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Thread: Is Barron County OC Freindly

  1. #1
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    Moving to Chetek Wi in two weeks wanted to know if the area has any known issues

  2. #2
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    I found this in there ord. I guess I should send a letter get them removed


    DIVISION 2. WEAPONS*
    __________ *State law references: Authority for local regulation of firearms, Wis. Stats. § 66.0409; endangering safety by use of dangerous weapon, Wis. Stats. § 941.20; discharge of firearms and other weapons near public parks prohibited, Wis. Stats. § 167.30; safe use and transportation of firearms and bows, Wis. Stats. § 167.31.
    __________

    Sec. 62-84. Discharge and possession regulated. (a)Prohibitions; exceptions. No person, except a police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description, or bow and arrow/crossbow, within the City or have any firearm, rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow, in his possession or under his control unless it is unloaded and enclosed or encased within a carrying case or other suitable container pursuant to State law. (b)Shooting into City limits. No person shall in the territory adjacent to the City discharge any firearm in such manner that the discharge shall enter or fall within the City. (c)Shooting ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the Common Council, after an advisory recommendation from the Chief of Police, where proper safety precautions are taken. (d)Explosive devices. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the City without first obtaining a permit to do so from the Chief of Police. (e)Hunting prohibited. Hunting is prohibited within the corporate limits of the City. (Code 2005, § 11-2-1(a)--(e))
    Sec. 62-85. Exceptions.
    The Common Council of the City may, by special permit, allow limited bow and arrow hunting of deer to control certain nuisance problems that can occur when there are over-concentrations of deer population within the City limits which can cause health and safety concerns. Said permit shall be subject to the following terms and conditions: (1)The permitted hunting activity shall be limited to a specific and limited number of people. (2)All State DNR regulations and any other applicable statute, law, or regulation, shall be strictly complied with. (3)The parties who are to be armed with bow and arrow shall provide some evidence of their competence and expertise. (4)As part of any application for this permit, the proposed hunting area shall be specifically marked on a map provided to the City and advance notice shall be given to the general public by publishing at least a Class I notice, which notice shall include a map delineating the hunting area, and by giving a written notice to any adjoining property owner or to any other property owner located within 200 yards of the proposed hunting area prior to the issuance of said permit. (5)The applicant shall also provide evidence of appropriate liability insurance in an amount of at least $1,000,000.00 per occurrence. (6)Tracking and following wounded animals out of the proposed hunting area may be permitted, but shall only be allowed if said conduct is performed n a manner in strict conformity with all applicable Federal, State and other regulations. However, in no event may a shot be taken within 200 yards of any building which is not on the permitted premises or of any other individual who does not hold such a permit. (7)The permit may specify limits to any drive or may prohibit certain specific hunting tactics. (8)The permit may be conditioned upon such other and further additional protections as the City may deem appropriate under the circumstances. (9)Finally, if any law enforcement personnel shall, in their sole opinion and discretion, have reasonable grounds to believe that the terms and conditions of the permit are not being strictly complied with, then, in that event, they shall have the authority to immediately revoke the permit. (Code 2005, § 11-2-1(g))
    Sec. 62-86. Concealed weapons prohibited.
    (a)Prohibition. No person shall within the City wear or in any manner carry under his clothes or conceal upon or about his person any deadly or dangerous weapon, provided this subsection shall not apply to a peace officer or such persons as may be authorized to carry such weapons. (b)Dangerous weapon defined. The term "dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrument which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. (c)Specific concealed weapons prohibited. No person, except a sheriff, constable, police officer or other law enforcement officer acting within the scope of their duties, shall carry or wear concealed about his person any pistol, revolver, firearm, sling shot, crossknuckle of lead, brass or other materials, bowie knife, switchblade, dirk or dagger or any other dangerous or deadly weapon within the City. (Code 2005, § 11-2-2(a))
    Sec. 62-87. Weapons in public establishments prohibited.
    (a)No person shall have in his possession or carry any firearm, rifle, handgun, spring or air gun, knife with a three-inch or larger blade, bow and arrow device or switch blade as defined in Wis. Stats. § 941.24 within any public or business establishment within the City. This prohibition does not apply to the following persons: (1)Any person employed by a law enforcement agency and who is within the scope of his official duties. (2)Any owner, occupier or employee of a public or business establishment in relation to the use or possession of knives which are used in connection with the public or business purpose of the establishment. (3)Any person in connection with the trade, sale or purchase of any such firearms or other device from or to a retail business establishment. (4)Any person who is an owner, occupier or employee of a public or private business establishment where such firearms or other device is maintained on the premises for the protection of life or property. (b)This section shall not apply to peace officers or others duly authorized by law acting within the scope of their duties. This section shall not be construed to prohibit the sale, purchase, repair 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. (Code 2005, § 11-2-2(b))
    Sec. 62-88. Possession, sale and manufacturer of certain weapons prohibited. (a)No person shall sell, manufacturer, purchase, possess or carry a Numchuk, also called a Nunchaku, or a Churkin or a Sucbai or similar weapon within the City. (b)Any such device shall be seized by a law enforcement officer and destroyed or turned over to the State Crime Laboratory for destruction. (Code 2005, § 11-2-2(d))
    Sec. 62-89. Reckless use of weapons. (a)Acts prohibited. (1)No person shall endanger another's safety by reckless conduct in the operation or handling of a firearm, air gun, knife or bow and arrow. (2)No person shall operate or go armed with a firearm, air gun, knife or bow and arrow while he is under the influence of an intoxicant. (3)No person shall intentionally point a firearm, air gun, knife or bow and arrow at or toward another person. (b)Reckless conduct defined. Reckless conduct consists of an act which creates a situation of unreasonable risk and high probability of death or great bodily harm to another and which demonstrates a conscious disregard for the safety of another and a willingness to take chances of perpetrating an injury. (Code 2005, § 11-2-2(e))

