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Eau Claire city parks

phred

Regular Member
Joined
Mar 14, 2010
Messages
768
Location
North Central Wisconsin, ,
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I'm sorry, this is better

9.32.040 Possession of firearms--Public buildings, business establishments and public areas.
A. "Law enforcement officer" means any person employed by the state or any political subdivision of
the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is
authorized to make arrests for violations of the laws or ordinances he or she is employed to enforce.
B. No invitee, except a law enforcement officer acting in the scope of his or her employment, shall
have in his or her possession, carry or bear any firearm within any publicly owned building or business
establishment open to the public within the city.
C. This section shall not be construed to prohibit the sale, purchase or trade of firearms by a retail
business establishment doing so in the course of its regular business in accord with state and federal law, nor
to hinder a prospective customer from attempting to buy, sell or trade firearms to or from a retailer.
D. This section shall not apply to a law enforcement investigator, watchman, guard, security or
military personnel who are permitted by law to carry or bear a firearm, when acting in the line of duty.
E. This section shall not apply to the carrying or bearing of a firearm in a bona fide firearm safety or
training course or practice firing held at a location approved by the chief of police or other governmental
agency. Disapproval of a location by the chief of police may be appealed to the city council.
F. No person, except a law enforcement officer, may carry a firearm on any city street, sidewalk, alley
or other city property (other than locations prohibited under this section), unless it is unloaded and enclosed in
a carrying case.
217-1 (Eau Claire 6/2006)
G. The chief of police may exempt a particular location from the prohibitions contained in this section
for the purpose of conducting an exhibition, gun show or otherwise bona fide activity. Applications for such
exemption shall be made in writing at least 30 days prior to the scheduled event, and may only be granted
where the public safety is not jeopardized. The chief of police may attach certain conditions to any approvals
granted under this subsection. Disapproval by the chief of police may be appealed to the city council. (Ord.
4921, 1989; Ord. 4738 §1, 1987; Ord. 4488 §2, 1984; Ord. 4420 §2, 1984; Ord. 4327 §4, 1983).
 
Joined
Jun 21, 2009
Messages
2,381
Location
across Death's Door on Washington Island, Wisconsi
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Clearly this ordinance is unenforceable by a court. As clearly, it is enforceable by a law enFORCEment agent, else how will the activist gain standing to test the court?

In the matter of the OP; no, as has been posted recently, in Wisconsin state parks a firearm must be unloaded and encased ('encased' meaning not openly carried).

Unloaded concealed carry may be legal but you'll have to gain standing to test its legality in court.
 
Joined
Jun 21, 2009
Messages
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Location
across Death's Door on Washington Island, Wisconsi
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phred wrote:
This might be a helpful link to those who want to look up a city's ordinance on public firearm possession.

http://wilawlibrary.gov/topics/ordinances.php

Usually the pertinent info is under the Public Peace, Safety, Welfare, etc
Thanks. Good information.

Unfortunately neither Door County's nor Washington Island's citation are effective on "Public Peace, Safety, Welfare."
 

BROKENSPROKET

Regular Member
Joined
Jan 5, 2010
Messages
2,199
Location
Trempealeau County
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phred wrote:

9.32.040 in unenforceable. City parks are not mentioned specifically. I have an email forwarded to me from the Eau Claire City Attorney stating that he ackowledges that it is unenforceable. He goes on to state that it has not been enforced since Nov. 1998.

Pheonix, Mt. Simon, Riverview Parks are not in school zones. Most of, but not all of Carson Park in not in a school zone.

Irvine Park in Chippewa Falls in almost entirely in a school zone. :X:banghead:
 
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