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No charge for biker who scared teens off with gun

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RACINE, Wis. - A Wisconsin bicyclist who pulled out his revolver to scare off a group of teens during an apparent robbery attempt won't be charged.

The 42-year-old man told police he was riding his bicycle May 1 when four teens knocked him off and seemed to be trying to rob him, so he pulled out the revolver he was carrying in a side holster, pointed it up and yelled, "Gun."

The teens fled and he flagged down a police officer.

The man, who has asked not to be identified, was treated at the scene for a wrist injury. Police escorted him home and returned his gun to him.

Racine County District Attorney Mike Nieskes sent him a letter Friday, saying he wouldn't be charged even though he was violating a law by carrying a gun within 1,000 feet of a school.

"After speaking with the investigating officer on this matter, I have decided it would not be in the greater interest of justice in the community to charge you with violation of Wisconsin Statute regarding gun free zones," Nieskes wrote.

Nieskes noted that the man has no criminal record, and there was no showing of irresponsible use of the firearm.

He also cited a recent memo issued by Wisconsin Attorney General J.B. Van Hollen that people have a constitutional right to openly carry firearms, as long as they aren't violating restrictions set in other laws. But Van Hollen also said police have the right to check anyone seen carrying a gun in that way.

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