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Green Bay Press - Allouez repeals general open carry ban, but keeps park gun ban

Doug Huffman

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Jun 9, 2006
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9,180
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Washington Island, across Death's Door, Wisconsin,
http://www.greenbaypressgazette.com...idents-can-openly-carry-guns-but-not-in-parks

SNIP

ALLOUEZ — More than a year after Wisconsin Attorney General J.B. Van Hollen said it's legal to openly carry firearms in public in the state, the Village Board voted to change its ordinance to agree with that advisory.

Board members recently voted to allow people to openly carry firearms while banning them in public parks unless they are unloaded and enclosed in a case.

Residents also are not allowed to have a BB, airsoft, paintball or pellet gun or either a slingshot or bow on public property unless it is unarmed and in its case. It is illegal for people, outside of police officers, to shoot or discharge a firearm in the village.

De Pere and Ashwaubenon repealed ordinances that banned open carry in October 2009.

But it took several months for the Allouez Village Board members to redraft the details of their ordinance after officials recently became aware of the discrepancy with the law, Village Board President Steve Vanden Avond said.

"Of course we're going to obey the federal and state law with the right to bear arms, but we wanted to discuss how much we wanted to restrict after that," Vanden Avond said.

Trustee Lynn Green supported banning firearms in parks in the ordinance when the panel met on the matter on June 15. Alcohol is allowed in the parks, and firearms are not allowed where alcohol is served, she said.

"In my opinion, you don't want to be dictating too much what people are doing in their own homes," Vanden Avond said. "But, on the other hand, there is a limit. You have to consider public safety. Someone can't be making a bomb in their basement."

. . .
 
Last edited by a moderator:

qball54208

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Mar 18, 2010
Messages
288
Location
GREEN BAY, Wisconsin, USA
http://www.greenbaypressgazette.com...idents-can-openly-carry-guns-but-not-in-parks

ALLOUEZ — More than a year after Wisconsin Attorney General J.B. Van Hollen said it's legal to openly carry firearms in public in the state, the Village Board voted to change its ordinance to agree with that advisory.

Board members recently voted to allow people to openly carry firearms while banning them in public parks unless they are unloaded and enclosed in a case.

Residents also are not allowed to have a BB, airsoft, paintball or pellet gun or either a slingshot or bow on public property unless it is unarmed and in its case. It is illegal for people, outside of police officers, to shoot or discharge a firearm in the village.

De Pere and Ashwaubenon repealed ordinances that banned open carry in October 2009.

But it took several months for the Allouez Village Board members to redraft the details of their ordinance after officials recently became aware of the discrepancy with the law, Village Board President Steve Vanden Avond said.

"Of course we're going to obey the federal and state law with the right to bear arms, but we wanted to discuss how much we wanted to restrict after that," Vanden Avond said.

Trustee Lynn Green supported banning firearms in parks in the ordinance when the panel met on the matter on June 15. Alcohol is allowed in the parks, and firearms are not allowed where alcohol is served, she said.

"In my opinion, you don't want to be dictating too much what people are doing in their own homes," Vanden Avond said. "But, on the other hand, there is a limit. You have to consider public safety. Someone can't be making a bomb in their basement."

Residents can only use a bow and arrow or Co2-powered BB, airsoft, paintball or pellet gun inside their own residence. Guns powered by Co2 are considered less accurate than other compressed air guns, which are powered by nitrogen.

Any other type of slingshot or BB, airsoft, paintball or pellet gun can be shot on their property as long as the projectile does not leave their yard or endanger others.

Those who violate the rules will forfeit the weapon and be fined between $500 and $5,000. The original ordinance included a maximum $1,000 fine.

"I want to prevent the arrow from going over the fence, I don't want to fine people if it does," Vanden Avond said.
This guy, Vanden Avond said some pretty stupid stuff! IMHO.
 

J.Gleason

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Chilton, Wisconsin, USA
"Those who violate the rules will forfeit the weapon and be fined between $500 and $5,000. The original ordinance included a maximum $1,000 fine."

Hmmm weapons confiscation, that should be interesting.
 
B

bhancock

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http://www.greenbaypressgazette.com...idents-can-openly-carry-guns-but-not-in-parks


"Of course we're going to obey the federal and state law with the right to bear arms, but we wanted to discuss how much we wanted to restrict after that," Vanden Avond said.

