Results 1 to 7 of 7

Thread: West Allis Wisconsin man not guilty in open carry gun case

  1. #1
    Regular Member
    Join Date
    Aug 2011
    Location
    USA
    Posts
    42

    West Allis Wisconsin man not guilty in open carry gun case

    "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."

    If the SCOTUS said, "that open carry is "an individual right that shouldn't be abridged by law enforcement. Wouldn't this overule the Missouri and other state courts?

    ""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."

    http://www.jsonline.com/news/crime/39722082.html

  2. #2
    Accomplished Advocate
    Join Date
    Apr 2010
    Location
    , ,
    Posts
    1,924
    Quote Originally Posted by For Pete's Sake! View Post
    If the SCOTUS said, "that open carry is "an individual right that shouldn't be abridged by law enforcement. Wouldn't this overule the Missouri and other state courts?
    If they had said that, yepper, it would be great. Unfortunately what you are reading is a lawyers interpretation of what they said and I do not think you are going to find SCOTUS using the term "open carry" in the past or any time soon.

    SCOTUS put out that it was an individual right but not an unregulated one.

    Note that the citizen was on his own property. Even if Olivette bans open carry, they could not come after you on your own property, well they could but it would not stick.

    Public property or other property in which you have no ownership interest, well there they can fool with ya.
    John C. Eastman Associate Dean of Chapman University’s School of Law "the Second Amendment, like its sister amendments, does not confer a right but rather recognizes a natural right inherent in our humanity."

  3. #3
    Regular Member mspgunner's Avatar
    Join Date
    Feb 2009
    Location
    Ellisville, Missouri, USA
    Posts
    1,966
    Even here in Wildwood where OC is a no no (DOC just live with it this time) You can OC on your own property.
    If you pull it, you use it. If you pull it and you don't use it, you've done some thing wrong and you might not get another chance. Think about it before you pack it!
    I worked 24/7 for 2A OC rights! Don't like what I did? Try it yourself, it was my full time job!
    Certified NRA Range Safety Officer - RSO

  4. #4
    Regular Member
    Join Date
    Aug 2011
    Location
    USA
    Posts
    42
    Quote Originally Posted by LMTD View Post
    If they had said that, yepper, it would be great. Unfortunately what you are reading is a lawyers interpretation of what they said and I do not think you are going to find SCOTUS using the term "open carry" in the past or any time soon.

    SCOTUS put out that it was an individual right but not an unregulated one.

    Note that the citizen was on his own property. Even if Olivette bans open carry, they could not come after you on your own property, well they could but it would not stick.

    Public property or other property in which you have no ownership interest, well there they can fool with ya.

    Yes true, but the power of suggestion can be very useful tool. Ask the Progressives, this is how they do it all the time.

  5. #5
    Accomplished Advocate
    Join Date
    Apr 2010
    Location
    , ,
    Posts
    1,924
    Quote Originally Posted by For Pete's Sake! View Post
    Yes true, but the power of suggestion can be very useful tool. Ask the Progressives, this is how they do it all the time.
    LOL

    That one just reaffirmed that open carry is NOT "disturbing the peace" as it is so often tagged.

    We will have to do better than that to sell it. One thing about the progressives, they never buy their own BS
    John C. Eastman Associate Dean of Chapman University’s School of Law "the Second Amendment, like its sister amendments, does not confer a right but rather recognizes a natural right inherent in our humanity."

  6. #6
    Regular Member
    Join Date
    Jul 2008
    Location
    , ,
    Posts
    132
    Quote Originally Posted by For Pete's Sake! View Post
    "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."

    If the SCOTUS said, "that open carry is "an individual right that shouldn't be abridged by law enforcement. Wouldn't this overule the Missouri and other state courts?

    ""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."

    http://www.jsonline.com/news/crime/39722082.html
    Forgive me, but this is OLD NEWS! This happened way back in 2008, and he was found not guilty of the municipal charge in February of 2009. Since then, the AG of WI issued a memo stating OC was not disorderly, several lawsuits have been filed (two won) by WCI, and WI has enacted new CCW legislation that specifically codified in law that OC and/or CC are not disorderly.

    WI is a proud OC state.

    Carry On.

  7. #7
    Regular Member
    Join Date
    Aug 2011
    Location
    USA
    Posts
    42
    Quote Originally Posted by LMTD View Post
    LOL

    That one just reaffirmed that open carry is NOT "disturbing the peace" as it is so often tagged.

    We will have to do better than that to sell it. One thing about the progressives, they never buy their own BS


    That's for sure! But to a Progressives its the ends that justifies the means. Suggestive thought can be a powerful tool. Its the same kind of thing like watching msnbc every night.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •