Mike
Site Co-Founder
imported post
I think they are incorrect on the notion that city park bans are OK caus the state bans gun cary at state parks - I think a civil action is eeded to quash these under both preemption and the lawful purpose argument from hamdan.
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http://www.greenbaypressgazette.com/article/20091007/GPG0101/910070530/1207/GPG01/Ashwaubenon-considers-open-carry-ordinance
Ashwaubenon considers open carry ordinance
By Patti Zarling • Pzarling@greenbaypressgazette.com • October 7, 2009
ASHWAUBENON — Village leaders seem poised to adopt a rule allowing the open carry of firearms in most of the community, though they may continue to ban guns in community parks.
The Public Works and Protection Committee on Tuesday recommended the village reverse its ordinance forbidding the open carry of firearms to comply with state law. De Pere also changed its code after Wisconsin Attorney General J.B. Van Hollen issued a statement saying state statutes did not indicate that openly carrying a firearm is illegal and that the state constitution gives people the right to keep and bear arms.
The rule means guns can be carried in public within municipal limits, as long as they meet a number of guidelines. They must be holstered and in plain view and cannot be taken into a school zone, public building or a place where alcohol is bought or consumed.
However, in a separate ordinance, Ashwaubenon forbids people from bringing firearms into parks.
Public Safety Chief Eric Dunning said he hasn't been directed to change that. He referenced an opinion from the League of Wisconsin Municipalities arguing such rules are permissible because they're not more stringent than the state statutes forbidding firearms in state parks.
That pleased at least one village trustee.
"I don't think people should be able to carry loaded rifles in the village … but I was really worried about our parks," Trustee Ken Bukowski told the committee. "I feel somewhere (in the revised firearms ordinance) it should be referenced they can't be in parks."
Trustee Ken Seidel warned the rule could be challenged at the national level by gun owners' rights advocates.
The Green Bay City Council recently rejected a proposal to ban firearms from parks. It never had an ordinance making the open carry of firearms illegal.
The Village Board likely will vote on the ordinance change at its Oct. 13 meeting.
In other action, the committee referred to staff a proposed ordinance that would require pawn shop and resale store owners to record transactions electronically.
Resale store owners now are required to be licensed and to record transactions on paper. The new rule would require them to electronically record transactions and download them to a dedicated Web page at the end of each day. The Green Bay Police Department then, at no cost to the village, would download the information into a database that could help identify stolen items.
The idea is to have all Brown County communities join the system, Dunning said. Ashwaubenon has at least nine resale stores and no pawnshops, he said.
Mike Hendricks, who owns Play It Again Sports on Ridge Road, said he's not opposed to the rule, but is worried about downloading to police information on the 20,000 items he expects to handle this year.
Authorities said they're not interested in books, clothing or other items people aren't likely to steal and resell, and that an ordinance could exempt items Hendricks sells that reflect that idea, such as hockey pucks.
I think they are incorrect on the notion that city park bans are OK caus the state bans gun cary at state parks - I think a civil action is eeded to quash these under both preemption and the lawful purpose argument from hamdan.
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http://www.greenbaypressgazette.com/article/20091007/GPG0101/910070530/1207/GPG01/Ashwaubenon-considers-open-carry-ordinance
Ashwaubenon considers open carry ordinance
By Patti Zarling • Pzarling@greenbaypressgazette.com • October 7, 2009
ASHWAUBENON — Village leaders seem poised to adopt a rule allowing the open carry of firearms in most of the community, though they may continue to ban guns in community parks.
The Public Works and Protection Committee on Tuesday recommended the village reverse its ordinance forbidding the open carry of firearms to comply with state law. De Pere also changed its code after Wisconsin Attorney General J.B. Van Hollen issued a statement saying state statutes did not indicate that openly carrying a firearm is illegal and that the state constitution gives people the right to keep and bear arms.
The rule means guns can be carried in public within municipal limits, as long as they meet a number of guidelines. They must be holstered and in plain view and cannot be taken into a school zone, public building or a place where alcohol is bought or consumed.
However, in a separate ordinance, Ashwaubenon forbids people from bringing firearms into parks.
Public Safety Chief Eric Dunning said he hasn't been directed to change that. He referenced an opinion from the League of Wisconsin Municipalities arguing such rules are permissible because they're not more stringent than the state statutes forbidding firearms in state parks.
That pleased at least one village trustee.
"I don't think people should be able to carry loaded rifles in the village … but I was really worried about our parks," Trustee Ken Bukowski told the committee. "I feel somewhere (in the revised firearms ordinance) it should be referenced they can't be in parks."
Trustee Ken Seidel warned the rule could be challenged at the national level by gun owners' rights advocates.
The Green Bay City Council recently rejected a proposal to ban firearms from parks. It never had an ordinance making the open carry of firearms illegal.
The Village Board likely will vote on the ordinance change at its Oct. 13 meeting.
In other action, the committee referred to staff a proposed ordinance that would require pawn shop and resale store owners to record transactions electronically.
Resale store owners now are required to be licensed and to record transactions on paper. The new rule would require them to electronically record transactions and download them to a dedicated Web page at the end of each day. The Green Bay Police Department then, at no cost to the village, would download the information into a database that could help identify stolen items.
The idea is to have all Brown County communities join the system, Dunning said. Ashwaubenon has at least nine resale stores and no pawnshops, he said.
Mike Hendricks, who owns Play It Again Sports on Ridge Road, said he's not opposed to the rule, but is worried about downloading to police information on the 20,000 items he expects to handle this year.
Authorities said they're not interested in books, clothing or other items people aren't likely to steal and resell, and that an ordinance could exempt items Hendricks sells that reflect that idea, such as hockey pucks.
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