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Thread: Minocqua town ordinance 41-19

  1. #1
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    Shotgun posted this ordinance earlier, and I finally found it online, Thank you.

    I had also spoken to a Minocqua Police officer, and in so many words or less he stated "Open Carry of a holstered firearm by itself is gronds to be arrested and acherged with disorderly conduct, yes you will be arested if seen with a handgun on your side" BTW the date of this encounter is/was April 23,2009

    So obviously the AG's memo means nothing to the police up here and they will continue to violate peoples rights!



    Sec. 41-19. Possession of hand guns in public buildings.


    (a)Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

    Handgun shall be defined as in Wis. Stats. ยง 175.35, or its successor.

    Public building means any church, school, store, except stores in which handguns are sold, office, town-owned building, tavern, restaurant or other building in which the public is allowed to congregate.

    (b)Prohibitions.

    (1)No person shall enter or remain in any public building located within the town while in possession of any handgun. This prohibition applies to all handguns, including those in cases, holsters, and other enclosures.

    (2)No parent or adult guardian shall permit his child or ward to violate this section.

    (c)Exceptions.

    (1)The owner of any public building other than a town-owned building, or such owner's authorized employee, may keep handguns on his premises as a means of protecting himself, his patrons, and his property.

    (2)Nothing in this section shall be construed to limit the right of duly authorized peace officers to possess handguns while on duty.


    look at what is defined as a "Public Building" anywhere in minocqua

    I am aware that state law preempts this town ordinance, but going through the hassle of being arrested, having my handgun confiscated, and dealing with the legal BS afterwards just does not rub me in the right direction!

    Can anyone recommend an attorney that would work pro-bono in this area?

    The word on the street this week is that anyone that decides to open carry will be left alone if they are outside of the downtown area, but if you dare venture into the downtown area that you will be arrested and charged with a few possible charges anywhere from disorderly, disturbing the peace (which I cannot find a statute on in state or town ordinances) and possibly even public endangerment!

    I will challenge these charges if/when arrested, but i find it would be much easier if I were to not go this alone! Any WI attorneys on board that would care to represent me in court? Any suggestions on who to call to see if they are willing to represent me?

    Comments, Suggestions?

    Thank you,
    Harold N.

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    I simply wrote my local authorites and reminded them thatout similar localordinance was unenforceable; they all know this, but it wouldn't hurt to simply talk to your county/city clerk about how to get the ordinance removed officially from the books.

    Cops are not lawyers...

  3. #3
    Wisconsin Carry, Inc. Shotgun's Avatar
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    Rick Finsta wrote:
    Cops are not lawyers...
    Yes, Ed Flynn certainly is a good example to prove that point. Somebody ought to remind him that the Attorney General, however, IS a lawyer.
    A. Gold

    Failure to comply may result in discipline up to and including termination.
    The free man is a warrior. - Nietzsche "Twilight of the Idols"

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    I e-mailed the town supervisor yesterday pointing out that the town ordinance quoted is null and void with proper references. I have not gotten a reply as of yet.

    today I wandered into town with a friend withmy holster on my side, I carried my iphone and a fixed bladeknife in it that has a handle very similar tomy revolvers grip, We went to the antique mall downtown, the one by Micky D's, stopped at the former dairy queen location for some ice cream and loitered outside there for a while, and sniffed aroundat the Chef's Shop without incident. My friend noticed a few odd pointings and looks from people, but no police involvment or sightings of police or sherriff's.

    I will wait until a weekday to carrymy holstered firearm in town, because I would rather not spend a weekend at the county managed hotel, A few hours is acceptable, but not a weekend! the food sucks (from what I have heard) and the maids and housekeepers are noted to be cranky and ugly.

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    Founder's Club Member bnhcomputing's Avatar
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    Nutczak wrote:
    today I wandered into town with a friend withmy holster on my side, I carried my iphone and a fixed bladeknife in it that has a handle very similar tomy revolvers grip

    I would remind you that the preemption is ONLY FIREARMS. Knives are not covered

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    Nutczak:

    First thing I would do is send a copy of state statute 66.0409 and a copy of the AG memorandum to the City Attorney, County District Attorney, Chief of Police and Mayor or Village president if that be the case. I would include a cover letter saying something to the effect that you are providing the information for their review and comment. The cover letter would give you a mechanism to show each of the recipients who else got a copy. I would send the information by USPS registered mail. Registered mail requires a signature signifying they received the documents. It'll probably cost you a buck per package but you will know that there is a level playing field and that none of those contacted can plead they didn't know about the law. Sometimes you get better answers if the person you discuss a subject with know that other influential persons also got the same information. The person is more apt to be truthful when they don't know what and if you got answers from the others. It's an old trick but it works more often than not. The registration receipts can even come in handy in case of a "dowtown" meeting.

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