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Thread: Village of Richfield - ordinance against carrying firearms on public grounds

  1. #1
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    Village of Richfield - ordinance against carrying firearms on public grounds

    I just came across this in the Village of Richfield (where I live) regarding the carrying of firearms on public grounds.

    http://www.ecode360.com/16178781

    Public Grounds definition: All public parks owned or operated by the Village.
    270-2: It shall be unlawful for any person to commit any of the following acts in or upon any public grounds in the Village:
    (E): Firearms: to carry, keep or use any firearm, bow and arrow, slingshot, trap gun or other shooting device.

    I believe this ordinance to be in violation of the state's preemption laws. I have sent the following email (name/address redacted) to the members of the village board. Anyone have any other thoughts/suggestions? Have I done the correct thing?

    Hello and good afternoon!

    My name is REMOVED and I reside within the village of Richfield. I recently discovered a section of the Village Ordinances which appears to be in contradiction of Wisconsin State Law. The Richfield Village ordinance regarding Parks and Recreation, Prohibited acts 270-2 subsection E indicates it is against village ordinance to carry a firearm.

    The state's law regarding parks and public grounds, statute 29.089 was revised by act 168 to no longer regulate or prohibit the carrying of firearms in parks, and there is no state law restricting the carrying of firearms on public grounds. According to the state's preemption law regarding the regulation of firearms 66.0409, subsection 1b and subsection 2: 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.

    I believe that Richfield's ordinance 270-2(E) is not in accordance with the state law. I would politely request that the board modify 270-2(E) to remove the portion that restricts the carrying of firearms on public grounds within the Village of Richfield. Thank you for your time!
    Last edited by bmwguy11; 10-22-2015 at 02:24 PM.

  2. #2
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    You have done the correct thing.

    Note that there is no mechanism for enforcement, no office commissioned to enforce and no penalty for violation of Wisc. Stats. 66.0409.

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  3. #3
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    Closing the loop on this, last night the village board voted an amendment to the ordinance, so it is now inline with state laws.

  4. #4
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    Quote Originally Posted by bmwguy11 View Post
    I just came across this in the Village of Richfield (where I live) regarding the carrying of firearms on public grounds.

    http://www.ecode360.com/16178781

    Public Grounds definition: All public parks owned or operated by the Village.
    270-2: It shall be unlawful for any person to commit any of the following acts in or upon any public grounds in the Village:
    (E): Firearms: to carry, keep or use any firearm, bow and arrow, slingshot, trap gun or other shooting device.

    I believe this ordinance to be in violation of the state's preemption laws. I have sent the following email (name/address redacted) to the members of the village board. Anyone have any other thoughts/suggestions? Have I done the correct thing?
    Those laws are not enforceable being superseded by SB92/ACT35. Generally speaking, because there are exceptions, a local ordinance cannot be MORE STRICTER than state statutes. A little while back one town in WI was still enforcing the local ordinance and even a lawyer or law professor didn't know that those ordinances were moot. Only you cannot discharge a firearm in city/town/village unless the actor's actions justify it. This still applies.

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