Shotgun
Wisconsin Carry, Inc.
imported post
I conducted an informal survey of the local ordinances of the 20 largest cities in Wisconsin to see how many continue to have ordinances on their books impacting open carry which are clearly preempted by state statute (i.e., invalid and unenforceable.)
Note: I looked primarily for ordinances that would involve open carry per se. Be aware that some municipalities have other ordinances that are also preempted under the state's firearms preemption statute: Madison is a perfect example because it has preempted ordinances regarding "barbed bullets" "short barrel handguns" etc.
I have cited the particular chapter, title or section of the preempted local ordinance for reference. Here is what I found for the largest 20 cities in Wisconsin, by order of population:
1) Milwaukee (596974): 105.34 (1)(b)
2) Madison (208054): 25.01(7)
3) Green Bay (102313): 27.604(3)(a)
4) Kenosha (90352): Nothing prohibiting open carry. [Note: City ordinance does prohibit carrying a concealed "pea shooter!"] :quirky
5) Racine (81855): 66-58
6) Appleton (70087): Nothing prohibiting open carry.
7) Waukesha (64825): Nothing prohibiting open carry.
8) Oshkosh (62916): 17-3(A) [Note: Somewhat ambiguous wording of this ordinance. One might plausibly argue it only prohibits concealed weapons, but it appears to prohibit both open and concealed by my interpretation.]
9) Eau Claire (61704): 9.32.040(F) [Note: requires firearms to be unloaded and encased.]
10) West Allis (61254): Nothing prohibiting open carry.
11) Janesville (59498): Nothing prohibiting open carry.
12) La Crosse (51818): 7.01(B)
13) Sheboygan (50792): 70-252 and 70-253
14) Wauwatosa (47271): Nothing prohibiting open carry.
15) Fond du Lac (42203): Nothing prohibiting open carry.
16) Brookfield (38649): 9.28.010 [Note: requires firearms to be unloaded and knocked down, or encased.]
17) Wausau (38426): 9.08.010(a)
18) New Berlin (38220): Nothing prohibiting open carry.
19) Beloit (35775): Nothing prohibiting open carry.
20) Greenfield (35476): 10.01
So, it appears that 11 of the 20 largest cities fail to be in compliance with state law. If I have missed anything, please submit a correction!
I am perhaps a little surprised that 9 cities are in compliance. I expected maybe 3 or 4.
Edited 10/27 to include populations as of last official census.
The next 20 largest cities (added 10/27/08)
21) Manitowoc (34053): Nothing prohibiting open carry.
22) Menomonee Falls (32647): Section 62-87
23) Franklin (29494): Nothing prohibiting open carry.
24) Oak Creek (28456): 11.21(b) [Note: Although this section of the ordinance is entitled "concealed weapons in public establishments" it appears to prohibit all firearms that are "readily accessible" in "a business establishment open to the public."
25) West Bend (28152): Nothing prohibiting open carry.
26) Superior (27368): 86-74(b)
27) Stevens Point (24551): Nothing prohibiting open carry.
28) Neenah (24507): Nothing prohibiting open carry.
29) Mequon (21823): 46-107
30) Watertown (21598): 11.32
31) Muskego (21598): 9.01(1)(a)
32) South Milwaukee (21256): Nothing prohibiting open carry. :celebrate
33) De Pere (20559): 142.2
34) Fitchburg (20501): Nothing prohibiting open carry. [Note: City ordinances are not available online. I called the city clerk and was referred to the police department, which tried to refer me back to the clerk's office :? but was told by PD that there is no city ordinance regarding the bearing of firearms and that one "just needs to follow state law."
35) Sun Prairie (20369): 9.32.010
36) Marshfield (18800): Nothing prohibiting open carry.
37) Wisconsin Rapids (18435): 25.12
38) Cudahy (18429): 9.02(2)(a)
39) Germantown (18260): Nothing prohibiting open carry.
