imported post
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
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