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Elkhorn ordinance against OC

paul@paul-fisher.com

paul@paul-fisher.com

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paul@paul-fisher.com

paul@paul-fisher.com

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Got an email back from the alderman:

Paul,

Just wanted you to know I received your message The Police Chief is looking into it and it will be on the Legislative/Regulatory committee agenda for later this month.
Click to expand...

I'll keep all of you updated as it proceeds.
 
G

gollbladder13

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Looking forward to the update. My fiance's sister lives in Elkhorn near a park. I never carry down there simply out of respect for them (not hardcore anti's, but definately not on the friendly side), but would be nice to know if I could if I wanted to...
 
paul@paul-fisher.com

paul@paul-fisher.com

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OK. The city's Legislative and Regulatory committee meets 9/24/2009 at 5:30PM. They haven't published the agenda yet but the chairperson has told me the OC regulation will be on it.

We shall see.
 
paul@paul-fisher.com

paul@paul-fisher.com

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I emailed the alderman. Here is her reply

Our police chief obtained information from the state Attorney General as well as some samples of ordinances from other communities that they have updated. A first draft of a new ordinance will be developed for next month's meeting.


Julie Taylor
Click to expand...

Sounds like we are moving forward!

They haven't posted the minutes for the meeting yet.
 
AaronS

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paul@paul-fisher.com wrote:
I emailed the alderman. Here is her reply

Our police chief obtained information from the state Attorney General as well as some samples of ordinances from other communities that they have updated. A first draft of a new ordinance will be developed for next month's meeting.


Julie Taylor
Click to expand...

Sounds like we are moving forward!

They haven't posted the minutes for the meeting yet.
Click to expand...

Great job Paul. Sounds like Elkhorn is on the ball. If you get a copy, please post up the new gun law change. I would like to see how it was worded.

Thanks for the work.

Carry On
 
A

aadvark

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The City of Elkhorn may not regulate the carrying of Firearms.

The discharge ordinance is only partially Legal, and the ordinace outlawing carrying a Firearm into City Parks is illegal.
 
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J.Gleason

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I think there is another way to get around not having a court ruling.

If you consider the numbers, the ordinance would be more restrictive and based on that IMHO most of the other cities that have considered the same type of ordinances have shelved the idea.

There are clearly more city parks in this state then state or county parks and when you add the area numbers the city parks would create a greater size area. Therefore being more stringent.

What you need in Elkhorn is more people to show up at the meeting and argue your position. One person may pose an argument but I don't think it will carry as much weight.

What you could argue for is that the ordinance be changed to read...It is a violation to brandish or discharge your fire arm for unlawful purposes in any city park.

The Committee may be more favorable to this as they will feel they have won something as well.
 
paul@paul-fisher.com

paul@paul-fisher.com

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Theoretically the new ordinance is being considered tonight. The agenda isn't posted online. I will update when I see the minutes. I couldn't make it to the meeting.
 
paul@paul-fisher.com

paul@paul-fisher.com

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I have replied to the chairman of the 'Legislative & Regulatory Committee' and outlined the specific problem (again) and mentioned that we might hold an open carry event in Elkhorn and gave her some links to various monetary damages websites. We shall see how she responds.
 
M

Mugenlude

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Way to follow up with this Paul.

Maybe you could request that Elkhorn just adopt the current state wording as far as discharging of dangerous weapons, since the local municipality can not be any more stringent than that of the state.
 
Wisconsin Carry Inc. - Chairman

Wisconsin Carry Inc. - Chairman

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I talked with Chief Christensen a few moments ago. His interpretation of the ordinance is that it does (as worded) allow the open-carry of a firearm in a holster because a holster constitutes "a suitable container"

His interpretation is because the sentence uses the word "or" it doesn't, in its text as written, a gun in a holster does not have to be unloaded or knocked down. Here is the text:

is unlawful for any person, except an authorized police officer to fire or discharge any firearm, rifle, spring or air gun of any description or tipped arrow within the City, or to have any firearm, rifle, spring or air gun in his possession or under his control unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container.
Click to expand...

He interprets the statute as "it is unlawful for any person to have any firearm, rifle, spring or air gun in his possession or under his control unless it is unloaded and knocked down OR enclosed within a carrying case OR other suitable container.

The Chief's comment to me was that they viewed a holster as a "suitable container" and that since it is a suitable container it could also be loaded because the ordinance doesn't say it has to be unloaded and knocked down AND in a suitable container but rather it says unloaded and knocked down OR in a suitable container.

Regardless, I think its a poorly worded ordinance, I think its rife for mis-interpretation, but I DID ask the chief if his officers had been trained that open-carry of a loaded firearm absent any unlawful behavior was completely legal in Elkhorn and he verified that his officers were trained as to the legality of open-carry.

So Carry-On in Elkhorn!
 
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