  3. #3
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    They can regulate the discharge of a firearm, but that is about it.

    As for O-C friendly; You are almost guaranteed to have at least one member of local law enforcement that is of the mind that only they should be able to own a firearm. But we have rights enumerated in both the state and federal constitution to show them otherwise.

    Just make sure you stay out of the restricted area's, and stay safe.

  4. #4
    Regular Member AaronS's Avatar
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    barronburke wrote:
    I found this in there ord. I guess I should send a letter get them removed


    DIVISION 2. WEAPONS*
    __________ *State law references: Authority for local regulation of firearms, Wis. Stats. § 66.0409; endangering safety by use of dangerous weapon, Wis. Stats. § 941.20; discharge of firearms and other weapons near public parks prohibited, Wis. Stats. § 167.30; safe use and transportation of firearms and bows, Wis. Stats. § 167.31.
    __________

    Sec. 62-84. Discharge and possession regulated. (a)Prohibitions; exceptions. No person, except a police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description, or bow and arrow/crossbow, within the City or have any firearm, rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow, in his possession or under his control unless it is unloaded and enclosed or encased within a carrying case or other suitable container pursuant to State law. (b)Shooting into City limits. No person shall in the territory adjacent to the City discharge any firearm in such manner that the discharge shall enter or fall within the City. (c)Shooting ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the Common Council, after an advisory recommendation from the Chief of Police, where proper safety precautions are taken. (d)Explosive devices. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the City without first obtaining a permit to do so from the Chief of Police. (e)Hunting prohibited. Hunting is prohibited within the corporate limits of the City. (Code 2005, § 11-2-1(a)--(e))
    Sec. 62-85. Exceptions.
    The Common Council of the City may, by special permit, allow limited bow and arrow hunting of deer to control certain nuisance problems that can occur when there are over-concentrations of deer population within the City limits which can cause health and safety concerns. Said permit shall be subject to the following terms and conditions: (1)The permitted hunting activity shall be limited to a specific and limited number of people. (2)All State DNR regulations and any other applicable statute, law, or regulation, shall be strictly complied with. (3)The parties who are to be armed with bow and arrow shall provide some evidence of their competence and expertise. (4)As part of any application for this permit, the proposed hunting area shall be specifically marked on a map provided to the City and advance notice shall be given to the general public by publishing at least a Class I notice, which notice shall include a map delineating the hunting area, and by giving a written notice to any adjoining property owner or to any other property owner located within 200 yards of the proposed hunting area prior to the issuance of said permit. (5)The applicant shall also provide evidence of appropriate liability insurance in an amount of at least $1,000,000.00 per occurrence. (6)Tracking and following wounded animals out of the proposed hunting area may be permitted, but shall only be allowed if said conduct is performed n a manner in strict conformity with all applicable Federal, State and other regulations. However, in no event may a shot be taken within 200 yards of any building which is not on the permitted premises or of any other individual who does not hold such a permit. (7)The permit may specify limits to any drive or may prohibit certain specific hunting tactics. (8)The permit may be conditioned upon such other and further additional protections as the City may deem appropriate under the circumstances. (9)Finally, if any law enforcement personnel shall, in their sole opinion and discretion, have reasonable grounds to believe that the terms and conditions of the permit are not being strictly complied with, then, in that event, they shall have the authority to immediately revoke the permit. (Code 2005, § 11-2-1(g))
    Sec. 62-86. Concealed weapons prohibited.
    (a)Prohibition. No person shall within the City wear or in any manner carry under his clothes or conceal upon or about his person any deadly or dangerous weapon, provided this subsection shall not apply to a peace officer or such persons as may be authorized to carry such weapons. (b)Dangerous weapon defined. The term "dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrument which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. (c)Specific concealed weapons prohibited. No person, except a sheriff, constable, police officer or other law enforcement officer acting within the scope of their duties, shall carry or wear concealed about his person any pistol, revolver, firearm, sling shot, crossknuckle of lead, brass or other materials, bowie knife, switchblade, dirk or dagger or any other dangerous or deadly weapon within the City. (Code 2005, § 11-2-2(a))
    Sec. 62-87. Weapons in public establishments prohibited.
    (a)No person shall have in his possession or carry any firearm, rifle, handgun, spring or air gun, knife with a three-inch or larger blade, bow and arrow device or switch blade as defined in Wis. Stats. § 941.24 within any public or business establishment within the City. This prohibition does not apply to the following persons: (1)Any person employed by a law enforcement agency and who is within the scope of his official duties. (2)Any owner, occupier or employee of a public or business establishment in relation to the use or possession of knives which are used in connection with the public or business purpose of the establishment. (3)Any person in connection with the trade, sale or purchase of any such firearms or other device from or to a retail business establishment. (4)Any person who is an owner, occupier or employee of a public or private business establishment where such firearms or other device is maintained on the premises for the protection of life or property. (b)This section shall not apply to peace officers or others duly authorized by law acting within the scope of their duties. This section shall not be construed to prohibit the sale, purchase, repair 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. (Code 2005, § 11-2-2(b))
    Sec. 62-88. Possession, sale and manufacturer of certain weapons prohibited. (a)No person shall sell, manufacturer, purchase, possess or carry a Numchuk, also called a Nunchaku, or a Churkin or a Sucbai or similar weapon within the City. (b)Any such device shall be seized by a law enforcement officer and destroyed or turned over to the State Crime Laboratory for destruction. (Code 2005, § 11-2-2(d))
    Sec. 62-89. Reckless use of weapons. (a)Acts prohibited. (1)No person shall endanger another's safety by reckless conduct in the operation or handling of a firearm, air gun, knife or bow and arrow. (2)No person shall operate or go armed with a firearm, air gun, knife or bow and arrow while he is under the influence of an intoxicant. (3)No person shall intentionally point a firearm, air gun, knife or bow and arrow at or toward another person. (b)Reckless conduct defined. Reckless conduct consists of an act which creates a situation of unreasonable risk and high probability of death or great bodily harm to another and which demonstrates a conscious disregard for the safety of another and a willingness to take chances of perpetrating an injury. (Code 2005, § 11-2-2(e))
    You hit it on the head. Send a nice letter, and bring up 66.0409. Ask that the old law be updated, and I bet it will get done. I would send the e-mail to the full board, mayor, and head of police. It is nice to cover them all in one shot, so every one is on the same page. Oh, and let us know what you get done.

