Results 1 to 12 of 12

Thread: Possession in public park (ozaukee county/saukville)

  1. #1
    Regular Member
    Join Date
    Sep 2012
    Location
    wisconsin
    Posts
    2

    Possession in public park (ozaukee county/saukville)

    Am I to understand that if I have a cc permit that open/concealed Possession in public park is ok???


    http://www.ecode360.com/9826562?high...irearm#9826562

    [Amended 1-19-2010 by Ord. No. 704; 11-1-2011 by Ord. No. 721]

    A. Discharge. No person other than an authorized police officer shall discharge any firearm within the Village, except that the Board may issue permits to an organized gun club to engage in target practice within the Village at times and places designated by the Chief of Police. This subsection does not apply and may not be enforced if the actor’s conduct was justified or, had it been subject to a criminal penalty, would have been subject to a defense described in § 939.45, Wis. Stats.

    B. Possession in public park. No person shall have in his or her possession or under his or her control a firearm on land located within a public park unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to a licensee or out-of-state licensee, as defined in § 175.60(1), Wis. Stats., if the firearm is a weapon as defined in § 175.60(1)(j), Wis. Stats., or to a law enforcement officer, a qualified out-of-state law enforcement officer, or a former officer as defined in and subject to the conditions contained in § 941.23, Wis. Stats.

  2. #2
    Regular Member Horseman's Avatar
    Join Date
    Jun 2009
    Location
    , ,
    Posts
    55
    [QUOTE=jpoke5;1819944]Am I to understand that if I have a cc permit that open/concealed Possession in public park is ok???


    http://www.ecode360.com/9826562?high...irearm#9826562

    Yes, but watch in case individual buildings are posted (like the restrooms). Carry on.
    Last edited by Horseman; 09-03-2012 at 03:25 PM.

  3. #3
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711
    Wisconsin state law preempts localities generally from enacting gun carry bans; this park carry ban on non-permit holders is arguably preempted.

  4. #4
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    Location
    in front of my computer, WI
    Posts
    4,426
    Am I to understand that if I have a cc permit that open/concealed Possession in public park is ok???
    The short answer is yes. Here are the laws supporting that.

    29.089 (2)
    (2) Except as provided in sub. (3), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to any of the following:

    (d) A licensee ... or an out-of-state licensee ... if the firearm is a handgun, as defined in s. 175.60 (1) (bm).
    Effective 01JAN13 it changes:
    (2) No person may have in his or her possession or under his or her control a firearm on land located in state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to any of the following:

    (d) A licensee ... or an out-of-state licensee ... if the firearm is a handgun, as defined in s. 175.60 (1) (bm).
    Notice the absence of "state parks" after the change...
    Combine that with preemption, and after the first of the year anyone will be legal to carry in any park.
    (So municipalities that copied the new "gotta have a permission slip" law will have to waste taxpayer money by changing local law again.)

    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.
    Last edited by MKEgal; 09-07-2012 at 08:07 PM.

  5. #5
    Regular Member
    Join Date
    Apr 2009
    Location
    Cudahy, Wisconsin, USA
    Posts
    326
    Quote Originally Posted by jpoke5 View Post
    Am I to understand that if I have a cc permit that open/concealed Possession in public park is ok???


    http://www.ecode360.com/9826562?high...irearm#9826562

    [Amended 1-19-2010 by Ord. No. 704; 11-1-2011 by Ord. No. 721]

    A. Discharge. No person other than an authorized police officer shall discharge any firearm within the Village, except that the Board may issue permits to an organized gun club to engage in target practice within the Village at times and places designated by the Chief of Police. This subsection does not apply and may not be enforced if the actor’s conduct was justified or, had it been subject to a criminal penalty, would have been subject to a defense described in § 939.45, Wis. Stats.

    B. Possession in public park. No person shall have in his or her possession or under his or her control a firearm on land located within a public park unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to a licensee or out-of-state licensee, as defined in § 175.60(1), Wis. Stats., if the firearm is a weapon as defined in § 175.60(1)(j), Wis. Stats., or to a law enforcement officer, a qualified out-of-state law enforcement officer, or a former officer as defined in and subject to the conditions contained in § 941.23, Wis. Stats.


    mmmmm, ok the wife an I were up at Saint Francis Memorial Park for Labor day ( Sunday ) an it was Posted!! I haven't been by it to see if the size is still up, but It'll be on my honey do list for tuesday.