40) Ashwaubenon (17634): 9.02(1)
I conducted an informal survey of the local ordinances of the 20 largest cities in Wisconsin to see how many continue to have ordinances on their books impacting open carry which are clearly preempted by state statute (i.e., invalid and unenforceable.)
Note: I looked primarily for ordinances that would involve open carry per se. Be aware that some municipalities have other ordinances that are also preempted under the state's firearms preemption statute: Madison is a perfect example because it has preempted ordinances regarding "barbed bullets" "short barrel handguns" etc.
I have cited the particular chapter, title or section of the preempted local ordinance for reference. Here is what I found for the largest 20 cities in Wisconsin, by order of population:
1) Milwaukee (596974): 105.34 (1)(b)
2) Madison (208054): 25.01(7)
3) Green Bay (102313): 27.604(3)(a)
4) Kenosha (90352): Nothing prohibiting open carry. [Note: City ordinance does prohibit carrying a concealed "pea shooter!"] :quirky
5) Racine (81855): 66-58
6) Appleton (70087): Nothing prohibiting open carry.
7) Waukesha (64825): Nothing prohibiting open carry.
8) Oshkosh (62916): 17-3(A) [Note: Somewhat ambiguous wording of this ordinance. One might plausibly argue it only prohibits concealed weapons, but it appears to prohibit both open and concealed by my interpretation.]
9) Eau Claire (61704): 9.32.040(F) [Note: requires firearms to be unloaded and encased.]
10) West Allis (61254): Nothing prohibiting open carry.
11) Janesville (59498): Nothing prohibiting open carry.
12) La Crosse (51818): 7.01(B)
13) Sheboygan (50792): 70-252 and 70-253
14) Wauwatosa (47271): Nothing prohibiting open carry.
15) Fond du Lac (42203): Nothing prohibiting open carry.
16) Brookfield (38649): 9.28.010 [Note: requires firearms to be unloaded and knocked down, or encased.]
17) Wausau (38426): 9.08.010(a)
18) New Berlin (38220): Nothing prohibiting open carry.
19) Beloit (35775): Nothing prohibiting open carry.
20) Greenfield (35476): 10.01
So, it appears that 11 of the 20 largest cities fail to be in compliance with state law. If I have missed anything, please submit a correction!
I am perhaps a little surprised that 9 cities are in compliance. I expected maybe 3 or 4.
Edited 10/27 to include populations as of last official census.
The next 20 largest cities (added 10/27/08)
21) Manitowoc (34053): Nothing prohibiting open carry.
22) Menomonee Falls (32647): Section 62-87
23) Franklin (29494): Nothing prohibiting open carry.
24) Oak Creek (28456): 11.21(b) [Note: Although this section of the ordinance is entitled "concealed weapons in public establishments" it appears to prohibit all firearms that are "readily accessible" in "a business establishment open to the public."
25) West Bend (28152): Nothing prohibiting open carry.
26) Superior (27368): 86-74(b)
27) Stevens Point (24551): Nothing prohibiting open carry.
28) Neenah (24507): Nothing prohibiting open carry.
29) Mequon (21823): 46-107
30) Watertown (21598): 11.32
31) Muskego (21598): 9.01(1)(a)
32) South Milwaukee (21256): Nothing prohibiting open carry. :celebrate
33) De Pere (20559): 142.2
34) Fitchburg (20501): Nothing prohibiting open carry. [Note: City ordinances are not available online. I called the city clerk and was referred to the police department, which tried to refer me back to the clerk's office :? but was told by PD that there is no city ordinance regarding the bearing of firearms and that one "just needs to follow state law."
35) Sun Prairie (20369): 9.32.010
36) Marshfield (18800): Nothing prohibiting open carry.
37) Wisconsin Rapids (18435): 25.12
38) Cudahy (18429): 9.02(2)(a)
39) Germantown (18260): Nothing prohibiting open carry.
40) Ashwaubenon (17634): 9.02(1)