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Civil Rights Lawsuit Filed Regarding Open Carry

Yesterday, Jesus Gonzales filed a lawsuit against the Village of West Milwaukee and some individual police officers.  He was twice detained for openly carrying a firearm in public.  Also, his firearm was seized and held for 10 months before the Milwaukee County Circuit Court ordered the police to return his firearm.  No charges were ever filed against Gonzales. 

Given that it is legal to openly carry a firearm in Wisconsin and Gonzales was not engaging in any illegal behavior, his lawsuit argues that the police violated his 14th Amendment right to be free from unreasonable searches and seizures.  If the police officers’ actions in this case do not constitute an unreasonable search and seizure, then the phrase has no meaning. 

Here’s a copy of the actual complaint.  We will be following the progress of this case with great interest.

Posted by Owen at 1240 hrs
Firearms + Law + Politics + Politics - Wisconsin

1. I’m not familiar with Wisconsin joinder requirements, but it seems to me these should have been two separate lawsuits.

   Posted by Jed on April 15, 2009 at 1651 hrs
   
   
   

2. Good for Jesus.  I had heard of his second detention, but hadn’t heard much else.

   His second detention is especially odd because Walmart has always had a policy that allows firearms carry in accordance with State laws.  I’m wondering if corporate has been contacted about this?

   Posted by Mike Gallo on April 15, 2009 at 1705 hrs
   
   
   

3. Jed, Wisconsin doesn’t have a bar exam, so my guess is most Wisconsin lawyers aren’t familiar with Wisconsin joinder requirements.

   Posted by .(JavaScript must be enabled to view this email address) on April 15, 2009 at 1744 hrs
   
   
   

4. His lawyer’s from Georgia, BTW.

   Posted by Jed on April 15, 2009 at 1813 hrs
   
   
   

5. Sorry, I didn’t read the caption before I skipped to the meat of the complaint.  It’s a federal case, so WI law is irrelevant.

   Posted by Jed on April 15, 2009 at 1816 hrs
   
   
   

6. Wisconsin has a bar exam if you get your law degree out of state. If you are at an instate program - you don’t have to take it, although some do.

   Posted by .(JavaScript must be enabled to view this email address) on April 15, 2009 at 1826 hrs
   
   
   

7. Its about time freedom was defended.  Thank-you Jesus for the trail you have blazed for rights we have been unable to exercise.

   Big thanks to John Monroe who puts his time and his expertise where his mouth is and came to wisconsin to file this suit.

   Perhaps when these municipalities have to pay up they may realize that the usurpation of our civil rights does not come without a price. 

   I hope these local police departments take a SERIOUS look at their training procedures.  Ignorance of the law is NO excuse.  Why a guy in Burlington this past weekend taking a walk with a sidearm was briefly stopped by the police and allowed to go about his business while the SAME behavior in West Allis or Chilton results in getting an officers GUN pointed at you is REdiculous.  Are not police professionals?  Do they not know the law?  Shameful.

   Posted by .(JavaScript must be enabled to view this email address) on April 15, 2009 at 2247 hrs
   
   
   

8. It figures Jesus would have to come down and rectify this problem personally. If only to put an exclamation point on the Gods, guns & guts mantra.

   Posted by .(JavaScript must be enabled to view this email address) on April 15, 2009 at 2335 hrs
   
   
   

9. Here is a another column on this lawsuit:  http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m4d14-Breaking-News-Federal-civil-rights-lawsuit-filed-against-West-Milwaukee

   Posted by Mike Stollenwerk on April 16, 2009 at 0052 hrs
   
   
   

10. Jesus would say to Jesus if that Jesus had faith in Jesus, Jesus wouldn’t need the gun, by Jesus.

    Posted by .(JavaScript must be enabled to view this email address) on April 16, 2009 at 0827 hrs
    
    
    

11. Funny how all of you libs are having sport making fun of a Hispanic name.  Classy.

    Posted by Owen on April 16, 2009 at 0828 hrs
    
    
    

12. Owen dont you know Keith is a Xenophobe he tells great Indian Jokes

    Posted by Chris on April 16, 2009 at 0835 hrs
    
    
    

13. ooh Federal case? I’ll keep an eye on this one, thanks Owen.

    Posted by .(JavaScript must be enabled to view this email address) on April 16, 2009 at 0836 hrs
    
    
    

14. He should also be filing a federal lawsuit for having to produce a social security card when he was arrested.

    Posted by .(JavaScript must be enabled to view this email address) on April 16, 2009 at 1010 hrs
    
    
    

15. He included that as part of this suit.

    Posted by Owen on April 16, 2009 at 1015 hrs
    
    
    

16. JSonline picked up the story today:

    I’ve come to expect this from media but “Gun-toting plaintiff says rights violated”

    Nice choice of subtitle

    http://www.jsonline.com/news/wisconsin/43074132.html

    Posted by .(JavaScript must be enabled to view this email address) on April 16, 2009 at 1317 hrs
    
    
    

17. Owen, you are suffering from a dreadful sense of humor so kindly can the bogus indignation. But this is, you know, your fetish so it’s understandable. Please tell me, where is the error of the truth underneath the joke? After all this blog is a weird combination of piety and gun love.

    And Chris, thanks or being a fan.

    Posted by .(JavaScript must be enabled to view this email address) on April 16, 2009 at 1749 hrs
    
    
    

18. Keith you make me laugh, with your lack of understanding of why we like our guns and our faith…

    Posted by .(JavaScript must be enabled to view this email address) on April 16, 2009 at 1836 hrs
    
    
    

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