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Thread: Everyone including the cops need to know the Wisconsin preemption law

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    Founder's Club Member bnhcomputing's Avatar
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    http://www.examiner.com/x-5103-Wisco...preemption-law

    [size=
    I have a newsflash for our friends in law enforcement. If you think you can continue to arrest lawfully armed citizens for violating some local gun ordinance that is more restrictive than state law, don’t try.][/size]

    [size=You guy’s (and gals) need to understand the good old day’s of your denying citizens the ability to exercise their right and authority to bear arms - under color of law - are over.Don’t put yourself, your department and your city, county or state at risk of a lawsuit that you will likely loose. You also risk getting yourself shot or shooting an innocent person.][/size]

    [size=I hope most of you have heard about the Brad Krause incident in West Allis by now. In case you have missed it, below is a link to a podcast from Saturday March 14th when Brad discussed his arrest as a guest on WSSP radio in Milwaukee. Pay attention to the retired Milwaukee cop who calls near the end of the show. Although he is told about the states preemption law, he just ignores the fact and insists that he would be right to arrest someone and charge them with disorderly conduct. ][/size]

    http://www.sportsradio1250.com/CUTTING-EDGE-OUTDOORS/1115758

    [size=Below is state statute outlining what firearms activities local governments can and can not regulate. Please read it and understand it. If ignorance of the law is no excuse for me, it surely is no excuse for you law enforcers either! Some training may be needed. ][/size]

    [size=Let me remind you Wisconsin has an open carry law (Wis. Stat. § 941.23)][/size][size=you must follow.][/size]

    66.0409. Local regulation of firearms.
    (1) In this section:
    (a) "Firearm" has the meaning given in s.
    167.31 (1) (c).
    (b) "Political subdivision" means a city,
    village, town or county.
    (c) "Sport shooting range" means an area designed and operated for the practice of weapons used in hunting, skeet shooting and similar sport shooting.
    (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.
    (3)(a) Nothing in this section prohibits a county from imposing a sales tax or use tax under subchapter V of chapter 77 on any firearm or part of a firearm, including ammunition and reloader components, sold in the county.
    (b) Nothing in this section prohibits a city, village or town that is authorized to exercise village powers under s. 60.22 (3) from enacting an ordinance or adopting a resolution that restricts the discharge of a firearm.
    (4)(a) Nothing in this section prohibits a political subdivision from continuing to enforce an ordinance or resolution that is in effect on November 18, 1995, and that regulates the sale, purchase, 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, if the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
    (am) Nothing in this section prohibits a political subdivision from continuing to enforce until November 30, 1998, an ordinance or resolution that is in effect on November 18, 1995, and that requires a waiting period of not more than 7 days for the purchase of a handgun.
    (b) If a political subdivision has in effect on November 17, 1995, an ordinance or resolution that regulates the sale, purchase, 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, and the ordinance or resolution is not the same as or similar to a state statute, the ordinance or resolution shall have no legal effect and the political subdivision may not enforce the ordinance or resolution on or after November 18, 1995.
    (c) Nothing in this section prohibits a political subdivision from enacting and enforcing a zoning ordinance that regulates the new construction of a sport shooting range or when the expansion of an existing sport shooting range would impact public health and safety.
    (5) A county ordinance that is enacted or a county resolution that is adopted by a county under sub. (2) or a county ordinance or resolution that remains in effect under sub. (4) (a) or (am) applies only in those towns in the county that have not enacted an ordinance or adopted a resolution under sub. (2) or that continue to enforce an ordinance or resolution under sub. (4) (a) or (am), except that this subsection does not apply to a sales or use tax that is imposed under subchapter V of chapter 77.

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    Brad's segment starts at about 18:00.

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