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Thread: List of Political Subdivisions in NE Wisconsin with preempted language still on the books

  1. #1
    Regular Member Interceptor_Knight's Avatar
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    So far I know of Luxemburg and Denmark, both near Green Bay and Washington Island at the North end of Door County having possession language.
    Brown County has language related to County Parks.
    I want to compile a list.....

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    Wisconsin Carry, Inc. Shotgun's Avatar
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    Well, don't do work that's already been done. I compiled the results for the 40 largest municipalities in the state some time ago:

    http://opencarry.mywowbb.com/forum57/17689.html
    A. Gold

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    The free man is a warrior. - Nietzsche "Twilight of the Idols"

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    Regular Member Interceptor_Knight's Avatar
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    Shotgun wrote:
    Well, don't do work that's already been done. I compiled the results for the 40 largest municipalities in the state some time ago:

    http://opencarry.mywowbb.com/forum57/17689.html

    You may edit Green Bay to "Nothing prohibiting Open Carry".... 27.603(3)(a) only deals withdisplaying in a "threatening manor"... Open Carry is A-OK.

    Oshkosh is definitely goofy language, but it does use the word armed in (c) referring to public buidings while "carry" is only used in (b) in the sentence which is describing concealed. Going armed with a firearm so long as it is not concealed does not appear to be prohibited. There would be no need to call out concealed if every form of going armed were prohibited. If you look at (E) it states that a minor may possess a dangerous weapon with the written consent of an adult. I suppose that the only way we will know for certain is with a written statement from the City attorney.

    I appreciate the info you have, but your list does not address the rest of the towns, villages, cities, etc that I am looking for in NE WI.


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    Wisconsin Carry, Inc. Shotgun's Avatar
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    Interceptor_Knight wrote:
    Shotgun wrote:
    Well, don't do work that's already been done. I compiled the results for the 40 largest municipalities in the state some time ago:

    http://opencarry.mywowbb.com/forum57/17689.html

    You may edit Green Bay to "Nothing prohibiting Open Carry".... 27.603(3)(a) only deals withdisplaying in a "threatening manor"... Open Carry is A-OK.

    Oshkosh is definitely goofy language, but it does use the word armed in (c) referring to public buidings while "carry" is only used in (b) in the sentence which is describing concealed. Going armed with a firearm so long as it is not concealed does not appear to be prohibited. There would be no need to call out concealed if every form of going armed were prohibited. If you look at (E) it states that a minor may possess a dangerous weapon with the written consent of an adult. I suppose that the only way we will know for certain is with a written statement from the City attorney.

    I appreciate the info you have, but your list does not address the rest of the towns, villages, cities, etc that I am looking for in NE WI.
    You looking at quite an undertaking, because there are many cities, villages and townships--- most won't have their ordinances available on-line.


    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 Interceptor_Knight's Avatar
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    Shotgun wrote:
    You looking at quite an undertaking, because there are many cities, villages and townships--- most won't have their ordinances available on-line.
    I have already run into that. It does not have to be completed overnight, but it would still be nice to have a list compiled.

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    History: Adopted by the Town Board of the Town of Washington 10-9-2006 by Ord. 2006-10. Amendments noted where applicable.

    205-1. Definition of firearm and weapon.

    The words "firearm" and "weapon" include, without limitation, pistol, rifle, shotgun or other firearm, bow and arrow, air gun, cross bow, or sling or any other device or instrumentality, which expels either a projectile, pellet or other object and which use could cause personal injury, death, great bodily harm or property damage.

    205-2. Discharge of firearm or weapons.

    No person shall carry a firearm or weapon or attempt to discharge or cause to be discharged such a device with in the limits of Washington Island, Detroit Island, or Rock Island, all located within the Town of Washington, except as provided by the following exceptions:

    A. This chapter shall not apply to peace officers as defined in the Wisconsin Statutes, members of the Armed Forces or military personnel who go armed in the line of duty;

    B. This chapter shall not apply to any person who keeps a handgun or weapon in his or her personal residence or premises, which is owned by said person, authorized agent or lessee;

    C. This chapter shall not restrain the sale, purchase or trade of such firearms or weapons as defined above by a business establishment doing so in the regular course of business and which adheres to federal and state regulatory procedures for the sale of such firearms and weapons;

    D. This chapter shall not apply to instances where a firearm or weapon is used upon a designated target practice area operated and in compliance with the rules of the municipality and the Wisconsin Department of Natural Resources Statutes and Regulations;

    E. This chapter shall not apply to skeet shooting or target practice with a firearm or a weapon within the confines of one's real property or real property of another used with their permission, as long as:

    (1) Such undertaking can be made safely and without peril to others' life, safety, or property;

    (2) Such undertaking complies with the applicable Wisconsin Department of Natural Resources Statutes and Regulations.

    F. When such firearm or weapon is carried or used for lawful hunting purposes upon designated hunting areas within the Town, with the following conditions:

    (1) Such property is not owned by the Town of Washington.

    (2) Such firearm or weapon is not carried or discharged for hunting purposes in violation of applicable Wisconsin Department of Natural Resources Statutes and Regulations as to the use of such firearms or weapons in relation to residences, business establishments or roadways;

    (3) Such firearm or weapon is allowed by appkicable Wisconsin Department of Natural Resources Statutes and Regulations at appropriate hunting zones with in the confines of the Town of Washington.

