Mike
Site Co-Founder
imported post
Sounds like some folks need to start open carrying in these cities, provided you can stay out of the pesky school zones!
Interestingly, the article makes no mention of Hamdan's lawful purpose doctrine which appears to call into question gun control laws in Wiscosnin generally even if not preempted.
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http://www.wiscnews.com/spe/news/451912
Village gun ordinances under fire
Photo by Todd Krysiak / Sauk Prairie Eagle
Candace Dainty, a Sauk City resident and state coordinator for the Second Amendment Sisters, believes that ordinances restricting how firearms can be carried in Sauk Prairie are illegal.
By Todd Krysiak, Sauk Prairie Eagle
A respresentative of a gun rights organization is questioning the legality of ordinances that place restrictions on gun owners when they enter the villages of Sauk City and Prairie du Sac .
Both villages require gun owners to unload and encase their weapons when in the villages.
Candace Dainty, who lives in Sauk City and is the state coordinator for the Second Amendment Sisters, said she believes the ordinances do not follow established state law and go against recent statements made by Wisconsin Attorney General J.B. Van Hollen about the right of citizens in Wisconsin to openly carry a firearm in the state.
"The state of Wisconsin says open carry is legal," she said.
However, ordinances that have been on the books in both villages for decades contradict that view and Sauk Prairie Police Chief Jerry Strunz referred to the ordinances when asked about how officers should handle a person who openly displays a firearm.
"Both communities have ordinances stating that weapons have to be unlocked and cased," he said.
Strunz said he believed most people living in and around Sauk Prairie were aware of the restrictions and followed them.
Dainty argued that the ordinances have no legal standing because of Wisconsin Act 72, passed in 1995. She said the Act restricts municipalities from passing laws that are more strict than state laws related to firearms. The Act states that any ordinances in place prior to the passage of the Act "shall have no legal effect."
Van Hollen's opinion was provided in a memorandum sent to prosecutors across the state in April and was intended as a guide for district attorneys considering whether to issue charges for gun-carrying violations.
Repeated phone calls and messages left on the telephone of Sauk County District Attorney Patricia Barrett seeking her perspective on the issue were not returned.
Sauk City attorney Erin Brennan, who handles prosecutions for Sauk City in Sauk Prairie Municipal Court, did not return a message left at her office Monday.
Village of Prairie du Sac Administrator Alan Wildman said application of the ordinance is "up to the officer in each situation."
He said he believed Van Hollen's comments were directed toward a specific incident in Milwaukee.
"As a municipality, one of our responsibilities is to provide for public safety," he said. "The village board decided this was an important public safety issue and a good thing to have on the books."
Wildman said an infraction that did not include any other kind of offense most likely would be a civil matter handled in municipal court with the strictest penalty amounting to a fine.
Some restrictions apply
State statutes do place some restrictions on open carry across the state and failure to follow many of those restrictions could result in criminal charges.
According to state law, firearms may not be concealed in any way, must be unloaded and secured in a closed case when transported in a vehicle, are not permitted in public buildings, cannot be carried within 1,000 feet of a school unless properly secured for travel, cannot be handled by anyone under the age of 18 and state law restricts carrying a firearm in bars and some other places where alcohol is sold.
Private business owners also have the ability to restrict people who openly display a firearm from entering their business.
A right to self-defense
Dainty said her organization supports gun rights because Wisconsin citizens should be able to defend themselves and all United States citizens have a Second Amendment right to bear arms.
"It's not about open carry, it's about people not overreacting," she said. "Cops carry guns with them and we think nothing of it, yet we see a civilian with a gun and we think 'Oh, my gosh he's gonna shoot me.' Come on, get a life."
Wildman said open carry laws don't work in today's culture, particularly in population centers.
"Given the population density of our communities, when a person walks down the street with a gun in this day and age, that's going to make folks uncomfortable," he said. "We're not saying they can't have a gun. We're not saying they can't carry a gun. We're just saying there's a way to do it without making everyone uneasy."
Wisconsin State Statute 66.0409 (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."
Village of Prairie du Sac Ordinance 9.2.1
"No person, except a sheriff, police officer or other law enforcement officer, shall ... have any firearm, compound or strung bow, rifle, spring gun, air gun or pneumatic pellet gun in his possession or under his control unless it is unloaded and enclosed or encased within a carrying case or other suitable container."
Village of Sauk City Ordinance 239-7A
"No person except a sheriff, police officer or other law officer shall ... have any firearm, rifle, spring gun, air gun, or pneumatic pellet gun in his possession or under his control unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container in which the weapon is not visible."
