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Thread: Where can I shoot?

  1. #1
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    So - The subject is pretty self explanatory. Or perhaps not. It's been a while since I signed in and talked with everyone here, but I want to get some answers.

    I want to go shooting. But there is a state statute that says no shooting within 100 yards of a residence. I live in a small village of about 2000 or so and have neighbors and such so my backyard is obviously not a possibility.

    What I was thinking was just going hiking on a bike trail or an old rail road track and looking for some public land or state land that I can go shooting in, since the only laws I can find about shooting are those regarding discharging a weapon near a road, in the direction of a transmission device, or near a residence (100 yards.) I guess to put this as plainly as I can...Where can I go shooting? Can I just go hiking out somewhere away from private property and set up a few tin cans and shoot, or would that be a bad idea? The nearest range I've been going to is over 20 miles away! I haven't gone shooting in months and I'm starting to get depressed with all this unused ammo and free time just wasting away at my computer, I can feel my skills getting rusty. Where do I go shooting? How? When? What times of day are allowed? How do I know when and where I can go shooting?

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    Probably in your backyard.

    Please cite your Statute prohibiting shooting within 100 yards of your residence AND on your own property.

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    The way the statute reads is that a certain distance from an occupied building must be maintained, it only applieswithout permission from the occupant.
    If it is your home, and the distance from the neighbors is ok, (Ifyou have their permission, the distance requirement is nullified) you can shoot all you want while using proper safety procedures and a proper backstop.

    Make sure there are no local ordinances about discharge of a firearms. before shooting.


    Edited for spelling corrections

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    Well, again, shooting in my backyard? Not a possibility. Checked my local statutes and found this one:

    No person except an authorized police officer shall discharge any firearm within the Village or have any firearm in his possession within the Village unless it is unloaded and knocked down and enclosed in a carrying case or other suitable container.

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    How far does the Village's jurisdiction extend? Is the property in question within the jurisdiction of the Village?

    I hope this thread will make it clear to some that the State's preemption is limited by Wisconsin's Home Rule provisions and enacted in

    66.0409 Local regulation of firearms. (1) In this section:
    (a) “Firearm” has the meaning given in s. 167.31 (1) (c).
    (b) “Political subdivision” means a city, village, town or
    county.
    [ ...]
    (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.
    (3)
    [ ...]
    (b) Nothing in this section prohibits a city, village or town that
    is authorized to exercise village powers under s. 60.22 (3) from
    enacting an ordinance or adopting a resolution that restricts the
    discharge of a firearm.


  6. #6
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    I am most certainly in the village jurisdiction.

    Again, this is why I'm asking about just where I -can- shoot. I know I can't shoot in my village or on my own property. I'm thinking of basically just taking a trail or maybe borrowing my brother's gps or getting my own and finding some property that I -can- shoot on.

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    Be verry careful about shooting on public property because that involves a whole 'nother set of regulations from the Department of Never-ending Regulations.

    Best is to get knowledgeable permission from a landowner in a legal site.

  8. #8
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    Right, you can't shoot near parks.

    Ugh, this is getting increasingly frustrating. The nearest gun club is right next to a school... Then the NEXT nearest range is 20 miles away.

    I haven't any clue where I have left to practice.

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    andros80 wrote:
    Well, again, shooting in my backyard? Not a possibility. Checked my local statutes and found this one:

    No person except an authorized police officer shall discharge any firearm within the Village or have any firearm in his possession within the Village unless it is unloaded and knocked down and enclosed in a carrying case or other suitable container.
    The prohibition of discharging a firearm in village limitsis a valid law, but the part where it states that you cannot possess a firearm is total bunk.
    Are these 2 completelyunrelated items listed under the same ordinance number?
    If so, does the state preemption (66.049)makethe entire ordinancenull & void, or just the posession part is now null & void and unenforcable?

    The way the ordinance reads (as pasted by the OP) I would consider that a blatant violation of our federal, andthe WI state constitution since it would also prohibit posession of a firearmin or around your home if the firearm is not encased and taken apart.

    is there a definition of "Knocked Down" also listed in the ordinance book? (so it is not to be confused with "Knocked Up") I wonder if they fully expect some to disassemble a firearm before entering the village that you home is located in.

