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Thread: Madison Over Stepping State Laws ?

  1. #1
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    I thought some here might be interested in a thread on The Daily Page Forum from Madison, WI.

    http://www.thedailypage.com/forum/vi...35&t=44209

    The Daily Page is the web forum for the weekly Isthmus newspaper. I think it would be interesting to see folks from this board chime in on that thread. I don't feel I am as well versed in the letter of the law as some people on this board.

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    Eric wrote:
    I don't feel I am as well versed in the letter of the law as some people on this board.
    What questions might you have or with what conclusions do you need assistance?

    Preemption has already been cited Wisc. Stats Chapter 66.0409. Read it yourself at
    http://www.legis.state.wi.us/rsb/stats.html

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    What I meant to say is that I don't feel I'm as well versed in the law to get into the heated argument over there. It would be pretty easy for me to mis-speak or mis-quote the law. I am familiar with preemption that is stated in Wisc. Stats Chapter 66.0409. However, a lot of the discussion over on the Daily Page relates to the fact that the city has fenced off a portion of State Street for the event and by doing so, (some believe) has changed public property to government property.

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    Prohibition of firearm carry on government property applies only to the buildings not the grounds.

    ss941.235

    Any person who goes armed in any building owned or leased by the state or any political subdivision is guilty of a class A misdemeanor.

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    Eric:

    These are the Wisconsin state firearm laws. The emphasis in the statutes are mine.

    Article I section 25 of the Wisconsin constitution:

    The people have the right to keep and bear arms for security, defense, hunting,recreation or any other lawful purpose.


    66.0409 Local Regulations of Firearms

    66.0409(2)
    (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.

    941.23 Carrying concealed weapon.

    Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor. Note: Only prohibits concealed weapons not visible weapons.


    941.235 Carrying firearm in public building.

    941.235(1)
    (1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor.

    167.31 Safe use and transportation of firearms and bows.

    167.31(2)(b)
    (b) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

    941.237 Carrying handgun where alcohol beverages may be sold and consumed.

    2) Whoever intentionally goes armed with a handgun on any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125 is guilty of a Class A misdemeanor.

    948.605 Gun-free school zones.

    948.605(2)(a)
    (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony.



  6. #6
    Regular Member opusd2's Avatar
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    These wonderful responses in the Isthmus is why I am so happy to not be living in that city anymore. When asked at work what I was doing over the Thanksgiving weekend what I would be doing and after mentioning I would be deer hunting, I often received responses akin to suggesting that Bambi be killed and skinned on the Capitol steps. Come to think of it, I bet Bambi was tender...

    Anyway, it's amazing when you are continually told by the inhabitants of Madison just how open minded they are and yet they will turn their backs to values and traditions of earlier generations. Hey, if you want dangerous just go visit Allied and Badger and enjoy how comfortable you feel. I once worked at an HVAC company just south of the city and had to perform emergency repairs that lasted nearly three days while working doubletime at the aforementioned are and can say that I nearly didn't have my work van waiting for me outside when leaving. And the empty shell casings on the basement steps leading down to the basement were just precious as well.

    I didn't forget the point I was going to make. It is that the elitists of Madison and Dane county need to look within at current conditions before passing judgments on what isn't allowed. Considering the not-so-small problem they have with the coordination of police to emergency calls and the 411 system, I'd say there is more to worry about there than people exercising the rights that they do not approve of.
    I aim to misbehave

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    I would like to clarify my post concerning Wisconsin firearm laws. It may appear to some that I implied that those laws listed are the only state firearm laws. They are not. There are others that relate to purchase, age requirements, intentionaly pointing a firearm at another person, reckless handling, minimum barrel lenths for shotguns and rifles and possibly others lurking in the cornicopa of legal confusion. The statutes I listed are the ones I feel are most relevant to our cause of open carry.

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    Something called "Freakfest" doesn't sit on my list of things to attend, ever.

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    Regular Member opusd2's Avatar
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    Back in my wild college days I would have probably attended Freakfest just because at that time I'd party for party sake. Perhaps just being in a VERY left leaning city like Madison I would be a freak since I never subscribed to a collective when choosing my personality. I've attended the Mifflin Street Block Party a few times in my life when I was younger and am glad I did that since I have had exposure to beliefs other than my own and feel more informed of different ways of living and thinking. However I'd have to bow out on any invitation to go to such events now as my patience dealing with people who judge me on certain conservative views are waning.


    I aim to misbehave

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    opusd2 wrote:
    Back in my wild college days I would have probably attended Freakfest just because at that time I'd party for party sake. Perhaps just being in a VERY left leaning city like Madison I would be a freak since I never subscribed to a collective when choosing my personality. I've attended the Mifflin Street Block Party a few times in my life when I was younger and am glad I did that since I have had exposure to beliefs other than my own and feel more informed of different ways of living and thinking. However I'd have to bow out on any invitation to go to such events now as my patience dealing with people who judge me on certain conservative views are waning.

    I agree...I'm only 24 but the last "event" I went to in Madison ended with tear gas and stormtroopers...uh I mean riot police.

    And as for Madison overstepping it's authority....ummm it always has and always will...just like Milwaukee...heck even my podunk town with 366 people has an ordinance banning the carry of firearms.

  11. #11
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    Nytedrgn wrote:
    opusd2 wrote:
    Back in my wild college days I would have probably attended Freakfest just because at that time I'd party for party sake. Perhaps just being in a VERY left leaning city like Madison I would be a freak since I never subscribed to a collective when choosing my personality. I've attended the Mifflin Street Block Party a few times in my life when I was younger and am glad I did that since I have had exposure to beliefs other than my own and feel more informed of different ways of living and thinking. However I'd have to bow out on any invitation to go to such events now as my patience dealing with people who judge me on certain conservative views are waning.

    I agree...I'm only 24 but the last "event" I went to in Madison ended with tear gas and stormtroopers...uh I mean riot police.

    And as for Madison overstepping it's authority....ummm it always has and always will...just like Milwaukee...heck even my podunk town with 366 people has an ordinance banning the carry of firearms.
    Having an unenforceable ordinance on the books is one thing. Acting in a manner as if one could enforce it is quite another thing. Implying that firearms were prohibited on State Street on that night is the latter.
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  12. #12
    Regular Member opusd2's Avatar
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    I hate to think this way but here in WI I believe it's just safe to assume that individual responsibility and free thinking is a thing of the past. At least if it makes sense and you want it to be accepted by the liberal powers that be. Freedom is a fight, and it's worth doing.

    The only person you can trust with what is best for you, is you. The saying that "it isn't paranoia if they really are out to get you" is a safe idea to chew on. Since CC is not legal in WI and OC tends to cause problems, we need to be as (if not more) prepared for trouble than residents of other states since it is not as readily accepted that we take care of our own butts by the lawmakers and enforcers here.
    I aim to misbehave

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