    205-3. Adoption of statutory provisions. [Editor's Note: Amended a time of adoption of Code (see Ch. 1, General Provisions, Art. II).

    Sections 167.31, 941.20, 941.23, 941.235 and 941.237, Wis. Stats., are hereby adopted and incorporated by reference with all future amendments, provisions, or changes and shall have the force of a civil forfeiture as allowed by ss 60.23(23), Wis. Stats., which is an enabling statute allowing for violations to be prosecuted by the Town as a civil ordinance violation.

    205-4. Citations.

    Any designated police officer acting on behalf of the Town of Washington may issue a citation for violation of this chapter using the civil forfeiture citation method as found in Chapter 23 of the Town of Washington Code and applying the Wisconsin Uniform Bond Schedule as a guideline for forfeitures and costs (which applicable sections, corresponding with statutes above named, are herein fully adopted), and if such Uniform Bond Schedule does not apply, the following fine and cost schedule shall apply:

    A. First violation: civil forfeiture of $160 plus statutory costs.

    B. Second violation within a twelve-month period: $400 plus statutory costs.

    C. Third violation within a twenty-four-month period or more: $550 plus statutory costs.



  7. #7
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    A more effective determination than "List of Political Subdivisions in NE Wisconsin with preempted language still on the books" is which communities have removed such language and why?



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    Doug Huffman wrote:
    A more effective determination than "List of Political Subdivisions in NE Wisconsin with preempted language still on the books" is which communities have removed such language and why?

    +100

  9. #9
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    Looking back through the archives at municipalities that have removed ineffective gun ordinances, I note the involvement of various attorneys, corporate, city and so on.

  10. #10
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    Dear Mr. Chairman and fellow Board members,

    I request a motion item on the Town Board Agenda to repeal W. I. Code Chapter 205 in its entirety. It is preempted by Wisc. Stats. ss 66.0409. It is unenforceable, moot for vagueness and incompetent.

    ss 66.0409 effective portions and W. I. Code Chapter 205 are copied below.

    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.


    History: Adopted by the Town Board of the Town of Washington 10-9-2006 by Ord. 2006-10. Amendments noted where applicable.

    205-1. Definition of firearm and weapon.

    The words "firearm" and "weapon" include, without limitation, pistol, rifle, shotgun or other firearm, bow and arrow, air gun, cross bow, or sling or any other device or instrumentality, which expels either a projectile, pellet or other object and which use could cause personal injury, death, great bodily harm or property damage.

    205-2. Discharge of firearm or weapons.

    No person shall carry a firearm or weapon or attempt to discharge or cause to be discharged such a device with in the limits of Washington Island, Detroit Island, or Rock Island, all located within the Town of Washington, except as provided by the following exceptions:

    A. This chapter shall not apply to peace officers as defined in the Wisconsin Statutes, members of the Armed Forces or military personnel who go armed in the line of duty;

    B. This chapter shall not apply to any person who keeps a handgun or weapon in his or her personal residence or premises, which is owned by said person, authorized agent or lessee;

    C. This chapter shall not restrain the sale, purchase or trade of such firearms or weapons as defined above by a business establishment doing so in the regular course of business and which adheres to federal and state regulatory procedures for the sale of such firearms and weapons;

    D. This chapter shall not apply to instances where a firearm or weapon is used upon a designated target practice area operated and in compliance with the rules of the municipality and the Wisconsin Department of Natural Resources Statutes and Regulations;

    E. This chapter shall not apply to skeet shooting or target practice with a firearm or a weapon within the confines of one's real property or real property of another used with their permission, as long as:

    (1) Such undertaking can be made safely and without peril to others' life, safety, or property;

    (2) Such undertaking complies with the applicable Wisconsin Department of Natural Resources Statutes and Regulations.

    F. When such firearm or weapon is carried or used for lawful hunting purposes upon designated hunting areas within the Town, with the following conditions:

    (1) Such property is not owned by the Town of Washington.

    (2) Such firearm or weapon is not carried or discharged for hunting purposes in violation of applicable Wisconsin Department of Natural Resources Statutes and Regulations as to the use of such firearms or weapons in relation to residences, business establishments or roadways;

    (3) Such firearm or weapon is allowed by appkicable Wisconsin Department of Natural Resources Statutes and Regulations at appropriate hunting zones with in the confines of the Town of Washington.

    205-3. Adoption of statutory provisions. [Editor's Note: Amended a time of adoption of Code (see Ch. 1, General Provisions, Art. II).

    Sections 167.31, 941.20, 941.23, 941.235 and 941.237, Wis. Stats., are hereby adopted and incorporated by reference with all future amendments, provisions, or changes and shall have the force of a civil forfeiture as allowed by ss 60.23(23), Wis. Stats., which is an enabling statute allowing for violations to be prosecuted by the Town as a civil ordinance violation.

    205-4. Citations.

    Any designated police officer acting on behalf of the Town of Washington may issue a citation for violation of this chapter using the civil forfeiture citation method as found in Chapter 23 of the Town of Washington Code and applying the Wisconsin Uniform Bond Schedule as a guideline for forfeitures and costs (which applicable sections, corresponding with statutes above named, are herein fully adopted), and if such Uniform Bond Schedule does not apply, the following fine and cost schedule shall apply:

    A. First violation: civil forfeiture of $160 plus statutory costs.

    B. Second violation within a twelve-month period: $400 plus statutory costs.

    C. Third violation within a twenty-four-month period or more: $550 plus statutory costs.


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