bnhcomputing
Member
- Joined
- Feb 9, 2007
- Messages
- 36
http://www.bootsandsabers.com/index.php/weblog/permalink/open_carry_in_court/
From the email.
If you can attend, please do so and support Mr. Krause
From the email.
If someone disagreed with you about an article or story you published and then complained to the police who came into your business and arrested you for disorderly conduct, would that incident be newsworthy?
What if the police arrested you for disorderly conduct while you were exercising any other constitutionally protected right because someone did not want you to exercise your right? Would you want to tell the people of Wisconsin how fragile it is to exercise their rights?
Once arrested, do you think an employer or all your friends and neighbors would understand or would some of them want to maintain more distance with you? Unfortunately, being arrested is the same thing as being found guilty to many people in the court of public opinion. The police don’t arrest innocent people just for exercising a constitutionally protected right after all. That would be outrageous.
Or do they?
Please come (or send a reporter) to the West Allis City Courthouse on Tuesday December 16th at 8 am when this question will be answered in court.
On August 22, Brad Krause was planting trees in his yard, at least until police stormed his residence and arrested him. It turns out they received a call from a man who said he didn’t appreciate that Brad carried a gun, and wanted something done about it.
The West Allis police department sent two squads to investigate, and found Brad in his yard, minding his own business planting trees. From behind him, police rushed him, yelling, “Don’t move!” while bearing down on him with their weapons drawn.
They shortly discovered Brad had no criminal record and was lawfully openly carrying on his own property, but instead of releasing him and returning his weapon, they tried to figure out how to arrest him. A call to the supervising lieutenant provided the answer: claim his action of carrying a weapon is disorderly conduct, and haul him down to the station. His firearm was taken away from him without a receipt, and it has not been returned. The police have effectively banned his exercise of his right by disarming him.
The fact is that Wis. Stat. § 941.23 does not ban or prohibit the lawful carrying of firearms by citizens. By enacting the law, the legislature intended to force citizens to openly carry their firearms while in public, which is what Mr. Krause was lawfully doing (additionally, he was on his own property).
Mr. Krause is self employed as a property manager and this action by the City of West Allis has cost him long term business relationships. The police had him standing in handcuffs on his own property for 45 minutes with squad cars parked in front of his residence while they tried to figure out a way to arrest him. Fortunately, Mr. Krause had taken a friends advice and he had a voice recorder with him and the entire incident was recorded and it has been transcribed.
Civil rights are very important – all of them – which is why they are protected from governmental actions just like this. The media would be all over this story if a voter had been wrongly arrested while waiting in line to vote, or a worshipper had been arrested while attempting to enter their place of worship,
or a reporter was arrested while writing an article. The Wisconsin Supreme Court has said an otherwise reasonable exercise of police power cannot be invoked in a way that “eviscerates,” “destroys,” “frustrates,” or “nullifies” the constitutional right to bear arms, yet that is exactly what is being done by law enforcement departments all over Wisconsin today. In Wisconsin, constitutional rights do not expand the police power; they restrict the police power. See Buse v. Smith, 74 Wis. 2d 550, 564, 247 N.W.2d 141 (1976); see also Robert Dowlut & Janet A. Knoop, State Constitutions and The Right to Keep and Bear Arms, 7 Okla. City U. L. Rev 177, 185 (1982) (describing the general application of this principle).That is why this is such an important matter and I am asking for you to publically expose this unlawful use of police power.
If you can attend, please do so and support Mr. Krause
