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Wisconsin man not guilty in open carry gun case

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gorfle Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 11:34 AM
Original message
Wisconsin man not guilty in open carry gun case
http://www.jsonline.com/news/crime/39722082.html

"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."


Sanity prevails, once again. Free tubes of Butt Paste for all who need it.
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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 06:17 PM
Response to Original message
1. How in the hell can't you carry a legally owned gun on your property?
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Longteeth Donating Member (13 posts) Send PM | Profile | Ignore Sun Feb-22-09 08:24 PM
Response to Reply #1
4. Good question
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Indy Lurker Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 11:03 PM
Response to Original message
2. Even Illinois
Doesn't try and stop open carry on your own property, or in your own place of business.

(unless it's a handgun, which are banned in Chicago)

Although Heller hasn't been incorporated into the states yet, this clearly runs against it.


WI Statute 947.01: Disorderly Conduct. Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.






From:

http://www.vanwagnerwood.com/CM/Custom/DISORDERLY_CONDUCT.asp


Disorderly conduct charges are one of the more frequently charged crimes in the state of Wisconsin.
Wisconsin Disorderly Conduct Laws.

Under Wisconsin Statute 947.01 - Disorderly Conduct - police are given very vague and very broad authority to arrest people in both public and private places (including their homes) for any conduct that may (in the police officer's opinion) be either provoking or causing a disturbance currently, or that has the potential to provoke or cause a disturbance after police leave the scene.


Police arrest people for disorderly conduct by citing many types of behavior. As well, the behavior that could be classified as being "disorderly" need not be currently obvious. The behavior could have occurred prior to police arriving on the scene. Even if no disturbance appears to be occurring at the time that police arrive on the scene, but it appears to a police officer that there is a potential for the behavior to continue after police leave the scene, an arrest can (and often does) occur.
Disorderly Conduct Law Applies To Telephone Calls

Wisconsin's disorderly conduct laws also apply to telephone calls if the call is placed with intent to frighten, intimidate, threaten, abuse, or even harass another person. Police arrest people every day under the vague disorderly conduct laws of Wisconsin. While they may ponder an arrest for conduct that incites some form of disorderly conduct in another person, they almost never hesitate when the provocation is by a group or upon a group of people. If a threat to inflict injury or physical harm upon another person or another person's property is made, an arrest is highly likely to occur.
Disorderly Conduct Applies To Computers and Internet Usage

Wisconsin law defines a message as a sign, signal, writing, image, sound, data or intelligence of any nature whatsoever, which includes e-mail. Under Wisconsin law (WI Stat 947.0125), if a person sends a message to another person via e-mail or any other computer communication system and in that message threatens to inflict injury or physical harm to any person or any person's property, intends to frighten, intimidate, threaten, abuse or harass any person, or uses profanity, obscene materials, lewd, profane or suggestively lewd or profane language, whether or not the message is actually received, and whether or not the sender attempts to conceal his or her identity, the district attorney can bring charges for disorderly conduct or criminal harassment. A disorderly conduct conviction under this statute is a Class B misdemeanor.
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iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-22-09 01:37 AM
Response to Original message
3. and we needed to be told this all over again because ...
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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-23-09 12:24 AM
Response to Reply #3
5. Just in case people didn't catch it the first time or the second.
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