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KENTUCKYREDBONE
02-19-2009, 07:04 AM
MSNBC.com


Judge: Man Can Carry Gun Openly
WTMJ-TV and JSOnline.com
updated 12:55 p.m. ET, Wed., Feb. 18, 2009
A West Allis municipal judge said a resident was within his rights to carry a gun while planting a tree on his property.

WEST ALLIS, Wis. (AP) -- A West Allis municipal judge said a resident was within his rights to carry a gun while planting a tree on his property.

Judge Paul Murphy found Brad Krause not guilty Tuesday of disorderly conduct in a case that has drawn the interest of gun rights advocates.

"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," Krause said after the hearing. "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.

"My wife was very worried that she would be a widow in short order because I was planting a tree."

A message left for West Allis Police Chief Mike Jungbluth by The Associated Press was not immediately returned. West Allis City Attorney Scott Post declined to comment.

Police responded to Krause's home in August after a neighbor called to ask about the legality of him openly carrying a hand gun in a holster on his property. Police arrested Krause, ticketing him for disorderly conduct. Police also seized his gun.

"The big overarching issue is whether open carry is legal," Krause's attorney Steven Cain said. "The law in Wisconsin really only limits concealed carry. The law in Wisconsin, as we see it, is that open carry is absolutely legal, protected, and should be."

Krause declined to explain why he was carrying a gun to plant a tree.

"There's no requirement to justify why you're able to exercise constitutional rights," Krause said. "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."

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Information from: Milwaukee Journal Sentinel, http://www.jsonline.com

(Copyright 2009 by The Associated Press. All Rights Reserved.)

URL: http://www.msnbc.msn.com/id/29257970/

Oddtodd76
02-19-2009, 11:09 AM
i like that judge!

County Mike
02-19-2009, 11:36 AM
Finally! A verdict I can agree with.

Llamafighter
02-19-2009, 02:18 PM
I this day and age when people are being set upon by 200lb gorillas in Connecticut, I think we should all be able to carry a pistol on our side.

Bartenders don't serve you if you're carrying
if you get stopped for intoxication and you're carrying
drug possession while carrying
on probation while carrying
felon's lose the right.
the concealment creates most of the problems.
plaxico wouldn't have shot himself if he hadn't tried to conceal his firearm in his sweatpants

treat it like operating a car which is twice as dangerous.

Chuck
02-19-2009, 02:21 PM
I this day and age when people are being set upon by 200lb gorillas in Connecticut, I think we should all be able to carry a pistol on our side.

Bartenders don't serve you if you're carrying
if you get stopped for intoxication and you're carrying
drug possession while carrying
on probation while carrying
felon's lose the right.
the concealment creates most of the problems.
plaxico wouldn't have shot himself if he hadn't tried to conceal his firearm in his sweatpants

treat it like operating a car which is twice as dangerous.

I'm all for gun rights and I do carry concealed and have for years...


but I don't think we should carry openly. I think the possibility of having it snatched out of your holster would scare me.

I know... plenty of holsters including some of mine have straps etc... but I still don't like the idea..

my .02 on this chilly Thursday morning.

Llamafighter
02-19-2009, 03:38 PM
I'm going to start carrying a katana on my belt.

VCURamFan
02-19-2009, 04:26 PM
Man, it's fantastic that the judge got this one right.

And Chuck, while I understand that you're saying it may not be wise to carry openly, you're not saying that you believe the government should legislate away our right to carry openly, are you?

VCURamFan
02-19-2009, 04:27 PM
I'm going to start carrying a katana on my belt.That's because you're one BAMF!

Chuck
02-19-2009, 04:46 PM
I'm going to start carrying a katana on my belt.

That's a big ass belt you got amigo :D
http://i201.photobucket.com/albums/aa291/moonman102788/Suzuki-Katana-750.jpg

Chuck
02-19-2009, 04:56 PM
Man, it's fantastic that the judge got this one right.

And Chuck, while I understand that you're saying it may not be wise to carry openly, you're not saying that you believe the government should legislate away our right to carry openly, are you?

I don't belive we have a right to carry openly... at least not one provided by the 2nd amendment.

I wouldn't have a problem with laws the prevent carrying openly as long as we're still able to carry concealed. There is really no need to carry openly. I think you're mostly either a) asking for trouble or b) dealing with some insecurities....

I don't think I would vote for a law like that but I wouldn't be opposed to a law that is already on the books.

VCURamFan
02-19-2009, 05:05 PM
I don't belive we have a right to carry openly... at least not one provided by the 2nd amendment.

I wouldn't have a problem with laws the prevent carrying openly as long as we're still able to carry concealed. There is really no need to carry openly. I think you're mostly either a) asking for trouble or b) dealing with some insecurities....

I don't think I would vote for a law like that but I wouldn't be opposed to a law that is already on the books.OK, I don't have time to respond at length right now (stupid classes!!!), but I will get back to this. In the mean time, I figured I'd be helpful & post the 2nd Amendment, so that anyone jumping into this conversation can have the source document at hand & not guess at the wording:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

rockdawg21
02-19-2009, 05:21 PM
WAR JUDGE PAUL MURPHY!!!!!!!

matthughesfan21
02-19-2009, 05:30 PM
I'm all for gun rights and I do carry concealed and have for years...


but I don't think we should carry openly. I think the possibility of having it snatched out of your holster would scare me.

I know... plenty of holsters including some of mine have straps etc... but I still don't like the idea..

my .02 on this chilly Thursday morning.I tend to agree with this, and in reference to llama about Burress, he shouldn't have been carrying anyways, he didn't have a CC license

Llamafighter
02-19-2009, 05:33 PM
I tend to agree with this, and in reference to llama about Burress, he shouldn't have been carrying anyways, he didn't have a CC license

Sorry, I wasn't talking specifically about Burress. I was talking generally.

matthughesfan21
02-19-2009, 05:48 PM
Sorry, I wasn't talking specifically about Burress. I was talking generally.
oh ok then

KENTUCKYREDBONE
02-20-2009, 07:30 AM
Personally I don't even like the idea that you need a Licence!

Josh
02-20-2009, 09:25 AM
I tend to agree with Chuck on this one. I carry and will continue to do so for as long as I legally am able. It is not safe in my opinion to carry in the open though and I think it could put a person in more danger as they would most likely be the target in a heated situation.

County Mike
02-20-2009, 02:17 PM
I agree with no license required at all. Just like the old west.

Josh
02-20-2009, 09:33 PM
I agree with no license required at all. Just like the old west.
I agree that a liscense should not be required I just think it's a bad idea to carry in the open.

Tyburn
02-22-2009, 09:35 AM
I'm going to start carrying a katana on my belt.
:laugh: