Arrested Open Carrier Sues City of Racine and WINS!!!
Date: Sunday, March 07, 2010 @ 18:55:11 CST
Topic: Wisconsin


On September 9th, 2009 Wisconsin Carry member Frank Hannan-Rock of Racine was
unlawfully arrested while open-carrying on the front porch of his home in
Racine.

http://www.journaltimes.com/news/local/crime-and-courts/article_60ad9e26-9f35-11
de-8896-001cc4c002e0.html


On January 8th Wisconsin Carry filed a federal lawsuit against the State of
Wisconsin, City of Racine, 2 Racine Police officers, The City of Milwaukee and
one Milwaukee Police Officer. In this lawsuit we challenge the constitutionality
of Wisconsin's Gun-Free-School-Zone Act. In this lawsuit we also brought on 2
Wisconsin Carry Members as co-plaintiffs. Frank Hannan-Rock of Racine was one of
these co-plaintiffs.

A copy of the lawsuit can be viewed here:

http://www.wisconsincarry.org/pdf/GFSZ_Complaint.pdf

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.

We look forward to the precedent that this case will set for other
municipalities who's police officers operate outside of their legal authority
and unlawfully detain, arrest, and seize property of law-abiding open-carriers.

A copy of this judgement can be viewed here:

http://www.wisconsincarry.org/pdf/JudgmentAgainstRacine.pdf

If you haven't already done so, please consider joining Wisconsin Carry today and help us advance and protect the right of Wisconsin residents to keep and bear arms!

http://www.wisconsincarry.org

online membership application:

http://www.wisconsincarry.org/secure/php/application.php

 









This article comes from ICarry.org
http://www.icarry.org

The URL for this story is:
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