In an advisory memorandum from Atty. Gen. J.B. Van Hollen the Department of Justice says that openly carrying a firearm is not implicitly illegal.  This ruling comes one month after a judge ruled a West Allis man was not at fault for carrying a gun while planting a tree on his property.  That man, Brad Krause, joins us to discuss his experience.  In other segments this week we talk with Jim Fendry from the Wisconsin Pro Gun Movement and Rep. Leon Young from Milwaukee about the open carry law.

 

Frederica Freyberg:

I'm Frederica Freyberg. Tonight on "Here & Now," the Progressive magazine turns 100. We'll examine its place in politics and history as it hits the century mark. The left-leaning Progressive, a self-describe champion of public interest, social and economic justice. Plus a surprise for the Apostle Islands.  Uncle Sam chips in $5 million to restore and maintain its historic lighthouses. But first we'll take aim at the controversy over Wisconsin's law that allows you to openly carry guns and the state attorney general's guidance that simply carrying guns in the open is not cause for charges. Milwaukee's police chief says he'll go on telling his officers if they see anyone with a gun to put them on the ground, take the gun away, and then see if they have a right to carry it. Wisconsin’s attorney general, J.B. Van Holland sent this advisory memo to police and district attorneys saying someone openly carrying a gun cannot automatically be charged with disorderly conduct. He also said police have full rights to stop and question the person. The memo cites a West Allis gun case. Police arrested and charged a man with disorderly conduct for openly carrying his gun as he did yard work at his home. He was found not guilty. That man is Brad Krause, caught in the middle of this gun rights tug-of-war. He says when he puts on his pants, he puts on his gun and carries it legally. He joins us from our Milwaukee Marquette University studio. Thanks very much for doing so.

 

Brad Krause:

Thank you for having me.

 

Frederica Freyberg:

Right out of the gates we should tell our viewers that you are in fact not wearing your gun on the Marquette campus because you asked and the university police chief there said in no uncertain terms "no." But why do you always wear your gun?

 

Brad Krause:

Well, no reason is required under the Wisconsin constitution, but it is a matter of personal safety for all law-abiding citizens in Wisconsin. As we know, the crime rate has dramatically increased, especially with the economy and challenges that we're currently facing. So it seems wise to maintain a constant and consistent state of peace when going about your daily activities.

 

Frederica Freyberg:

What happened to you during your arrest for opening carrying your gun in your yard?

 

Brad Krause:

I was planting trees, oddly enough, and as I was planting the last one, two unidentified men with guns drawn stormed into my yard screaming and basically, it's really hard to describe and put all of the emotions and feelings into a concise statement when you've had to live through basically an attack. And unfortunately what has affected me the most is the people who are supposed to guard and protect law-abiding citizens were actually the people who came in at gunpoint while I was planting a tree, disarmed me, handcuffed me and eventually took me down to the police station for nothing more than digging a hole.

 

Frederica Freyberg:

Were you being disorderly in any way?

 

Brad Krause:

Not at all. In fact, I had no idea that, you know, the person who had called the police had actually seen me. I had no interaction with them, had no idea that they were present. I'd been planting trees for about five and a half hours that day. And just minding my own business.

 

Frederica Freyberg:

Why shouldn't police consider an openly armed person a potential threat?  

 

Brad Krause:

Because they're not. There's a very basic test that police should, in fact, they're trained to perform whenever they're contacted by a citizen. They obviously respond depending on what type of complaint it is. And then they're trained to observe the individual and see if they are indeed acting in a criminal way. And it should not make a difference whether or not a person is lawfully carrying a weapon, just as if they're carrying a cell phone or a music player. Law-abiding citizens are just that. They don't break the law because they're armed any more than someone who attacks another person violently with a weapon becomes a law-abiding citizen once that weapon is confiscated.

 

Frederica Freyberg:

What do you think of becoming the poster boy for the right to legally carry a gun in Wisconsin?

 

Brad Krause:

I lead a very private and quiet life. I didn't ask for any of this. And it's unfortunate that this did happen, but since it did, I'd just like to tell other people how to be safe and help them be able to exercise their constitutionally guaranteed rights.

 

Frederica Freyberg:

All right. Brad Krause, West Allis, thanks very much.

 

Brad Krause:

Thank you.