  5. #5
    Regular Member AaronS's Avatar
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    This is a copy of one of mine. I dont think this was the one I sent to MenoFls., but it was the first draft...





    Dear Trustee (What ever your name is),





    I was just looking over a few of the local Menomonee Falls regulations, and bumped into Sec. 62-87. Possession and carrying.

    I see your Village Ordinance Sec.62-87 has not been changed as of yet. Sec. 62-87 reads “No person shall carry or have in his possession at any time within the village any weapon as defined in section 62-86 unless it is unloaded and knocked down or unloaded and enclosed within a carrying case or other suitable container except as follows:

    (1)A duly authorized peace officer;

    (2)Within a private residence;

    (3)Within a supervised rifle, pistol, trap, skeet or archery range authorized by the village board;

    (4)When used while hunting as defined in section 62-91.

    (5)A private security person, as defined in Wis. Stats. § 440.26(1m), who meets all of the requirements as outlined under Wis. Stats. § 167.31(4)(a)4, and the Wis. Admin. Code § RL 34.01(1).

    (Code 1963, § 10.02(2)(b); Ord. No. 13-O-98, § 1, 7-20-98)

    State law references: Carrying concealed weapon, Wis. Stats. § 941.23.

    .”.



    As I am quite sure by now you are aware, the Wisconsin State Preemption Statute 66.0409 Sub. 2, makes Sec. 62-87 of the Menomonee Falls Regulations, null and void. Wisconsin Statute 66.0409 in part reads “no political subdivision

    may enact an ordinance or adopt a resolution that regulates

    the sale, purchase, purchase delay, transfer, ownership, use, keeping,

    possession, bearing, transportation, licensing, permitting,

    registration or taxation of any firearm or part of a firearm, including

    ammunition and reloader components, unless the ordinance or

    resolution is the same as or similar to, and no more stringent than,

    a state statute.”.

    I would like to know if the Menomonee Falls Board has brought up that its open carry (of a hand gun) restriction, need to be removed from your local regulations?

    If the Village Board has not yet discussed this topic, I am asking that you do so at the next meeting.



    Thank you very much for your time,



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