An important day for freedom in Wisconsin and across the country

West Allis, Wisconsin resident Brad Krause, whose arrest last year for legally openly carrying a holstered firearm on his own property won the West Allis Police Department Jack-Booted Thug(s) of the Week status here, was acquitted today of the bogus disorderly conduct charge by a judge.

"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."

Exactly. If openly carrying a holstered handgun in Wisconsin, just like any other behavior or activity there, is not made specifically illegal by statute (which it isn't), then it is by definition legal. The peasants are not (yet) in the position of having to prove a negative when it comes to their lifestyle choices - in other words, it's up to the police to prove that something is against the law, rather than the citizen having to prove that it isn't.

Actually, all the justification Krause needed is contained right in the Wisconsin Constitution (Article I, Section 25):

"The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."

That seems pretty darn clear to me, along with the statement by Governor Jim Doyle (unsuccessfully attempting to justify his multiple vetoes of concealed-carry legislation) that "If you want to carry a gun in Wisconsin, wear it on your hip."

Which is exactly what Mr. Krause did, Governor. How about a little support for a constituent who was merely following your wishes to the letter?

Of course, some law officers in that state are determined to keep rediscovering the phenomenon of this particular practice being legal the hard way, which is bound to eventually cost their employers (the taxpayers, naturally) bundles of money in wrongful arrest settlements:

"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."

So this particular call, in which a neighbor apparently contacted police to inquire about the legality of Krause's carrying openly in his yard without alleging any suspicious, threatening or odd behavior in any way, justified the massively overblown police response, which involved confronting a man quietly working in his yard with drawn guns in a manner more consistent with meth house busts or bomb threats?

I think not, good sir. Keep responding to such non-incident calls with stunts such as this at your own job's risk.


PSA: Before Wisconsin residents get overly excited and strap on their carry piece tomorrow, we feel it prudent to caution them that there are certain places there where openly carrying a firearm is specifically prohibited by statute. Checking the valuable resource handgunlaw.us, these places are the following (keeping in mind, of course, that I am not a lawyer and that it would be a really good idea to independently verify this information for yourself):

K-12 schools
Colleges and universities
In motor vehicles (unless unloaded and cased)
In public buildings
Where alcohol beverages may be sold and consumed (presumably bars and on-sale restaurants)
State parks and forests

Please be lawful and safe when exercising your rights.