West Allis man not guilty in open carry gun case

[Guest TEBISH]

Did anybody else see this? Good news for open carry. Story started out bad but at least the courts had some common sense yesterday..

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

West Allis - As Brad Krause planted a tree in his yard last summer, a neighbor noticed that in addition to a shovel, Krause had a tool not usually required for yard work - a gun in a holster.

Police arrived and gave Krause a ticket alleging disorderly conduct, launching a case that a national gun-rights group has been watching for months.

On Tuesday, Krause won acquittal in what some advocates say is one of the first so-called open-carry gun cases heard in a Wisconsin court.

Municipal Judge Paul Murphy said he had reviewed several state statutes and court cases related to the right to keep and bear arms. "There being no law whatsoever dealing with the issue of an unconcealed weapon or the so-called open carry is why we're here today," Murphy said.

In the end, he determined Krause's actions did not rise to disorderly conduct and found him not guilty.

[Punisher84]

Good deal. What a dumbass neighbor.

[Kegger]

Great news!!!! Another win for gun owners in WI.

Surprising though, I open carried the entire time I lived in WI and never once got hassled about it.

[Guest canynracer]

he was in his YARD!!!! who cares about open vs concealed...its his YARD...grrr

[memphismason]

he was in his YARD!!!! who cares about open vs concealed...its his YARD...grrr

+100,000,000,000,000,000,000,000,000,000

[Punisher84]

+100,000,000,000,000,000,000,000,000,000

HEY! Isn't that our deficit?!

[cknight8]

can you imagine how much headache and grief this guy has been through all due to a nosey neighbor? i cant believe people cant mind there own d@&* business when something is not hurting anyone...yet look the other way when they see someone getting robbed, mugged, raped, or whatever because they "dont want to be involved"... that really grinds my gears!!!

[Guest tadams]

... ... that really grinds my gears!!!

That's funny.

[Punisher84]

that really grinds my gears!!!

OOOOOOOO He said it! Family Guy FTW

[Guest TEBISH]

i cant believe people cant mind there own d@&* business when something is not hurting anyone...yet look the other way when they see someone getting robbed, mugged, raped, or whatever because they "dont want to be involved"... that really grinds my gears!!!

Good point.

I'd love to get a copy of the 911 call - "My neighbor is swinging a shovel and has a gun - I think he's trying to kill and bury a tree - trees have rights!!!"

Is it also disorderly conduct that he was planting a tree on a day other than Arbor Day?

[Guest jackdog]

HEY! Isn't that our deficit?!

That really hurt man

[Punisher84]

That really hurt man

I know. I posted it, laughed, then was like "Hey wait a minute...that's not funny anymore because it's true"

[Guest db99wj]

The neighbor and prosecution should be fined and have to pay for court costs, pain and suffering for this guy because of dragging him through this. Frivolous.

[Guest pjblurton]

Matthew 18:15-17

15. If your brother sins against you, go and show him his fault, just between the two of you. If he listens to you, you have won your brother over.

16. But if he will not listen, take one or two others along, so that every matter may be established by the testimony of two or three witnesses.

17. If he refuses to listen to them, tell it to the church; and if he refuses to listen even to the church, treat him as you would a pagan or a tax collector.

Loosly translated... Get your nosy ass of the phone to the cops, if you have a problem with your neighbor, talk to him about it!

[Guest DylisTN]

The neighbor and prosecution should be fined and have to pay for court costs, pain and suffering for this guy because of dragging him through this. Frivolous.

prosecution if there was a law.

persecution, because there was no law.

[Falcon1]

From the article linked in the original post:

West Allis Deputy Chief Rick Balistrieri said Tuesday's verdict will not change the way his officers respond to similar calls, noting they must assess all calls on a case-by-case basis, particularly when a gun is involved.

I wonder if the civil-rights-violation lawsuit that follows will change anything?

Good outcome!

[Guest Todd@CIS]

DANG...I was born and grew up in West Allis!

But, this is not really an "open carry" issue since WI has no HCP provision and the man was on his own property.

Hate to say it, but this is just a stupid cop issue.

Edited February 19, 2009 by Todd@CIS

[Guest Todd@CIS]

"West Allis Deputy Chief Rick Balistrieri said Tuesday's verdict will not change the way his officers respond to similar calls, noting they must assess all calls on a case-by-case basis, particularly when a gun is involved."

Funny thing...the Balistrieri family was the main mob "family" in the Milwaukee / West Allis area when I was growing up.

No idea if there is a relation to the Deputy Police Chief...

Edited February 20, 2009 by Todd@CIS

[memphismason]

Deficit.....we aint got no deficit.

[Guest GhostHunter]

HEY! Isn't that our deficit?!

It was a few minutes ago! Now it's went up by a few billion.