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Thread: state law, or individual municipalities???

  1. #1
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    state law, or individual municipalities???

    So was talking to somebody today, and they brought up something that I haven't heard before (i don't think).

    they said that unlike other states where the carry laws apply to the entire state regardless of location, wisconsin has it where each city can have it's own rules.

    examples he brought up were:

    1) gun free school zone. claiming that in watertown for example it's illegal to carry through a school zone even with a CCW.
    I was under the impression that ANYWHERE in wisconsin, the same rules/laws about GFSZ applied. no carry in school zone without a permit, carry in school zone with a permit, regardless if open or concealed carrying.

    2) government buildings make their own decisions whether or not to post their buildings or not. quoted local city owned airport and 1 other place (sorry can't remember which) that recently decided it was ok to carry in their buildings. i was under the impression that:
    "Any portion of a building that is a police station, sheriff‘s office, state patrol station, or
    the office of a Division of Criminal Investigation special agent of DOJ.
     Any portion of a building that is a prison, jail, house of correction, or secured
    correctional facility.
     The Sand Ridge Secure Treatment Center, the Wisconsin Resource Center, or any
    secured unit or secured portion of a mental health institution, including a facility
    designated as the Maximum Security Facility at the Mendota Mental Health Institute.
     Any portion of a building that is a county, state, or federal courthouse.
     Any portion of a building that is a municipal courtroom if court is in session.
     A place beyond a security checkpoint in an airport. "



    so do the wisconsin carry laws apply uniformly state wide, or can individual counties, cities, etc.. establish their own rules, and if so to what extend???

    Thanks.

  2. #2
    Regular Member Interceptor_Knight's Avatar
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    Watertown (or any other political subdivision of WI) may not have its own ordinances regarding GFSZ. Any licensee or oos licensee may carry with a license openly or concealed so long as they are not in or on the grounds of a 1-12 school.
    Government buildings are off limits for anyone who is not a licensee. State Statute prohibits all persons including licensees from carrying in specific buildings or portions of buildings as you mentioned above. An airport may restrict or not restrict carry before a security checkpoint. Political subdivisions may restrict licensees from their buildings but not from their property. Political subdivisions may prohibit non-licensees from carrying on their property which includes parks, greenways, etc
    Last edited by Interceptor_Knight; 06-29-2012 at 05:30 PM.

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    Quote Originally Posted by Interceptor_Knight View Post
    Watertown (or any other political subdivision of WI) may not have its own ordinances regarding GFSZ. Any licensee or oos licensee may carry with a license openly or concealed so long as they are not in or on the grounds of a 1-12 school.
    Government buildings are off limits for anyone who is not a licensee. State Statute prohibits all persons including licensees from carrying in specific buildings or portions of buildings as you mentioned above. An airport may restrict or not restrict carry before a security checkpoint. Political subdivisions may restrict licensees from their buildings but not from their property. Political subdivisions may prohibit non-licensees from carrying on their property which includes parks, greenways, etc
    Any suggestions on how to show text or cite or how to proof that i'm right. It was a friendly conversation,
    And the guy also started to doubt himself, and asked me if i could show him something if i am in fact
    Right.

    Thanks

  4. #4
    Regular Member oliverclotheshoff's Avatar
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    also there is the states preemption law basically stating no local city village or county can enforce a firearm law that is more strict than the state law

    https://docs.legis.wisconsin.gov/sta...tes/66/IV/0409

    also motofixer made a great little what you should know about carrying firearms thread
    http://forum.opencarry.org/forums/sh...ou-should-know
    Last edited by oliverclotheshoff; 06-29-2012 at 07:20 PM.
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  5. #5
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Interceptor_Knight
    Watertown (or any other political subdivision of WI) may not have its own ordinances regarding GFSZ.
    Nitpick: they can have all the local ordinances they want, if they're equal to (or more citizen-friendly than) state law.

    But I agree with everything else you said there.
    66.0409 (2) Except as provided in subs. (3) and (4), no political subdivision may enact an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.

  6. #6
    Regular Member AaronS's Avatar
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    Quote Originally Posted by MKEgal View Post
    Nitpick: they can have all the local ordinances they want, if they're equal to (or more citizen-friendly than) state law.

    But I agree with everything else you said there.

    Yep, 66.0409 stops this kind of thinking.

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    And is probably a good thing..

    Quote Originally Posted by AaronS View Post
    Yep, 66.0409 stops this kind of thinking.
    Since violations of local ordinances almost invariably carry lighter penalties.

  8. #8
    Regular Member TyGuy's Avatar
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    This has already been covered, but what about in stores that sell alcohol (grocery stores, liquor stores, etc...) versus establishments where you can consume alcohol (restraint, bar, etc...)??

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by TyGuy View Post
    This has already been covered, but what about in stores that sell alcohol (grocery stores, liquor stores, etc...) versus establishments where you can consume alcohol (restraint, bar, etc...)??
    There is no State Statute regarding liquor stores and carrying with or without a license.

  10. #10
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by scorpio_vette View Post
    Any suggestions on how to show text or cite or how to proof that i'm right. It was a friendly conversation,
    And the guy also started to doubt himself, and asked me if i could show him something if i am in fact
    Right.

    Thanks
    The State Preemption Statute mentioned above.

  11. #11
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by TyGuy
    This has already been covered, but what about in stores that sell alcohol (grocery stores, liquor stores, etc...) versus establishments where you can consume alcohol (restaurant, bar, etc...)??
    Different sort of liquor license.
    The restriction is on a class B establishment, what's called in the law a 'tavern' - selling for on-premises consumption.
    See 941.237
    Also see chapter 125, subchapter 2, to learn what the different classes of license mean.
    Last edited by MKEgal; 06-30-2012 at 12:39 PM.

  12. #12
    Regular Member TyGuy's Avatar
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    Quote Originally Posted by MKEgal View Post
    Different sort of liquor license.
    The restriction is on a class B establishment, what's called in the law a 'tavern' - selling for on-premises consumption.
    See 941.237
    Also see chapter 125, subchapter 2, to learn what the different classes of license mean.
    That was my understanding from when OC was the only way to carry. So, I'm safe OCing or CCing in a grocery store that sells liquor then?

  13. #13
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by TyGuy View Post
    That was my understanding from when OC was the only way to carry. So, I'm safe OCing or CCing in a grocery store that sells liquor then?
    Yes you are. No further restrictions were placed on OC with Act 35 and some were lifted.

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