It's less than a week until the Constitution gets another court hearing. To recap what happened, in August 2008 Brad Krause was arrested at gunpoint in West Allis, Wisconsin while planting trees in his yard. The reason: he lawfully possessed a holstered weapon. [More]Note the idiot neighbor.
Yeah, only "Only Ones" should be able to carry a gun in WI.
[Via Jeffersonian]
7 comments:
Wow...this is NUTS!
He was breaking no law, but the officers on the scene called their LT to make sure. They decided they had to arrest him for *something*, so they did, and hauled him in. They confiscated his property, and are holding it.
This poor guy is going to spend a small fortune to prove his innocence! Insanity......
Dubya Tee Eff?
This is patently ridiculous.
Be careful, it might be about property rights and above all our heads....
"If no law was broken and another law is being misapplied in order to prosecute the case, what happened to property rights and the right to be free from unlawful search and seizure? Apparently, like the rest of your rights, they don't exist when the government says they don't."
This has been happening way too much. Concerning the latest example in Oregon, the State's "gun nuts" have been papering the Governor, the Board of Higher Education and congress critters with the following (or similar).
I have read with interest the news reports regarding the case of Jeff Maxwell at Western Oregon University. I understand that Mr. Maxwell was in lawful possession of a firearm, but was arrested nonetheless. This is terribly concerning to me.
As I know you are aware, the Oregon Constitution, Article 1, Section 27, provides:
Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]
This is a clear and unequivocal right to bear arms for self defense. I understand that Mr. Maxwell is in lawful possession of a Oregon Concealed Handgun License and was then and is now authorized to possess a firearm on in a public building under ORS 166.370(3)(d).
Also, the University’s firearms policy (below) clearly recognizes the carry of firearms in accordance with the law. I have capitalized the word “law” for affect.
“Pursuant to OAR 580-022-0045, the Western Oregon University Campus Public Safety Department shall prohibit the possession of firearms, ammunition, explosives, dangerous chemicals, fireworks or related dangerous items on campus except where exclusively authorized by … LAW, or in the course of work (e.g., police, law enforcement services).”
Further, I understand that Mr. Maxwell has been severely disciplined by Western Oregon University for exercising this Constitutional right in a manner that fully complied with applicable law and University policy. On the facts presented, this is a clear violation of Mr. Maxwell’s civil rights and actionable under 42 USC Section 1983.
I am terribly concerned about the conduct of Western Oregon University in this matter. I urge you to take corrective action immediately. This case is no different than any of the terrible raced based civil rights violations that occurred regularly in the last century. We, as a people, cannot afford to selectively protect constitutional rights. We must strive to preserve every one of them, even if doing so is distasteful or politically risky.
I especially noticed the part where the cowardly back-up cop drew his weapon and pointed it at him because he was armed, even though the first cop on the scene was having a civilized and polite and cooperative conversation with him.
Why did not the defense attorney not impugn this coward's character?
Wisconsonians: When you're planting trees, have a handgun on your belt, and your main battle rifle hanging in the tree by its sling.
What, afriand you'll GET IN TROUBLE?
You already are, you just may not have had your turn yet.
As the the neighbor, who said Mr. Krause was a nice guy, good neighbor, even helped him dig his car out of the snow?
His car would be stuck again. Manure is an important part of landscaping work. Now why did I give the wrong address and tell them to put it right in the driveway? Senior moment, I guess.
In light of our Attorney General's refusal to do his job and issue an opinion on the legality of open carry (which he was asked for by a member of the legislature), this case is a very important first step to taking back our rights here in WI. This is not the only area where the police powers have been extra-legally extended over the years, and the group helping Brad hopes to make people realize it's not just about guns. Godspeed to Mr. Krause and his legal team.
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