    Can I be the person to pee in the villages wheaties?? I haven;t written any letters lately, I'll even use my poison pen for this one!

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    Nutczak wrote:
    If so, does the state preemption (66.049)makethe entire ordinancenull & void, or just the posession part is now null & void and unenforcable?
    Where from do you get "null & void and unenforceable"? 66.0409 says "no political subdivision may enact or adopt a resolution..." Once the resolution is enacted and adopted then 66.0409 is voiceless.

    66.0409 Local regulation of firearms.

    (1) In this section:
    (a) “Firearm” has the meaning given in s. 167.31 (1) (c).
    (b) “Political subdivision” means a city, village, town or
    county.
    (c) “Sport shooting range” means an area designed and operated
    for the practice of weapons used in hunting, skeet shooting
    and similar sport shooting.

    (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.

    (3) (a) Nothing in this section prohibits a county from imposing
    a sales tax or use tax under subch. V of ch. 77 on any firearm
    or part of a firearm, including ammunition and reloader components,
    sold in the county.

    (b) Nothing in this section prohibits a city, village or town that
    is authorized to exercise village powers under s. 60.22 (3) from
    enacting an ordinance or adopting a resolution that restricts the
    discharge of a firearm.

    (4) (a) Nothing in this section prohibits a political subdivision
    from continuing to enforce an ordinance or resolution that is in
    effect on November 18, 1995, and that regulates the sale, purchase,
    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, if the ordinance or resolution is the same as
    or similar to, and no more stringent than, a state statute.

    (am) Nothing in this section prohibits a political subdivision
    from continuing to enforce until November 30, 1998, an ordinance
    or resolution that is in effect on November 18, 1995, and
    that requires a waiting period of not more than 7 days for the purchase
    of a handgun.

    (b) If a political subdivision has in effect on November 17,
    1995, an ordinance or resolution that regulates the sale, purchase,
    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,
    and the ordinance or resolution is not the same as or similar
    to a state statute, the ordinance or resolution shall have no legal
    effect and the political subdivision may not enforce the ordinance
    or resolution on or after November 18, 1995.

    (c) Nothing in this section prohibits a political subdivision
    from enacting and enforcing a zoning ordinance that regulates the
    new construction of a sport shooting range or when the expansion
    of an existing sport shooting range would impact public health and
    safety.

    (5) A county ordinance that is enacted or a county resolution
    that is adopted by a county under sub. (2) or a county ordinance
    or resolution that remains in effect under sub. (4) (a) or (am)
    applies only in those towns in the county that have not enacted an
    ordinance or adopted a resolution under sub. (2) or that continue
    to enforce an ordinance or resolution under sub. (4) (a) or (am),
    except that this subsection does not apply to a sales or use tax that
    is imposed under subch. V of ch. 77.
    History: 1995 a. 72; 1999 a. 150 s. 260; Stats. 1999 s. 66.0409.

    This section does not prohibit municipalities from enacting and enforcing zoning
    ordinances that apply to sport shooting ranges. Town of Avon v. Oliver, 2002 WI App
    97, 253 Wis. 2d 647, 644 N.W.2d 260, 01−1851.

  11. #11
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    andros80 wrote:
    So - The subject is pretty self explanatory. Or perhaps not. It's been a while since I signed in and talked with everyone here, but I want to get some answers.

    I want to go shooting. But there is a state statute that says no shooting within 100 yards of a residence. I live in a small village of about 2000 or so and have neighbors and such so my backyard is obviously not a possibility.

    What I was thinking was just going hiking on a bike trail or an old rail road track and looking for some public land or state land that I can go shooting in, since the only laws I can find about shooting are those regarding discharging a weapon near a road, in the direction of a transmission device, or near a residence (100 yards.) I guess to put this as plainly as I can...Where can I go shooting? Can I just go hiking out somewhere away from private property and set up a few tin cans and shoot, or would that be a bad idea? The nearest range I've been going to is over 20 miles away! I haven't gone shooting in months and I'm starting to get depressed with all this unused ammo and free time just wasting away at my computer, I can feel my skills getting rusty. Where do I go shooting? How? When? What times of day are allowed? How do I know when and where I can go shooting?
    Don't know where you live and Brown Cty id big, BUT, there are ranges in Algoma, Luxemburg and New Franken if that may help you out.

