Another win for the right to defend oneself

The city of West Allis has agreed to pay $30,000 to settle a federal civil rights lawsuit prompted by one of the first tests of Wisconsin residents' right to openly carry guns.

Brad Krause was planting a tree in his backyard in August 2008 -- while wearing a holstered hand gun -- when police arrived, drew their weapons, and arrested him.

they need to fire those cops too!

This whole thing started when I lived in Wisconsin and I kind of forgot about it when I moved south. The last I heard was that he was considering suing the city.

I'm glad to hear he won. I've got friends who live in West Allis and if the housing market wasn't so messed up, they'd sell and move!

West Allis pays $30,000 to man arrested for wearing gun

By Bruce Vielmetti of the Journal Sentinel

Feb. 7, 2012 |(90) Comments

The city of West Allis has agreed to pay $30,000 to settle a federal civil rights lawsuit prompted by one of the first tests of Wisconsin residents' right to openly carry guns.

Brad Krause was planting a tree in his backyard in August 2008 -- while wearing a holstered handgun -- when police arrived, drew their weapons and arrested him.

In February 2009, a municipal judge found Krause not guilty of disorderly conduct, and in April of that year state Attorney General J.B. Van Hollen issued a memo advising law enforcement agencies that the mere fact of wearing a gun, by itself, would not support a charge of disorderly conduct.

Krause sued the city in federal court in 2010.

"This is a clear victory for Mr. Krause and Wisconsin residents who wish to assert their rights under the state and federal Constitution to bear arms lawfully," said his attorney, John Schiro.

In reaching the settlement, the city did not acknowledge any wrongdoing.

Several other gun rights advocates arrested for openly wearing their weapons in public, assisted by Wisconsin Carry Inc. and a Georgia attorney who specialized in such cases, have won similar lawsuits against other Wisconsin municipalities.


Settlements ranged from $6,500 or $7,500 to $10,000.