Wisconsin Carry, Inc. reaches settlement in lawsuit against City of Milwaukee and Milwaukee police

Buckeye Firearms Foundation-supported civil rights lawsuit against City of Madison, WI alive and well

by Chad D. Baus

Wisconsin Carry, Inc., a pro-gun group which, with the help of the Buckeye Firearms Foundation and readers of this website, recently successfully defended a group of five of its members who had been arrested for legally open carrying in their local Culvers restaurant, has brought another open carry case to a successful outcome.

According to a recent communiqué from Wisconsin Carry, on June 6th, 2009, Dave Bernson, a Wisconsin Carry member was unlawfully arrested in his home by a Milwaukee police officer after he had been legally carrying in the only manner allowed by Wisconsin law at the time (open carry). Mr. Bernson's house and vehicle were searched without his consent and without a warrant. A legally owned handgun was seized by the police. Mr. Bernson was then transported to a Milwaukee jail facility where he was later released without any charges being filed. After Mr. Berson applied for the return of his property from the Milwaukee Police Department over a month later, he was then issued a citation for unlawful transport of a firearm by the MPD. A Milwaukee circuit judge later dismissed that frivolous citation. Despite there being no charges and no convictions of any crime or wrong-doing by Mr. Bernson his unlawfully seized firearm was not returned.

On Jan. 10th, 2010, Wisconsin Carry, Inc. filed a lawsuit against the City of Milwaukee and the arresting MPD officer on Mr. Bernson's behalf to seek damages for his unlawful arrest and seizure of his property.

Wisconsin Carry has announced that a settlement in the amount of $6,500 has been reached with The City of Milwaukee to resolve this lawsuit and compensate Mr. Bernson for the violation of his civil rights. A copy of the settlement agreement is available here.

While the Milwaukee and Madison criminal cases have both come to successful outcomes, our friends at Wisconsin Carry Inc. are pleased to report that their civil rights lawsuit against the City of Madison, which was filed in response to the Wisconsin Five case, is still alive and well.

Chad D. Baus is the Buckeye Firearms Association Vice Chairman.