Doug Huffman
Banned
imported post
I am not a lawyer. I do not believe that any law can be read without context and still have effect. The often cited and abused ss 66.0409 does not exist merely hanging in legal space but in a logical context that starts with the Wisconsin Constitution and includes Chapter 66 and 941.
Let the quibbling begin.
I am not a lawyer. I do not believe that any law can be read without context and still have effect. The often cited and abused ss 66.0409 does not exist merely hanging in legal space but in a logical context that starts with the Wisconsin Constitution and includes Chapter 66 and 941.
Home rule is subject only to legislative enactments of statewide concern uniformly affecting every municipality and the legislature determines such prescription.WISCONSIN CONSTITUTION
ARTICLE XI.
CORPORATIONS
[ ...]
Municipal home rule; debt limit; tax to pay debt. SECTION 3. [As amended Nov. 1874, Nov. 1912, Nov. 1924, Nov. 1932, April 1951, April 1955, Nov. 1960, April 1961, April 1963, April 1966 and April 1981] (1) Cities and villages organized pursuant to state law may determine their local affairs and government, subject only to this constitution and to such enactments of the legislature of statewide concern as with uniformity shall affect every city or every village. The method of such determination shall be prescribed by the legislature.
CHAPTER 66 GENERAL MUNICIPALITY LAW
SUBCHAPTER I GENERAL POWERS; ADMINISTRATION
66.0101 Home rule; manner of exercise. (1) Under article XI, section 3, of the constitution, the method of determination of the local affairs and government of cities and villages shall be as prescribed in this section. [ ...]
66.0107 Power of municipalities to prohibit criminal conduct. (1) The board or council of any town, village or city may: [ ...]
(2) Except as provided in sub. (3), nothing in this section may be construed to preclude cities, villages and towns from prohibiting conduct which is the same as or similar to that prohibited by chs. 941 to 948.
I have diligently read much of the intervening material and of the statutes preceding Chapter 941. I have found no force or enforcement in this reading of law that gives a citizen or subdivision of the state privilege to enforce 66.0409.SUBCHAPTER IV REGULATION
66.0409 Local regulation of firearms.[ ...]
(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.
Let the quibbling begin.
Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth.