OC in Milwaukee County Parks & City of Greenfield

imported post

So the state statutes say we can carry anywhere with the exception of school zones, places that serve booze, public buildings, etc.

Then state statute 66.0409(2) says no county, city, or town may pass a law that restricts our rights even further.

BUT Milwaukee County has an ordinance that states we cannot carry in county parks. And the city of Greenfield is in the process of adopting an ordinance worded the same, but also adds "parkways, nature areas" etc.

Am I right on these statements? I am asking because I am going to start writing the appropriate politicians, and (J Gleason will be happy to hear) I particularly want to hear what Scott Walker has to say about this county ordinance.

Looking ahead, if needed, I think a lawsuit could be done relatively cheap. The materials facts (the statutes and ordinances) would not be in dispute, and the case would probably be settled by summary judgment. That is pretty much where we lay out our side in briefs, they lay out their side, and the judge decides. We wouldn't have to have the expensive parts of a lawsuit (discovery, depositions, etc.).

Thoughts?

imported post

No jurisdiction is charged with enforcing the law against the interests of the State or its political subdivisions. A criminal charge must be made by a citizen to a state attorney who enjoys discretion. Standing must be obtained to make a civil complaint.

I-ANAL and no one has ever had these thoughts before. Best Wishes.

imported post

Doug Huffman wrote:

No jurisdiction is charged with enforcing the law against the interests of the State or its political subdivisions. A criminal charge must be made by a citizen to a state attorney who enjoys discretion. Standing must be obtained to make a civil complaint.

I-ANAL and no one has ever had these thoughts before. Best Wishes.

Click to expand...

Doug, I in no way believe I am the first one to have these thoughts. I just want to be informed before confronting the pols.

I thought of the issue of standing as well. Does one actually have to be charged with the crime in order to have standing? Would the fact that "Plaintiff is an adult resident of Milwaukee County who would lawfully open carry a firearm in Milwaukee County Parks if not for the county ordinance...." suffice to provide standing?

imported post

I-ANAL Ask one. Standing in civil court requires suffering a tort.

Use the Wikipedia and you can be as all knowing as I am.

imported post

The only thing is, if you are in the park and need to use the bathroom, what do you do?

imported post

protias wrote:

The only thing is, if you are in the park and need to use the bathroom, what do you do?

Click to expand...

Unless you are willing to make a stand and fight this in court, leave a yard biscuit.

imported post

Well what all the localities are trying to say is that it is similar to the state park statute which it isn't. Here is the main park ordinance thread along with contact numbers for Scott Walker, and John Chism I must have called Scott Walkers office 6 times and spoke with receptionists and got ignored.... give it a look.



http://opencarry.mywowbb.com/view_topic.php?id=24982&forum_id=57&highlight=open+carry+illegal+in+milwaukee+county+parks

imported post

Thanks for the info and thanks for the link to the other thread BJA, learned a lot.

The thing that sucks about Walker is he will do as all politicians and save his political behind by staying as far away from the subject as possible. It sucks, but is understandable, can you see the commercials Barrett would run? "Scott Walker voted to allow guns in schools and parks, keep our children safe and vote for me, I have pushed for SENSIBLE gun legislation which respects peoples 2nd amendment rights while protecting our kids."