know J. B. Van Hollen's email address? Seems to have been convieniently removed from the DoJ web Site. I know it was there at one time because I sent him email. Another example on how he has become out of tune with things.
Failure to comply may result in discipline up to and including termination.
The free man is a warrior. - Nietzsche "Twilight of the Idols"
Thank you much.
Following is the text of an email I sent to J. B. Van Hollen with copies to my state senator and representative.
15 March 2009
Your support of hunting, fishing and gun rights played a large role in getting you elected as the state's attorney general. That is why I am puzzled by your decision to not get involved in the open carry issue that is currently in wide discussion throughout the state. It is especially disturbing that you refused to give an opinion of the lawfulness of open carry in response to written request from representative Terry Musser, who at that time was a member of the state legislature. An opinion that you are required to give by state statute 165.015.
As you have probably surmised by now I am a supporter of open carry, but more so I am a supporter of the people of Wisconsin having the right to exercise their state constitutional rights without impediment by the law enforcement community. A community that in too many locations treats us as criminals for exercising those rights. On the issue of open carry, a law enforcement community that has resorted to harassment, intimidation and inappropriate use of the state disorderly conduct statute.
I, and other people of Wisconsin want to exercise our constitutional rights. In the concern of open carry, those rights given by Article I section 25 of our state's constitution. We wish to do that without having to look over our shoulder for self serving law enforcement officers that ignore those rights. As the top law enforcement officer in the State it is your duty to serve direction to the law enforcement community and inform them of the people's constitutional rights and the proper enforcement of state statutes. Inform them so that there is universal understanding and enforcement. You may be uncomfortable with coming out with a message that says open carry of firearms is a constitutionally protected right of the people of Wisconsin. If so, so be it. At a minimum we do expect that you would issue a directive to all law enforcement agencies that intimidation, harassment and inappropriate charges of disorderly conduct against people that demonstrate the right to open carry firearms for security, defense, hunting, recreation or any other lawful purpose must cease.
As you are most likely aware, on this past February 17 judge Murphy of West Allis issued his opinion concerning the Brad Krause case. Mr. Krause was planting a tree in his own yard when a neighbor with no ill intentions toward Mr. Krause called the West Allis police department to inquire if such action is lawful. The West Allis police dispatched two squads to the Krause residence. The police converged on Mr. Krause with guns drawn and held him in handcuffs for 45 minutes while they attempted to find a violation to charge Mr. Krause with. They finally determined that they couldn't charge him specifically with carrying an open weapon so they charged him with disorderly conduct for doing so. Mr. Krause was polite, non-combatant and non-argumentative throughout the whole incident. Judge Murphy ruled that the charge of disorderly conduct for open carry of a firearm was not warranted because Mr. Krause was not acting disorderly.
The aftermath of Judge Murphy's ruling in the West Allis police department is especially disturbing. Mr. Krause has publicly stated that the West Allis police warned him that if he carried a firearm again he would again be arrested. It appears the ruling fell on deaf ears. The West Allis police have apparently said that they will not change it's policy in spite of judge Murphy's ruling, even though the state preemption statute does not allow them to have firearm restrictions more severe than the State. That type of disrespect of the judicial and legal process is exactly why your intervention on the subject of open carry is needed. It is a disrespect shown not only in West Allis but scattered throughout the state. Wisconsin is supposed to be a state ruled by law not police power.
Lammie, well said. Unfortunately I don't think Van Hollen gets it. I can tell you however, he is aware of our concerns on this issue and I have seen a email reply from him on this issue. He simply thinks its not his job to issue an opinion, or that it would be illegal for him to do so. I have not however seen an email response from him post-Krause.
I have received a response from my state representative concerning the email on this thread that I sent to J.B. Van Hollen. By the way my email receipt indicates the email to VanHollen was read on Monday Mar.16 at 10:38:30AM. I include the email exchange I had with Rep. Murtha below:
I want to thank you for your prompt response to the email I recently sent to attorney general J.B. Van Hollen. I am very pleased at your comittment to uphold not only our second amendment rights but I'm sure you have the same passion to protect all of our constitutional rights. Not only our federal rights but our state constitutional rights as well. May I remind you that Wisconsin also has a constitutional right to keep and bear arms. It is much more direct and less ambiguous than the second amendment. It simply reads:
Article I section 25 "The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose". It is those rights that are being threatened by inappropriate application of the state disorderly conduct statute 947.01 as I addressed in my email to the AG. Again thank you for taking time from your busy schedule to respond to my email.
----- Original Message -----
Sent: Wednesday, March 18, 2009 9:39 AM
Subject: RE: Law enforcement harassment
Thank you for sharing with me your correspondence to Attorney General Van Hollen. I appreciate knowing where you stand on this very important issue.
I, like you, believe that the Second Amendment is a right and a freedom our citizen should hold dear. I will continue to do what I can to protect our Second Amendment rights and prevent any anti-gun or anti-ammunition bills from being passed here in Wisconsin. I understand that our state’s history and heritage need to be protected and I intend to keep that in mind as I represent you in the State Assembly.
Again, I thank you for bringing your thoughts on this issue to my attention. If you should have any further concerns or questions regarding gun control legislation or any other state government matter, please do not hesitate to contact me.
29th Assembly District
Lammie wrote:was this a verbal threat to Mr. Krause? AFTER the case was decided?Mr. Krause has publicly stated that the West Allis police warned him that if he carried a firearm again he would again be arrested.
DKSuddeth wrote:I'm not sure when the threat was made. I took it from comments Mr. Krause made on the radio interview.Lammie wrote:was this a verbal threat to Mr. Krause? AFTER the case was decided?Mr. Krause has publicly stated that the West Allis police warned him that if he carried a firearm again he would again be arrested.