A municipal judge in West Allis says a resident was within his rights to carry a gun while on his property. Brad Krause has been found not guilty of disorderly conduct in what may be the first "open carry" case heard in a Wisconsin courtroom. He says the case extends beyond gun rights.

"You can be arrested for anything, at anytime, if somebody calls the police department and they don't like what you're doing, even if it's constitutionally guaranteed right," says Krause.

Police responded to the man's home last summer after a neighbor called to ask about the legality of him openly carrying a hand gun in a holster while working in his yard.

Kraus has no explanation for why he had a gun but he feels that's irrelevant saying, the Supreme Court and Legislature did not put a "need" into our constitution in Wisconsin, they just said this is your right.

Contributed by Jason Fischer-WIBA

AUDIO: Brian Moon reports (MP3 :45)

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