Some supposed pro-rights activists call open carry an “anathema” and do what they can to demonize those who would carry their firearms in the open, and otherwise expose the rotten bigotry still found throughout the ranks of gun owners.
Other pro-rights activists take the fight to the enemy, and win:
Frank was lawfully open-carrying on his own porch when Racine Police, who were summoned to his neighborhood on an unrelated call observed and questioned Frank because he was Open-carrying. After a few minutes of increasingly aggressive questioning Frank exercised his right to remain silent and was subsequently unlawfully arrested for obstruction of justice for refusing to give his name. In the state of Wisconsin no law allows officers to arrest for obstruction on a person’s refusal to give his or her name. “Mere silence is insufficient to constitute obstruction. Henes v. Morrissey, 194 Wis. 2d 339, 533 N.W.2d 802 (1995)”
Details of Frank’s encounter can be viewed by going to our website http://www.wisconsincarry.org and clicking on the October 16th blog entry.
Frank was unlawfully arrested and his firearm illegally siezed. He was later released without being charged.
Wisconsin Carry filed suit on Frank’s behalf for his unlawful detainment, arrest, and seizure of his firearm.
On behalf of myself, the board of Wisconsin Carry Inc. and all of our members, we are pleased to announce that The U.S. District Court for the Eastern District of Wisconsin has entered a judgment in the amount of $10,000 in favor of Wisconsin Carry, Inc. and Frank Hannon-Rock and against the City of Racine and two Racine police officers.
In short, two police officers unnecessarily and illegally detained a law-abiding citizen simply because he was openly carrying a firearm, and now those two police officers, in addition to the city which employs them, are getting their hands rightfully slapped. Hopefully, this case and the judgement against the officers and city will serve as a deterrent against any other governmental representatives in Wisconsin who would operate outside the realm of what is legal… hopefully.
Sure, this incident never would have happened if the victim had not dared to legally openly carry his firearm… but then the two police officers and city involved never would have had the benefit of a learning experience, either. A law-abiding citizen’s rights were upheld, and an overbearing government was told to sit down and shut up… oh, and give some money to that citizen you unlawfully detained.
Smells like a win to me, and while it was a win for open carry in specific, it was also a win for all firearm carriers, all firearm owners, and all Americans in general. Something tells me not to expect that kind of admission, or even recognition, from the standard sources of ZOMGOPENCARRYISTHEENDOFGUNRIGHTSASWEKNOWTHEM!!!111!!! hysteria.
(Courtesy of Another Gun Blog and Guns and Coffee.)
This is an especially onerous since he was on his own property. Can it count as ‘carry’ when you haven’t carried it off your porch?
It is not a win from the prospective that innocent tax payers are paying for incompetent officers not doing their job. That $10,000 comes from our pockets (the city of Racine’s taxes….). that is the only sad part. Would rather had the cops fired…….
Cavalier: Not being familiar with Wisconsin’s laws, I cannot speak as to the legality of carrying on one’s own property, especially with their peculiar school zone ban (also being legally challenged at the moment). Here in Tennessee, you can carry whatever you like on your own property, so the cops would be doubly in the wrong.
Sandy: Good point – if this money came out of the police officers’ paychecks directly, it would be siginficantly better, though those salaries were paid by the public as well. Firing definitely would have solved that problem, though. Still, I would rather that the city’s taxpayers lose a little money in exchange for potentially/hopefully more-responsible, more-law-respecting, less-over-reacting police officers… but, I guess, I am not in their position.