Sounds like some folks need to start open carrying in these cities, provided you can stay out of the pesky school zones!
Interestingly, the article makes no mention of Hamdan's lawful purpose doctrine which appears to call into question gun control laws in Wiscosnin generally even if not preempted.
--
http://www.wiscnews.com/spe/news/451912
Village gun ordinances under fire
Photo by Todd Krysiak / Sauk Prairie Eagle
Candace Dainty, a Sauk City resident and state coordinator for the Second Amendment Sisters, believes that ordinances restricting how firearms can be carried in Sauk Prairie are illegal.
By Todd Krysiak, Sauk Prairie Eagle
A respresentative of a gun rights organization is questioning the legality of ordinances that place restrictions on gun owners when they enter the villages of Sauk City and Prairie du Sac .
Both villages require gun owners to unload and encase their weapons when in the villages.
Candace Dainty, who lives in Sauk City and is the state coordinator for the Second Amendment Sisters, said she believes the ordinances do not follow established state law and go against recent statements made by Wisconsin Attorney General J.B. Van Hollen about the right of citizens in Wisconsin to openly carry a firearm in the state.
"The state of Wisconsin says open carry is legal," she said.
However, ordinances that have been on the books in both villages for decades contradict that view and Sauk Prairie Police Chief Jerry Strunz referred to the ordinances when asked about how officers should handle a person who openly displays a firearm.
"Both communities have ordinances stating that weapons have to be unlocked and cased," he said.
Strunz said he believed most people living in and around Sauk Prairie were aware of the restrictions and followed them.
Dainty argued that the ordinances have no legal standing because of Wisconsin Act 72, passed in 1995. She said the Act restricts municipalities from passing laws that are more strict than state laws related to firearms. The Act states that any ordinances in place prior to the passage of the Act "shall have no legal effect."
Van Hollen's opinion was provided in a memorandum sent to prosecutors across the state in April and was intended as a guide for district attorneys considering whether to issue charges for gun-carrying violations.
Repeated phone calls and messages left on the telephone of Sauk County District Attorney Patricia Barrett seeking her perspective on the issue were not returned.
Sauk City attorney Erin Brennan, who handles prosecutions for Sauk City in Sauk Prairie Municipal Court, did not return a message left at her office Monday.
Village of Prairie du Sac Administrator Alan Wildman said application of the ordinance is "up to the officer in each situation."
He said he believed Van Hollen's comments were directed toward a specific incident in Milwaukee.
"As a municipality, one of our responsibilities is to provide for public safety," he said. "The village board decided this was an important public safety issue and a good thing to have on the books."
Wildman said an infraction that did not include any other kind of offense most likely would be a civil matter handled in municipal court with the strictest penalty amounting to a fine.
Some restrictions apply
State statutes do place some restrictions on open carry across the state and failure to follow many of those restrictions could result in criminal charges.
According to state law, firearms may not be concealed in any way, must be unloaded and secured in a closed case when transported in a vehicle, are not permitted in public buildings, cannot be carried within 1,000 feet of a school unless properly secured for travel, cannot be handled by anyone under the age of 18 and state law restricts carrying a firearm in bars and some other places where alcohol is sold.
Private business owners also have the ability to restrict people who openly display a firearm from entering their business.
A right to self-defense
Dainty said her organization supports gun rights because Wisconsin citizens should be able to defend themselves and all United States citizens have a Second Amendment right to bear arms.
"It's not about open carry, it's about people not overreacting," she said. "Cops carry guns with them and we think nothing of it, yet we see a civilian with a gun and we think 'Oh, my gosh he's gonna shoot me.' Come on, get a life."
Wildman said open carry laws don't work in today's culture, particularly in population centers.
"Given the population density of our communities, when a person walks down the street with a gun in this day and age, that's going to make folks uncomfortable," he said. "We're not saying they can't have a gun. We're not saying they can't carry a gun. We're just saying there's a way to do it without making everyone uneasy."
Wisconsin State Statute 66.0409 (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."
Village of Prairie du Sac Ordinance 9.2.1
"No person, except a sheriff, police officer or other law enforcement officer, shall ... have any firearm, compound or strung bow, rifle, spring gun, air gun or pneumatic pellet gun in his possession or under his control unless it is unloaded and enclosed or encased within a carrying case or other suitable container."
Village of Sauk City Ordinance 239-7A
"No person except a sheriff, police officer or other law officer shall ... have any firearm, rifle, spring gun, air gun, or pneumatic pellet gun in his possession or under his control unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container in which the weapon is not visible."
