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Thread: WI open carry aquittal

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    elkhuntCO's Avatar
    elkhuntCO is offline SEMPER FI
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    Default WI open carry aquittal

    Wisconsin man acquitted in open carry case.

    West Allis man not guilty in open carry gun case - JSOnline

    This was all wrong from the get go. He should take the neighbor to court for invasion of his privacy. People are ridiculous and have no respect for private property anymore.

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    Quote Originally Posted by elkhuntCO View Post
    Wisconsin man acquitted in open carry case.

    West Allis man not guilty in open carry gun case - JSOnline

    This was all wrong from the get go. He should take the neighbor to court for invasion of his privacy. People are ridiculous and have no respect for private property anymore.

    Semper Fi
    The neighbor simply called to ask police if it was legal, it was the PD who over reacted. The link you posted doesn't contain the whole story. You have to find an older article that goes back to the day after it happened.
    Last edited by Big Gay Al; 03-15-2009 at 05:59 PM. Reason: additional info
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    Quote Originally Posted by elkhuntCO View Post
    He should take the neighbor to court for invasion of his privacy. People are ridiculous and have no respect for private property anymore.
    There was no invasion of privacy. He was outside in plain view, so no expectation of privacy applies. Plus, the neighbor simply called police and asked if it was legal. If my neighbor did the same thing, I wouldn't hold it against him.

    The police, however, handled it horribly from the start. Guns drawn onto the property without even taking the time to figure out if the man was a threat. Considering that OC is legal where Mr. Krause was (there is no CC allowed in WI -- OC is the only legal way), there shouldn't have even been an investigation.

    Regardless, they put him in jeopardy, arrested him, stole his gun, and put him through all of this turmoil because they didn't know the law. The man has a legitimate complaint, and I wouldn't be surprised if he files a lawsuit against the officers, city, and state. He probably should, just to provide a precedent.

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    Quote Originally Posted by rayven View Post
    There was no invasion of privacy. He was outside in plain view, so no expectation of privacy applies. Plus, the neighbor simply called police and asked if it was legal. If my neighbor did the same thing, I wouldn't hold it against him.

    The police, however, handled it horribly from the start. Guns drawn onto the property without even taking the time to figure out if the man was a threat. Considering that OC is legal where Mr. Krause was (there is no CC allowed in WI -- OC is the only legal way), there shouldn't have even been an investigation.

    Regardless, they put him in jeopardy, arrested him, stole his gun, and put him through all of this turmoil because they didn't know the law. The man has a legitimate complaint, and I wouldn't be surprised if he files a lawsuit against the officers, city, and state. He probably should, just to provide a precedent.
    He absolutely should pursue a lawsuit in this case! I would!

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    Quote Originally Posted by Glockster20 View Post
    He absolutely should pursue a lawsuit in this case! I would!
    Against the government that persecuted him, absolutely!
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    Quote Originally Posted by Big Gay Al View Post
    Against the government that persecuted him, absolutely!
    As well as the individual officers involved. I don't know what the law is in WI, but in my state, we have an "official oppression" statute. If an officer harasses or arrests someone who is doing something legal, and the officer should know that there is no crime, then the officer can be tried as well.

    Hopefully WI has the same type of thing and the officers involved get reprimanded or disciplined in some way. At the very least, they should be retrained.

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    Police departments need to make sure their officers know the law.
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    Arrow Easier than that, even.....

    When I was a patrol officer, there was a book containing all of the relevant state and federal statutes in every patrol car. This first thing that I learned in the academy was, when in doubt, LOOK IT UP!

    The second thing that I learned was, if after unsuccessfully trying to look it up, ASK A SUPERVISOR!

    In fact, I am sure that the man arrested could probably have provided them the statute number himself.
    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." Thomas Jefferson

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    Quote Originally Posted by rayven View Post
    There was no invasion of privacy. He was outside in plain view, so no expectation of privacy applies. Plus, the neighbor simply called police and asked if it was legal. If my neighbor did the same thing, I wouldn't hold it against him.

    The police, however, handled it horribly from the start. Guns drawn onto the property without even taking the time to figure out if the man was a threat. Considering that OC is legal where Mr. Krause was (there is no CC allowed in WI -- OC is the only legal way), there shouldn't have even been an investigation.

    Regardless, they put him in jeopardy, arrested him, stole his gun, and put him through all of this turmoil because they didn't know the law. The man has a legitimate complaint, and I wouldn't be surprised if he files a lawsuit against the officers, city, and state. He probably should, just to provide a precedent.
    The simple act of being out in public has nothing to do with your right to privacy.

    Just a simple question about my gun may be a matter of my own privacy if i dont feel the need for you to know, especialy if im outside on my own property.

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    Quote Originally Posted by Boomboy007 View Post
    In fact, I am sure that the man arrested could probably have provided them the statute number himself.
    I'm sure he could have. However, some cops just can't take an education from the person they're aiming to arrest. Others on here have had that lovely experience.

    Your best bet is to keep your mouth shut lest you accidentally put your foot in it.

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