Open carry while planting trees? Call the cops!
February 19th, 2009
A West Allis municipal judge said a resident was within his rights to carry a gun while planting a tree on his property.
The police “stormed in with guns drawn” on Brad Krause last summer.
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.
And then there’s this:
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 happen to agree 100%, but that sort of thing is also likely to draw the ire of the antis and not impress many of the fence sitters. I don’t know if this quote in the new item is the full thing, but it seems like the message could have been presented a little better.
Then again, if it was me, I’d probably say “none of your damn business why I do what I do.”
Tags: WI
February 19th, 2009 at 11:29 am
So Krause was vindicated, which is great for him and for rights advocates.
BUT. Any course of action you take that will bring cops to your house with guns drawn is not usually gonna turn out well for you.
February 19th, 2009 at 2:53 pm
Here’s what is surprising to me- according to the story, cops showed up with guns drawn, apparently in preparation for an armed standoff. No doubt the SWAT geeks were still suiting up and drawing tactical entry plans on the white board in the van.
But based upon a phone call from a neighbor and assurance that the guy in the yard lived (and belonged) there that got the cops informed, wouldn’t just sending over an officer in a marked car and having him ask in a pleasant and unassuming manner why the gent was armed in his own yard could have resolved the concern with nobody being offended or weapons being drawn?
I know this isn’t Mayberry any longer, (anywhere), but a simple conversation could have fixed this, maybe generated some public goodwill and laid everyone’s fears to rest. Overblown doesn’t begin to describe the action of the cops in this case.
February 19th, 2009 at 8:10 pm
This was really not about guns, but about rights. That is the reason Brad gave the answer he did.
There was nothing to “fix” about anything Brad was doing. The law which authorizes him to openly carry a gun has only been on the books for 137 years.
Who cares what others thing about your lawful exercise of your liberty? You think anyone can appease those who would wrongfully deny you your rights under color of law? The cops still have his gun and refuse to return it. How’s that for living in the land of the free?
When a cop sees me armed in my yard, they may stop and we’ll talk about crime, the weather or guns and ammo. It’s a friendly conversation between two lawful citizens.
I don’t happen to live in West Allis, but the police there need to recieve better tactical training and interpersonal skills when meeting armed citizens.
February 27th, 2009 at 3:01 pm
[...] Open carry while planting trees? Call the cops! It took a judge to decide that a man could carry his own gun on his own property. This was several months after the police raided his property and arrested him off a neighbor’s “tip.” [...]