  12. #12
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    By all means, feel free to write to the Village of Denmark, but that's not the entire statute:

    " 9.02USE OF FIREARMS. No person except an authorized police officer shall discharge any firearm within the Village or have any firearm in his possession within the Village unless it is unloaded and knocked down and enclosed in a carrying case or other suitable container provided the Board may issue permits to a duly organized gun club to engage in target practice within the Village at times and places designed by the Chief of Police. "


    Not like it matters, since my property/yard is really really tiny, so I don't really have room here to go shooting even if it was invalid.

    There's a gunclub I found out, but it's like just across the street from the football field.
    That would make just walking or biking down there kinda hard.

    Edit*
    Didn't know there was one in new franken. Hm. That's actually quite helpful.

  13. #13
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    "IF" you're in Denmark, the Sportsman's Club in New Franken is just north on T .

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    Pistol Pete wrote:
    "IF" you're in Denmark, the Sportsman's Club in New Franken is just north on T .
    That's actually really helpful. Can't believe I missed that all these years.

    Thanks. By the way -
    Is there a membership fee to go shooting out there? I have a membership for the luxemburg club, but they're a little far away.

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    I would guess there is a fee..... don't belong, but do to the Luxemburg Club. I googled New Franken's and it is about 10miles only from you.

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    andros80 wrote:
    But there is a state statute that says no shooting within 100 yards of a residence.
    Only if you are "on the lands of another". You can discharge a firearm 15ft from someone's bedroom window if you are on your own land.....

    Obviously, there are likely noise concerns, etc and I amonly addressing 941.20(1)(d) which is the statute you are referring to.

  17. #17
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    That I did not know...

    So can you actually shoot on someone else's property without their permission or not? I would assume not.

  18. #18
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    andros80 wrote:
    That I did not know...

    So can you actually shoot on someone else's property without their permission or not? I would assume not.
    No, you can not.

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    Nutczak wrote:
    If so, does the state preemption (66.049)makethe entire ordinancenull & void, or just the posession part is now null & void and unenforcable?
    Doug Huffman Wrote
    Where from do you get "null & void and unenforceable"? 66.0409 says "no political subdivision may enact or adopt a resolution..." Once the resolution is enacted and adopted then 66.0409 is voiceless.
    66.049 never becomes voiceless, it is the supreme rule of the land! any and all local ordinancesbecame UNENFORCABLE as of November 18,1998

    66.0409 Local regulation of firearms.

    (4) (a) Nothing in this section prohibits a political subdivision
    from continuing to enforce an ordinance or resolution that is in
    effect on November 18, 1995, and that regulates the sale, purchase,
    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, if the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.


    (am) Nothing in this section prohibits a political subdivision
    from continuing to enforce until November 30, 1998, an ordinance
    or resolution that is in effect on November 18, 1995, and
    that requires a waiting period of not more than 7 days for the purchase
    of a handgun.

    (b) If a political subdivision has in effect on November 17,
    1995
    , an ordinance or resolution that regulates the sale, purchase,
    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,
    and the ordinance or resolution is not the same as or similar
    to a state statute,
    the ordinance or resolution shall have no legal
    effect and the political subdivision may not enforce the ordinance or resolution on or after November 18, 1995.
    66.049 states that if any firearms ordinace is more stringent than the state ordinace, it can no longer be enforced after Novenber 18, 1998. So basically all the local govt's that still have posession and carry bans on their books are void, since they cannot enforce them since they are more stringent than what the state already has.

    This goes for Washington Island too, they have even created their own little forfeiture schedule for possessing a firearm and named it a town ordinance. Unenforcable!

  20. #20
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    Please don't hijack Andros80's thread.

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    I don't mind at all. This is an interesting discussion.

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    I do not see this as a hijack, I see it as branching out from the original discussion to cover new information adeded by the OP.
    The village has an ordinance that regulates the discharge of a firearm, in the same ordinance it also states that a person cannot even possess a firearm in village limits unless it is disassembled. The possession part of that ordinance is unenforcable, and since it is in the same paragraph, I was wondering if it made the entire ordinance null & void due to preemption.

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