• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Oconomowoc ordinance reguarding firearms

J

jvd5695

Regular Member
Joined
Apr 22, 2009
Messages
17
Location
, Wisconsin, USA
imported post

I'm a fairly new handgun owner and would like to get legalities straightened out before I end up in any hot water. I don't want to nor can I afford to end up in a legal tango with the city.

I found this on minicode ( http://www.municode.com/resources/gateway.asp?pid=19978&sid=49 ). This ordinance doesn't seem all that clear to me.

9.02 FIREARMS AND WEAPONS.(Rep. & recr. #06-O676)
(1) [PROHIBITED.] No person, except an authorized police officer, shall use or carry within the City any firearm or other dangerous weapon, including a slingshot, blow gun, bean shooter, pea shooter, air rifle, pellet gun, dart gun, hunting knife, switchblade knife or jackknife having a blade 3.5 inches or longer, provided this subsection shall not apply to target practice in a private or public range or any shooting gallery conducted with the permission of the Police Department. This prohibition shall not apply to a shotgun, muzzle loader, bows, crossbows or other like weapons or instruments, air rifles, pellet guns or like instruments provided the use thereof complies with the requirements of subsection (3)(a) through (c) below.

(2) DISCHARGE WITHIN THE BOUNDARIES OF THE CITY. No rifle, pistol, machine gun, cannon or like weapon or instrument (except a shotgun or muzzle loader) designed and used to propel an individual bullet, ball or shell more than 50 yards may be discharged within the boundaries of the City of Oconomowoc, except that such weapons or instruments may be discharged within the confines of a gun club or target range that has been authorized by the City. It is the intent of this section to allow hunting in predominantly undeveloped areas of the City.

(3) CONDITIONS OF DISCHARGE WITHIN THE BOUNDARIES OF THE CITY. A shotgun, muzzle loader, bow or crossbow or other like weapon or instrument may be discharged within the boundaries of the City of Oconomowoc, but only under the following conditions and regulations:
(a) Shotguns, muzzle loaders or like weapons or instruments designed and used to propel a single slug, multiple pellets or "shot" may only be discharged in the City where not prohibited by this ordinance, and then according to the following regulations. No such weapons or instruments shall be discharged on or onto lands less than 200 yards from the boundary of an adjacent platted subdivision. In addition, no such weapons or instruments shall be discharged within 100 yards from a habitable building on any other adjacent property, unless the owner of such adjacent property or habitable building has given written permission to be closer. In no case shall such weapons or instruments be discharged in a direction that could result in the projectile landing on or flying over any adjacent properties unless the owner(s) of such adjacent properties have given written permission to do so.
(b) Bows, crossbows or other like weapons or instruments designed and used to propel an arrow, dart or other similar missiles may only be discharged in the City where not prohibited by this ordinance, and then only within the following regulations. No such weapons or instruments shall be discharged on or onto lands less than 100 yards from the boundary of an adjacent platted subdivision. In addition, no such weapons or instruments shall be discharged within 100 yards from a habitable building on any other adjacent property, unless the owner of such adjacent property or habitable building has given written permission to be closer. In no case shall such weapons or instruments be discharged in a direction that could result in the projectile landing on or flying over any adjacent properties unless the owner(s) of such adjacent properties have given written permission to do so.
(c) Prohibited Areas. No instrument referred to in subsections (2)(a) and (b) above shall be discharged in the following areas of the City:
1. On parkland and land owned by the City.
2. On land not owned by the person unless written permission has been obtained.
3. The following described property: the South half of Section 5 and the North half of Section 8.
Click to expand...
While this doesn't expressly state that it is not allowed to carry a handgun, it doesn't say it is allowed either, but that is a moot point since the city really can't restrict any firearm carry beyond state law.

How exactly should I go about addressing this? I feel I need to send a letter to the city inquiring about this ordinance. I'd like to explain to them about preemption, and get an answer as to whether or not they know this ordinance is unenforceable.
Are there any sort of templates floating around for this type of letter? If I end up drafting my own letter what points should I raise?


Also does anyone have any experiences carrying in Oconomowoc? I don't think most of the people here would really make a big deal of it but sometimes the police can be a little overzealous with the letter of the law.

Thanks.
 
S

SAK

Regular Member
Joined
Jan 10, 2007
Messages
259
Location
ShaunKranish from ICarry.org, ,
imported post

It looks to me like this ordinance WOULD seek to prohibit open carry:

9.02 FIREARMS AND WEAPONS.(Rep. & recr. #06-O676)
(1) [PROHIBITED.] No person, except an authorized police officer, shall use or carry within the City any firearm or other dangerous weapon
Click to expand...

It says right there you can't use OR CARRY a firearm in the city. This ordinance does not appear to be in compliance with state law.
 
N

Nutczak

Regular Member
Joined
Dec 2, 2008
Messages
2,165
Location
The Northwoods, lakeland area, Wisconsin, USA
imported post

The city is fully within current law to regulate/prohibit the discharge of firearms in city limits, But state of WI statute 66.049 makes the possession/carry prohibition unenforceable.

I would contact your alderman, or city board, or the city attorney and request that the law be rewritten to be in line with the state laws.

There are some fine examples in the WI thread of letters others have written to town board members to have the law corrected.

IMO, the reply you get from a town leader is usually a good indication of their general attitudes about 2A rights.

If you get a snarky or condescending reply, I am fairly sure you can expect some harassment from the police force for carrying.
If you get a reply stating that they thank you for bringing the issue to their attention, and state it the unenforceableordinance will be addresses in the next meeting, I think it is fair to say they will most likely respect your right top carry.

But, you may just run into a cop that has a case of "Richard Cranium'ism" and harass you anyways.

I brought up a similar preempted town ordinance to our town supervisor, And it turns out the guy coauthored the preemption statute when he was in a state politician position! Hows that for odd? He basically help write 66.049, but the town he is the head person in, still has a preempted ordinance still on the books many months later.:banghead::banghead::banghead:
 
You must log in or register to reply here.
Top