News article link
Quote:
Two men heading to Appleton's downtown farmers market with AR-15 rifles slung over their shoulders and handguns in holsters swiftly attracted the attention of police officers last weekend.
Now, they're attracting attention across the Internet, with some gun rights advocates expressing outrage that the pair were held at gunpoint and handcuffed, while others voice frustration at what they consider a foolish and dangerous stunt.
The men, Charles Branstrom, 27, and Ross Bauman, 22, ultimately were released without tickets or charges.
Branstrom recorded the confrontation with Appleton Police. About six minutes into the recording, one officer sees Branstrom's camera, confiscates it and attempts to turn it off — but stops only the video. The device continues recording audio for about 45 minutes.
Gun rights advocates think the police acted inappropriately.
"I would never blame police for following up on 'man with a gun' calls, but they still have to behave within the limits of the law and abide by people's constitutional rights," said Nik Clark, president of Wisconsin Carry, Inc., a gun rights group. "I believe the police were acting outside of their legal authority when they pointed guns at the individuals and involuntarily detained them."
Milwaukee's police chief ridiculed the pair.
"In a post Aurora-Newtown environment, it's a reckless and irresponsible stunt to strut around in public with an assault-style weapon and think police should assume you're well-intentioned," Milwaukee Police Chief Edward Flynn said Thursday, referring to mass shooting incidents in Colorado and Connecticut.
"It's just absurd," Flynn said. "This has nothing to do with the Second Amendment. These characters and those who support them should be ashamed of themselves."
Appleton police declined to comment beyond a prepared statement issued after a Journal Sentinel inquiry Thursday. It said police responded after getting calls about the men from concerned citizens, briefly detained the men and released them after determining they intended no harm and were in legal possession of the guns. The department "has no ongoing investigation and considers the issue resolved," the statement reads.
According to the recording:
The men are walking down the street when they see a police car's lights go on and they see officers approaching. As the officers order the men to put their hands against the wall, the police ask why they're carrying the guns that way.
"For self-defense," Branstrom says.
"These are real AR-15s guys. I'll cover them both," says one officer, who levels his own weapon at the men as another officer begins questioning them.
Police ask if the men are headed to the farmers market.
"Yeah, we were just going to do some shopping," Branstrom says.
"Do you understand how that might create a disturbance if you're walking around with an AR-15 strapped to your back?" asks an officer.
"Yeah, I guess some people don't like guns," Branstrom replies.
Throughout the stop, both men appear polite and cooperative. Another officer orders that they be put in handcuffs and moved to separate squad cars.
Branstrom asks, "Why are we being detained? Have we broken any laws?"
An officer replies that while Wisconsin recognizes the right to openly carry guns in most public areas, "there's a point where that can be crossed and it becomes disorderly conduct" and that's what the officers are investigating.
On the audio, officers discuss the fact that the men appear to be trying to make a statement, that both have concealed-carry permits.
"It's taking the Second Amendment a little too far," one officer says.
The officers check the concealed-carry permits and run the serial numbers of the guns. One speaks with a prosecutor — most of the conversation is inaudible because of background noise — and eventually the men are released with their property.
One officer offers this parting comment: "I get what you guys are trying to do. ... But when you grow up a little bit and you're a parent and have kids at an event like this and you see someone walk through with guns strapped to their back, your first inclination is going to be, 'All right, what's this guy up to? Is my child going to be safe?'"
Branstrom, an Appleton truck mechanic, said he gets that argument, but said police just "provoked more fear and panic" the way the rolled up on him and Bauman.
"I'm still kind of shaken," he said. "I was one nervous twitch away from having a bullet put in me," he said.
Branstrom said he and Bauman had walked about three blocks before the police pulled up, hit a siren and leveled a gun at them. He said he's had police ask him about openly carrying a handgun in the past, but those were "very professional, casual conversations."
He thought the officers could have just questioned him Saturday without the show of force and handcuffing, or walked with him toward the market while learning he was legally carrying the rifle.
Branstrom said it was too early to discuss whether he and Bauman plan to sue over the their arrests, but he said he had made public records requests of 911 calls and the officers' dash-cam videos.
Lawsuits over similar arrests have led to
at least four settlements in Wisconsin. In each case, those who were arrested received money.
------------------------
Ok, so they are trying to make a statement, I got that. But when does common sense kick in with guns? I think the officer had a point too.
Men carrying AR-15s to farmer's market detained by police, gun advocates outraged
Wait until they undress...
