MILWAUKEE COUNTY, Wis. -- As WISN 12 News was interviewing a West Allis man about his past arrest for carrying a gun in the open, police confronted him again Tuesday night -- one day after the state's attorney general ruled it's legal.
"Somebody called the police that somebody was walking around with a gun on their hip," a West Allis police officer said."I would fit that description," Krause said."That would be you," a West Allis police officer said.Police arrived up to investigate Krause while 12 News was interviewing him about his previous arrest for carrying a holstered gun on his hip outside his home. One officer saw Krause's gun and asked what agency he's affiliated with."I'm the same guy I was when you arrested me the last time," Krause said.The officers asked for his name and called dispatch."The reason I'm checking is because felons can't have guns in Wisconsin," West Allis police said.Krause is not a felon. He's a certified firearms instructor."Pretty much any time my pants are on, I'm armed," Krause said.That includes carrying a gun outside his home as Wisconsin's attorney general has ruled is legal."I'm totally opposed to it. I do not think we need more guns on the streets," state Rep. Leon Young said.Young, a former Milwaukee police officer who represents part of Milwaukee's north side, said he's working on fast track legislation to clear up confusion with Wisconsin's gun law."If you're walking down the street with a gun in your hand and people can see it or you've got one in your holster here and people can see it, it's going to create a disturbance," Young said. But until there's a new law, the officers explained to Krause, the attorney general's ruling is brand new to them and they'll act accordingly."How it was explained to us is that if somebody calls and makes a complaint -- in other words, they feel threatened -- they feel it's causing a disturbance or they feel that it's disorderly in some fashion. They call us and we respond and we investigate it," a West Allis police officer said."This is America. If we don't stand up for our rights, you know, what are we doing here? What have people fought and died for? Why'd we found this country?" Krause said.Krause was not arrested, and he said the officers Tuesday night acted professionally, although he disputes whether they should have confronted him.The officers said in a different situation they would likely still order someone carrying a gun to the ground until they could make sure the situation is safe. Attorney General J.B. Van Hollen said his memo was simply intended to "clarify" the law, and he does not believe more people will start openly carrying guns because of it.Gov. Jim Doyle hopes it won't change how police officers respond when they see weapons."Our advice was people are permitted to openly carry firearms -- that it wasn't in and of itself disorderly conduct. We intentionally didn't go into any factual-based scenarios because they're all different," Van Hollen said."I assume that local DAs and local police departments are gonna continue to act as they already have," Doyle said.