  6. #6
    Regular Member AaronS's Avatar
    Join Date
    May 2009
    Location
    Milwaukee, Wisconsin, USA
    Posts
    1,497
    I would have to say that if anyone were to have a issue in Ozaukee it would be me.

    I carry a lot, and I go to the parks to fish a lot.
    I do have the card, but I OC in the parks, and have never had any problems at all.
    Most of the parks in Ozaukee still have very old signs up. The big sign tells me no weapons are allowed, but the laws have changed. The signs are no longer valid for the parks, thank God...
    Carry on my friend.

  7. #7
    Regular Member Interceptor_Knight's Avatar
    Join Date
    May 2007
    Location
    Green Bay, Wisconsin, USA
    Posts
    2,839
    Quote Originally Posted by Mike View Post
    Wisconsin state law preempts localities generally from enacting gun carry bans; this park carry ban on non-permit holders is arguably preempted.
    Nobody has successfully argued in court that a municipal park ban is more stringent than a State Park ban. They are both parks and the bans are similar. You will definitely not beat the ride and you had better have a pile of cash to beat the rap.

  8. #8
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711
    Quote Originally Posted by Interceptor_Knight View Post
    Nobody has successfully argued in court that a municipal park ban is more stringent than a State Park ban. They are both parks and the bans are similar. You will definitely not beat the ride and you had better have a pile of cash to beat the rap.
    Has anyone been unnsuccessful in such an argument? That is the correct question.

  9. #9
    Regular Member Interceptor_Knight's Avatar
    Join Date
    May 2007
    Location
    Green Bay, Wisconsin, USA
    Posts
    2,839
    Quote Originally Posted by Mike View Post
    Has anyone been unnsuccessful in such an argument? That is the correct question.
    A very relevant question is whether anyone has been advised by an attorney that such an argument is valid. I have mentioned before that I have been personally been advised to the contrary by multiple attorneys. As is always the case, consult your attorney before you do something which has a significant chance of you needing a legal defense for.

  10. #10
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915
    Just visiting from out of state... but this sounds quite similar to a situation recently encountered in Georgia. Georgia Code 16-11-173 prohibits any county or municipal organization from regulating firearms. Several counties and especially city/county parks were notified that they were not in compliance with state law and given the opportunity to change their ordinances before being sued in civil court.
    If you would take a moment to look on the right side of this page you can see a short list of some of the municipalities that were affected. John R. Monroe, an attorney and member of GeorgiaCarry.com, was quite influential in obtaining a successful resolution to a problem quite similar to the one you're seeing in Wisconsin.

  11. #11
    McX
    Guest
    i was kinda wondering about this topic myself. i went down to Petrifying Springs for a spring water run. i didnt see it posted anywhere, but hadn't been there in years, and there was heat lurking in the parkinglot, so i played it safe and left it in the car.

  12. #12
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    Location
    in front of my computer, WI
    Posts
    4,426
    Quote Originally Posted by Fallschirmjäger
    this sounds quite similar to a situation recently encountered in Georgia. Georgia Code 16-11-173 prohibits any county or municipal organization from regulating firearms.
    ...
    John Monroe ... was quite influential in obtaining a successful resolution to a problem quite similar to the one you're seeing in Wisconsin.
    John is a great guy.

    WI law does not prohibit municipalities from regulating firearms (unfortunately).
    WI law does prohibit municipalities from enforcing firearms laws which are more strict than state law.

    Unless someone is hassled in a municipality by LEO trying to enforce a law which is more strict than state law, there's not really a problem to be solved.

    The times I'm aware of that happening (incidents reported here on OCDO), the hassle-ee has informed the city board / attorney / chief LEO of the state's preemption law [after the hassling incident] and the ticket went away. Usually, the local ordinance was corrected.

    It makes sense to me that localities would either not have their own laws, or would say "in case of firearm, reference state statute XXX.XX".

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •