Mike
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http://dailykenoshan.com/index.php?option=com_content&task=view&id=7411&Itemid=107
A West Allis man was arrested for planting a tree in his yard
Written by Gene German
Friday, 13 February 2009
A West Allis man was arrested for planting a tree in his yard. Officers got a call from a neighbor asking if a person within the city limits can lawfully possess an openly carried weapon and responded by sending two squads. They found Brad Krause digging a hole for the tree lying next to him. Seeing the officers pull up in front of his house, Brad asked, "Can I help you?" The officers drew their weapons on the environmentalist and placed him under arrest.
It turns out the Wisconsin Supreme Court has heard many cases about concealed weapons, each time the Attorney General's office arguing that open carry is explicitly legal, so the concealed carry statute doesn't violate Article I Section 25 of the Wisconsin Constitution. Under then Attorney Jim Doyle the AG's office said in front of the Wisconsin Supreme Court a person could walk down State Street in Madison with an openly displayed weapon and have no problem doing so.
At his first hearing, officers testified they saw a man planting a tree, identified he had a holstered weapon, and automatically drew their guns and pointed them at him while shouting orders. His attorney asked what provoked the officers to use deadly force in such an otherwise uneventful situation. Both officers, who coincidentally carry weapons openly under the same authority granted Mr. Krause by law, answered, "He had a gun."
Krause's next hearing is February 17, 2009 at the West Allis City Courtroom. If the court finds in favor of Mr. Krause, it may mean nearly every citizen can lawfully start carrying a weapon in public. Reporters and cameras are welcome.
http://dailykenoshan.com/index.php?option=com_content&task=view&id=7411&Itemid=107
A West Allis man was arrested for planting a tree in his yard
Written by Gene German
Friday, 13 February 2009
A West Allis man was arrested for planting a tree in his yard. Officers got a call from a neighbor asking if a person within the city limits can lawfully possess an openly carried weapon and responded by sending two squads. They found Brad Krause digging a hole for the tree lying next to him. Seeing the officers pull up in front of his house, Brad asked, "Can I help you?" The officers drew their weapons on the environmentalist and placed him under arrest.
It turns out the Wisconsin Supreme Court has heard many cases about concealed weapons, each time the Attorney General's office arguing that open carry is explicitly legal, so the concealed carry statute doesn't violate Article I Section 25 of the Wisconsin Constitution. Under then Attorney Jim Doyle the AG's office said in front of the Wisconsin Supreme Court a person could walk down State Street in Madison with an openly displayed weapon and have no problem doing so.
At his first hearing, officers testified they saw a man planting a tree, identified he had a holstered weapon, and automatically drew their guns and pointed them at him while shouting orders. His attorney asked what provoked the officers to use deadly force in such an otherwise uneventful situation. Both officers, who coincidentally carry weapons openly under the same authority granted Mr. Krause by law, answered, "He had a gun."
Krause's next hearing is February 17, 2009 at the West Allis City Courtroom. If the court finds in favor of Mr. Krause, it may mean nearly every citizen can lawfully start carrying a weapon in public. Reporters and cameras are welcome.