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Thread: Waupun Ordinance letter to Mayor

  1. #1
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    Hello all, I been following the board for months now and after the Milwaukee Mayor's comments yesterday I decided to see where the Mayor of Waupun stands. This is my first post to open carry WI.

    I sent the following message and receiveda prompt reply that she had sent my message on to the Chief of Police.

    June 11,2009


    Dear Mayor Steger,
    I was just looking over a few of the local Waupun Ordinance, and bumped into Sec. 8.01.This ordinance clearly prohibits the open carry of a firearm.
    8.01 OFFENSES ENDANGERING PUBLIC SAFETY. (1) DISCHARGING AND CARRYING FIREARMS AND GUNS PROHIBITED.
    (a) No person, except a sheriff, constable, police officer or their deputies, shall fire or discharge any firearm, rifle, spring or air gun of any description within the City or have any firearm, rifle, spring or air 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, provided that this section shall not prevent the maintenance and use of supervised rifle or pistol ranges or shooting galleries approved by the Chief of Police and provided that no person under the age of 18 shall use such range or gallery unless under the immediate supervision of an instructor or supervisor approved by the Chief of Police. This subsection shall be deemed to prohibit hunting within the City, provided that the Chief of Police may issue written permits to owners or occupants of private premises to hunt or shoot on such premises if he finds such privileges necessary for the protection of life or property and subject to such safeguards as he may impose for the safety of the lives and property of other persons within the City.
    (b) In addition, no person shall wear or carry any slingshot; cross knuckles of lead, brass or other metal; switchblade knife; or any other dangerous, deadly weapon within the corporate limits of the city, unless such weapon is cased or packaged. However, this prohibition does not apply to any person engaged in the lawful activities on the premises of an established bow and arrow target range, nor does it apply to any person within a private residential building, provided that such person is a resident or owner of such residence or an invited guest thereof.


    As I am quite sure by now you are aware, the Wisconsin State Preemption Statute 66.0409 Sub. 2, makes most of Sec. 8.01, of the City of Waupun Ordinance, null and void. Wisconsin Statute 66.0409 in part reads “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.”


    Although the part of the ordinance dealing with discharge is not preempted and perfectly legal according to Wisconsin State Statute 66.0409, the highlighted portions in bold "shall have no legal effect and is unenforceable". I would like to see what we can do about getting this ordinance changed in Waupun.


    Thanks,


    This was her reply

    Hi
    I have forwarded your concern on to the Chief of Police to look into for me. I will let you know what will be done as soon as I get more information.
    Thanks for the e-mail
    Mayor Jodi

  2. #2
    Regular Member bigdaddy1's Avatar
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    Welcome to Open Carry Smithy



    I would say your letter was very diplomatic, and in my opinion well written. I would have been a little more forward and stipulated the obvious. That the law is illegal. However I am looking forward to hearing from you with their response.




    What part of "shall not be infringed" don't you understand?

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    I agree, it is a well written letter.

    I am confused as to why the mayor would forward your letter to the chief of police instead of thetowns attorney.

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    Wisconsin Carry, Inc. Shotgun's Avatar
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    Welcome Smithy!

    Yeah, I don't know why the mayor would refer the letter to the Chief, unless it was to make sure that he's aware of the preemption. He is now!


    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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    Regular Member bigdaddy1's Avatar
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    Shotgun wrote:
    Welcome Smithy!

    Yeah, I don't know why the mayor would refer the letter to the Chief, unless it was to make sure that he's aware of the preemption. He is now!

    Or she may have had NO idea what to do with it (thats my bet anyway)
    What part of "shall not be infringed" don't you understand?

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    Or it was political speak for "Thanks for your concern, but I am tossing this letter in the circular file."

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    Regular Member AaronS's Avatar
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    revolverrandy wrote:
    I realize this is an old topic but i am reading all the old posts to get up to speed with things best i can and i found this article reagrding the city I live.does anyone know what the results were with this?

    thanks
    Looks like the old law was never removed. If I were you I would copy and paste that letter, and send it to all you can. E-mail works great.

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    looks like Racine still has this on the books too!

    chapter 66 article III sec 66-58

    Unless otherwise provided by law, no person, except a bona fide peace officer, shall be found at or upon any public place in the city carrying or having within his reach any dangerous weapon, whether concealed or in plain view. "Plain view" within the meaning of this section does not include weapons carried in a case which does not permit immediate access to such weapons. Uniformed private security guards approved by the chief of police and while on duty are exempt from the prohibition against carrying weapons in plain view. This section shall not apply to persons engaged in the manufacturing of firearms under authority of a federal firearms license. Also, this section shall not apply to persons who are acting in accordance with the provisions of a plan approved by the chief of police under conditions which the chief has determined require the possession and discharge of specified weapons for a particular purpose in the interest of public safety. Also this section shall not apply to retired law enforcement officers licensed under HR 218 (Law Enforcement Officers Safety Act).

    also in chapter 66 article V sec 66-107a

    No person shall loiter or prowl in a place, at a time, or in a manner not usual for law abiding individuals, under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such a claim is warranted is the fact that the actor takes flight upon the appearance of a police officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances makes it impracticable, a peace officer shall, prior to any arrest for an offense under this subsection, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm.

    after the court case that they just lost $10k they might want to take out the refuses to identify..... also it says "in a place" where sec 66-107b says

    (b)No person shall loiter, loaf, wander, stand or remain idle either alone or in consort with others in a public place so as to......

    Does that mean I can't loiter or prowl on my own property under 66-107a?

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    I live in Waupun and have carried twice while walking my dog. If you see a guy walking an all while dog after 9pm it is me, and I might be carrying.

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    I am a bit curious what you - and y'all - think the duties of mayor are to be corresponding with him so.

    I may have been re-elected today, I expect so, and will certainly lose my good mayor next spring for a ******* democrat. Lots of people, friends and supporters, are already pressuring me to run for mayor in the spring.

    To be clear, I believe in the republican form of government guaranteed by COTUS IV 4:1a. If all the devil's legions shouted democratic advise, "the will of the people", I would not be convinced or swayed.

    Is this mayor a democrat/democratic friend that will be swayed by a mere e-mail?

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    No issues yet, to be honest I don't think anybody knows. I am waiting on a tactical thigh holster as I am not a fan of it on my hip, especially while walking/jogging.

    I wouldn't mind organizing something in town, cookout or something at a park and walk.

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