Man's arrest sparks open carry debate

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buy this photo Frank Hannan-Rock, Wednesday September 9, 2009 Racine County Jail booking photo - concealed carry case.

RACINE - The arrest of a Racine man openly carrying a gun on his front porch has sparked controversy that police believe may have been contrived.

Frank Hannan-Rock, 52, of 417 Luedtke Ave. was taken into custody Wednesday evening on a charge of obstructing. Racine police claim he wouldn't provide information to them during an active weapons violation investigation.

Reached by phone after being released from jail early Thursday, Hannan-Rock wouldn't comment. But friends and fellow supporters of open carry are outraged over his arrest.

Hubert Hoffman of Onalaksa called Hannan-Rock's arrest a persecution.

Hoffman, who made headlines as the organizer of an open-carry picnic in Onalaska earlier this year, met Hannan-Rock on an online forum at http://opencarry.org. He said he is angry that his friend was detained for eight hours and says he did nothing illegal.

"I don't understand how Frank ended up in jail," said Hoffman. "I'm angry about it. Police charged him with obstruction of justice because he refused to answer questions. You can not be charged with obstruction of justice by simply standing mute."

However, police are looking into whether the whole incident was a set-up by Hannan-Rock to test officers' reaction to him openly carrying a gun. They have determined the initial call to police about a weapons violation in the neighborhood came from his house.

"It appears to be a set-up, and we are checking it out," Police Chief Kurt Wahlen said.

"(Hannon-Rock) didn't get arrested for a weapons charge," Wahlen said. "We take weapons violations very seriously. We've suffered from a lot of gun violence in our community. If he had answered a few questions, this would have ended differently."

Police said officers were called to 405 Luedtke Ave. at 6:30 p.m. Wednesday for a report of a man with a gun. An anonymous caller told dispatchers that a man was shooting at raccoons in his backyard and was walking out to the street to reload his gun. The caller said she was concerned because there were children playing outside in the neighborhood.

The caller provided a description and said she thought the offender lived in the upper unit of a home at 405 Luedtke Ave.

When officers arrived at that address, residents there said the man who lives in the upper flat had left.

While in the area, police saw a group of people gathered on a porch at 417 Luedtke Ave. One man matched the suspect's description and was standing next to Hannan-Rock, who was openly carrying a holstered gun on his side.

Officers said they began asking Hannan-Rock questions and said they were investigating a weapons-discharge complaint. He answered their questions about the type of gun he was carrying but refused to give his name or any other information.

Police reports said the man told police that Wisconsin Attorney General J.B. Van Hollen told him he didn't have to answer their questions.

Police then handcuffed and arrested Hannan-Rock for obstructing. He was booked into the Racine County Jail as John Doe.

According to reports, police became suspicious about Hannan-Rock's motives when they were trying to talk to him, because he was fumbling with a digital voice recorder.

When he was arrested, he refused to walk past a certain point, telling officers that he would not be arrested for carrying a weapon within 1,000 feet of a school or church.

After being taken into custody, Hannan-Rock was found in possession of the recorder and a pamphlet on open carry.

Hoffman said it is very common for those who openly carry firearms to also carry voice recorders. "I carry a voice recorder with me every time I carry," he said. "We shouldn't have to."

He said they carry the recorders for the same reason as they carry their guns: for protection.

Hoffman said he was called by Hannan-Rock's wife a few hours after the incident occurred. A story about the arrest was posted to the http://opencarry.org site and Wahlen said he has been getting e-mails from people all over the country about it.

"We have to make sure there is no danger to others when we're handling a call for service," said police spokesman Sgt. Bernie Kupper. "We don't just arrest people because they have a gun."

Officers later determined Hannan-Rock was not the offender in the shots-fired call. No one had been arrested for that crime Thursday, but police are issuing a warrant recommendation for a man who lives at 405 Luedtke Ave.

Reports said officers found blood on the sidewalk in front of that house and believe someone could have been shooting at raccoons.

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