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Thread: County park rules.

  1. #1
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    Question County park rules.

    After seeing how many members are in the Dodge county area I thought it would be neat to have a get together. So I went to the Dodge County parks website and looked at the rules. I noticed this.

    Chapter 19.04 Prohibitive Activities and Park Regulation

    7 (a)
    Possessing or having control of any firearm or airgun as defined in § 939.22, Wis. Stats., unless it is unloaded and enclosed in a carrying case.

    Doesn't the State preemptive law make this obsolete? Or am I thinking of another state?

  2. #2
    Founder's Club Member bnhcomputing's Avatar
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    You are 100% correct, WI has state wide pre-emption. What it means is that the local ordinance has no force of law. You should be going to every meeting were public input is allowed and request the modify the ordinance to bring it in line with state law. Leaving it as it is, is intentional misleading the public. Carry on

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    Just fired off an email to the Dept of Land resources. Lets see where this goes. I will keep this updated as things happen.

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by bnhcomputing View Post
    You are 100% correct, WI has state wide pre-emption. What it means is that the local ordinance has no force of law. You should be going to every meeting were public input is allowed and request the modify the ordinance to bring it in line with state law. Leaving it as it is, is intentional misleading the public. Carry on
    WI Statutes prohibit guns in State Parks unless you are a licensee. A prohibition in a County Park is arguably similar and no more stringent than the State Statute so preemption does not apply. We have discussed this for over 4 years and nobody has been confident enough to file a suit or otherwise challenge it in court.

  5. #5
    Regular Member MKEgal's Avatar
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    That bit about "unless you're a licensee" will change as of 01JAN13.
    29.089 Hunting, fishing, and trapping on land in state parks and state fish hatcheries
    (2) 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...
    This was changed by 2011 WI Act 168.

    So it might still be worth getting in touch with the local Powers That Be, 'cause it's likely they're not going to move very quickly on correcting their laws / signs. Starting now, maybe by January it would be voted on.
    Last edited by MKEgal; 09-16-2012 at 10:34 AM.

  6. #6
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    Quote Originally Posted by Interceptor_Knight View Post
    WI Statutes prohibit guns in State Parks unless you are a licensee. A prohibition in a County Park is arguably similar and no more stringent than the State Statute so preemption does not apply. We have discussed this for over 4 years and nobody has been confident enough to file a suit or otherwise challenge it in court.
    If the Dodge county park prohibition does not have the exception for a licensee, it is more stringent than current state law, and in volation of the Wisconsin pre-emption statute. The "Local regulation of firearms" pre-emption statutue is here:
    https://docs.legis.wisconsin.gov/sta...tes/66/IV/0409

    As MKEgal points out, there will be no state statute restricting firearms in state parks as of Jan. 1, 2013.
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

  7. #7
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by E6chevron View Post
    If the Dodge county park prohibition does not have the exception for a licensee, it is more stringent than current state law, and in volation of the Wisconsin pre-emption statute.
    I am willing to wager that no licensees have been or will be cited.

  8. #8
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    Here is the response I received from the Parks dept at Dodge County.
    Mr. Grizz272
    Thanks for your email and interest in Dodge County Parks.

    We have had past communication with our Corporation Counsel and Sheriff’s Dept regarding this issue and we will be updating the Ordinance in the upcoming “off season” along with some other updates/revisions. In the meantime, this provision in our Ordinance is not being enforced.

    If you have any further questions or concerns, please feel free to contact me.

    Park Shelter reservations can be made by contacting our office at 920-386-3700, ext. 1.

    Bill Ehlenbeck, CPRP
    Manager of Parks and Trails - Dodge Count



    I think this is a good response. I think I will give him a call.

  9. #9
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    Grizz272,

    Thanks for the follow-up on this issue in Dodge County. The response is very positive in that it verifies that they are aware of the state laws and statutes, including the WI "Local Regulation of firearms" preemption statute.

    This does show how easily you can be misled, by ordinances that are technically in effect and on the books, but are in fact, NOT being enforced (by Law enforcement or district attorneys), because they violate other laws, rules, or case law.
    Last edited by E6chevron; 09-18-2012 at 02:32 AM.
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

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