imported post
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.
