imported post
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
Dear sir:
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.
respectfully,
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