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Open Carry Green Bay

aadvark

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It is unlawful for the City of Green Bay to regulate Firearms in their Parks, in accordance with Wisconsin State Law 66.0409. Regardless of any Public Safety concern that they might have about persons with Firearms such an ordinance may not be passed because it regulates Firearms more strictly than State Law.

On may carry any type of Firearm (Pistol, Handgun, Revolver, Shotgun, or Rifle) while they are in Green Bay Parks or in attendance to any Park event; however, the person carrying a Firearm must do so openly. Concealed Carry, per 941.23, is unlawful.

All Firearms may becarried into any private establishment in The City of Green Bay. However, it is still unlawful to carry a Pistol, Handgun, or Revolver into any establishment that holds a valid Class B License for Alcohol, per 941.237. This prohibition extends only, however, to establishments that both sell Alcohol to patrons and allows them to consume Alcoholon those premisis. It is notable to mention that one may openly carry a Shotgun or Rifle into said Class B establishments without breaking any State Law. However, one would not be in violation of the Law to carry a Firearm, any Firearm, onto a premisis that sells Alcohol forconsumption off-premisis.Gas Stations, Grocery Stores, and Licquor Stores, etc., are legal to carry Firearm into, but a private property owner could ban Firearms from those premisis if he should choose to do so. Refusal to leave is trespassing, ...when asked to leave. Per State Law and common sense, do not drink with a Firearm or be drunk and in the possesion of a Firearm, it invites trouble... this is per 941.20(1)(A) and 941.20(1)(B).

One may not, per 941.235, carry a Firearm, any Firearm, into any Public Building within the City of Green Bay. However, this prohibition does not apply to anyone who recieves permission from the Police Chief of Green Bay... but good luck in getting that permision. The exception is spelled out in 941.235(2).

Be very careful though, because Parks are often times (in my experience)almost always situated around or near Schools. It is a Class I Felony, per 948.605(1)(C)2, to have any Firearm within a 1000 feet of any School. The term 'School' as defined in 948.61(1)(B) means anyPublic, Private, or Parachial school grades K through 12. School-zones, the 1000 foot rule, include those grounds located within on on school property to include their fields, recreations centers, or buildings, per 948.61(1)(C). Depending on the technicalities it may be a Class A Misdemeanor for the first offense, but do not push it in Green Bay. Follow this simple rule... if it is a School, or it is a School-zone, then leave it alone and go, especially if youare armed with a Firearm.

Disorderly Conduct charges under 947.01 do not hold water in Courts in Wisconsinwhen the charge is solely based off of the fact that the person caused a 'disturbance' becauseof a lawfully holstered or slung Firearm. The conduct is not abusive, indecent, profane, or vulgar soit will not stand the test of Justice. However, if approached by a Police Officer then do not be rude, it may be the premisis of the charge to warrant an arrest. If you are arrersted for open carryof any Firearm, and not charged with any other real specific charge relating to Firearms, then the case against youisweak at best. Let a trusted attorney resolve this matter for you. It is perfectly legal to walk down State Street in Madison, er...Velp Ave.,with a Loaded Rifle, just follow the AttroneyGeneral J. B. Van Hollen's advice-do not bark at a passerby; because, the conduct might then lose itsConstitutional protection.

Please take time inform our Green Bay City 'Leaders' Tony Wachewicz, Amy Kocha, Celestine Jefferys,Chistopher Wery, and Thomas De Wane that there is a new kind of GREEN BAY 'PISTOL PACKER' IN TOWN.
 

Interceptor_Knight

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aadvark wrote:
It is unlawful for the City of Green Bay to regulate Firearms in their Parks, in accordance with Wisconsin State Law 66.0409. Irregardless of any Public Safety concern that they might have about persons with Firearms such an ordinance may not be passed because it regulates Firearms more strictly than State Law.


The City a Attorneys' office does not feel it is "morestringent than"..State Law. We are already having this conversation in other threads and are very aware of the fine points regarding Gun Free School Zones, etc..

What we need is a court case ruling where similar language is used "more stringent than" and a City Park ban is ruled more stringent than a State Park ban.

You need to be careful of the words you use if you choose to "inform" anyone of anything, especially a City Attorney and Council members. There are tactful ways of strongly expressinga positionwithout risking integrity with an absolute which may not turn out in your favor. Choosing "irrespective" or "regardless" instead of irregardless will help you articulate your point more clearly.
 

aadvark

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I have never been to Wisconsin; however, thanks to the efforts of Operation Open Carry Land I too am well informed of the recent events that have taken place in Wisconsin during the past 6 months concerning Firearm Rights.

I will try to be more cautiouswhen I writeso that I may be better able, in the future, to articulate my point. I am acting under the impression that Interceptor_Knight is an Attorney or other Legal Professional, so I will take his advice on this matter. Theinaccurate verbiagehas been edited, thank you.

However, I still feel it would be unlawful for The City of Green Bay to pass a Local Ordinance to criminalize the peaceful open carry of a Firearm into any City Park, per Wisconsin State Law 66.0409, and I will defend my position until a Court Case or Legislative enactment clarifies this matter.
 

Interceptor_Knight

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aadvark wrote:
I am acting under the impression that Interceptor_Knight is an Attorney or other Legal Professional, so I will take his advice on this matter. Theinaccurate verbiagehas been edited, thank you.

However, I still feel it would be unlawful for The City of Green Bay to pass a Local Ordinance to criminalize the peaceful open carry of a Firearm into any City Park, per Wisconsin State Law 66.0409, and I will defend my position until a Court Case or Legislative enactment clarifies this matter.

Not a Lawyer, Didn't Play one on TV and didn't even stay at a Holiday Inn Express Last night...:cool:

My point is that you and I "feeling" it is unlawful has less credibility than a City Attorneyexpressing a "legal opinion" in front of the City Council. We simply can not speak with authority in this matter. We can however phrase things in such afashion that may pursuade members to see our point of view without looking like fanatics. The more professional we can appear and speak, the more attention will be paid to what we say.

Town Hall meeting style forceful talking and shouting is a recipe for failure.
 

aadvark

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I will not shout at anyone. I do not agree that shouting solves anything.

I wrote my narrative to be informative and professional to the best of my abilities, but I am still open to pointers to make my writing style better. The more persuasive I can be the better of I am, both now and in the future.

I will, however, forward your advice so that others can learn from it to ensure that they may too appear more professional in public.

I will still adamantely defend my initial article, but it would prove more advantageousto follow your advice so that others will listen to what we have to say.
 
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