Link to the Listing of City, Town and Village Ordinance

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I am putting together the county websites that were not on the list. That will give people contact information as a place to start researching if such ordaninances exist.

I'll edit this post and put them here.

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Can a city over-ride state ruling on firearms laws? The city of Osceola where I live, defines their firearms laws as the following:


§168-2Firearms. [Amended 1-13-2004 by Ord. No. 04-02] No person, except a sheriff, constable, police officer or their deputies, shall fire or discharge any firearm, rifle or spring, air, or black powder gun within the Village or have any firearm, rifle or spring, air, or black powder gun in his or her possession or under his or her control unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container. The Chief of Police may grant a permit for such use for any lawful purpose, such as pest extermination, to any adult resident of the Village for not more than 30 days. No person shall hunt within the Village or, in the territory adjacent to the Village, discharge any firearm in such manner that the discharge shall enter or fall within the Village.


Though in Wisconsin Legislature,

Article I, §25
Right to keep and bear arms. Section 25. [As created Nov. 1998] The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

66.0409(2)
(2) Except as provided in $xhitlist_md=target-id=0-0-0-104705]subs. (3) and $xhitlist_md=target-id=0-0-0-104707](4), 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'm sure many of you are familiar with Wisconsin state laws. I'm just confused on a whole. State law says I can, city says I can't. :? Help, anyone? Also if there's anyone in the area to maybe get together with and chat, that would be great as well. As far as I know, I'm the only OC'er up here in my neck of the woods.

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An ordinance prohibiting discharge is proper under state statute. I would argue that a holster is a "a carrying case" and "suitable container" under your bit of § 66.0409 that has no teeth. If you had read and quoted the rest of § 66.0409 then you might have found the part about 'unenforceable' and that it probably does not apply to your town's ordinances.

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vin_w88 wrote:

Can a city over-ride state ruling on firearms laws? The city of Osceola where I live, defines their firearms laws as the following:

......
I'm sure many of you are familiar with Wisconsin state laws. I'm just confused on a whole. State law says I can, city says I can't. :? Help, anyone? Also if there's anyone in the area to maybe get together with and chat, that would be great as well. As far as I know, I'm the only OC'er up here in my neck of the woods.

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The short answer is NO they can not properly do so. You will find other political subdivisions with language such as yours still on the books though.


If you read the past threads you will find cases of individuals carrying in spite of the "unenforceable" city code in their community. The local police may cite but you will prevail in court. There are no recent cases of anyone being successfully prosecuted for OC.

You may beat the rap but you may not beat the ride.Prepare to be cited and prepare to beat it in court. Arming yourself with the applicable statutes will go far to your benefit.

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If anybody is keeping track, I have recently sent letters to Janesville and Whitewater.

Janesville - Ordinance being reviewed by Chief of Police and city attorney - possibly on next City Council agenda.

Whitewater - No reply to email yet.

Dave

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vin_w88 wrote:

Can a city over-ride state ruling on firearms laws?

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I would tell you that they KNOW by now they cannot enforce the ordinance.

Racine paying out $10K has gotten around and the municipalities are all on notice about OC.

There will be a big OC event in you area in August, and I'll be in Eau Claire the week of July 18 - 24.

PM me if you want to meet up.

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City of Waupaca and Waupaca County

I am in the process of drafting and sending letters to both the city of Waupaca and Waupaca County regarding their ordinances prohibiting firearms in public places.
I will update this thread with my results.