Trustee Lynn Green supported banning firearms in parks in the ordinance when the panel met on the matter on June 15. Alcohol is allowed in the parks, and firearms are not allowed where alcohol is served, she said.

"In my opinion, you don't want to be dictating too much what people are doing in their own homes," Vanden Avond said. "But, on the other hand, there is a limit. You have to consider public safety. Someone can't be making a bomb in their basement."

"How much we wanted to restrict after that" Does that mean how much can we get away with?

"Alcohol is allowed in the parks', but I doubt it is being served in a business with a liquor license. Again a super stretch of the imagination. They must have sat and discussed a lot of feelings over this one.

"making a bomb in their basement" I don't even know what to say about this one. What the heck does it even have to do with the whole matter. It's kinda like saying we don't want anyone building a spaceship in their garage.

These people have absolutely no idea what they are doing, might as well be a mechanic trying to shoe a horse. Biggest bunch of nonsense I've heard in a while. Boondocks version of Daley.
 

Interceptor_Knight

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May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
and they'll need to change it again because the park thing is preempted.
"Those who violate the rules will forfeit the weapon and be fined between $500 and $5,000. The original ordinance included a maximum $1,000 fine."
Hmmm weapons confiscation, that should be interesting.

At least a few City Attorneys and DAs have the opinion that a City/County park ban is no more stringent than a State Park ban. No such Park ban or Park ban citation has been challenged in court yet.....
 

J.Gleason

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Location
Chilton, Wisconsin, USA
941.237 Carrying handgun where alcohol beverages
may be sold and consumed.

I didn't know the city parks had a permanent Class "B" license.

I think the city council should rethink their position before this costs the city a small fortune.

And as far as the gun confiscation, all I can say is......Molon Labe!
 

protias

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Dec 18, 2008
Messages
7,308
Location
SE, WI
941.237 Carrying handgun where alcohol beverages
may be sold and consumed.

I didn't know the city parks had a permanent Class "B" license.

I think the city council should rethink their position before this costs the city a small fortune.

And as far as the gun confiscation, all I can say is......Molon Labe!

If I recall correctly, Wirth Park in Brookfield has a sign that says you need to get permit from the city if you are going to have alcohol present, otherwise you'll get fined. I would imagine most parks operate this way. What type of license is this?
 

Grapeshot

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If I recall correctly, Wirth Park in Brookfield has a sign that says you need to get permit from the city if you are going to have alcohol present, otherwise you'll get fined. I would imagine most parks operate this way. What type of license is this?

Doubt it is a B license, more likely a BS license. :lol:
 
M

McX

Guest
maybe they kept the park ban because the criminals never use the parks.....yeah, right, sure.
 
M

McX

Guest
i prefer to be labeled; gnarly people, bad people i know and there are plenty of them!
 

Krusty

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Jul 11, 2010
Messages
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Location
Trempealeau County, Wisconsin
941.237 Carrying handgun where alcohol beverages may be sold and consumed.

Since the opposition is so intent on picking all wording apart, I'd say the word "AND" is our keyword. Maybe something should be done about "selling" alcohol in the city park. Is that violating some kind of law? Or the words "MAY BE" tends to change everything.
 

Motofixxer

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May 14, 2010
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Somewhere over the Rainbow
Well if I understand this right state park and national park carry is ok:
http://www.handgunlaw.us/documents/USRVCarCarry.pdf

National Parks and National Wildlife Refuges (NWR) Carry
National Park Carry will go into effect February 22, 2010. That means if you have a
permit/license that is legal in the state the National Park is located in you can carry in that
National Park. Until that time carry in National Parks is illegal.
Title 36 Chpt. 1 Part 2 § 2.4 Weapons traps and nets.
(h) Notwithstanding any other provision in this Chapter, a person may possess,
carry, and transport concealed, loaded, and operable firearms within a national park area
in accordance with the laws of the state in which the national park area, or that portion there of,
is located, except as otherwise prohibited by applicable federal law.
Chapter 50 Chapter 1 Part 27 § 27.42 Firearms.
www.handgunlaw.us 2
(e) Notwithstanding any other provision in this Chapter, persons may possess,
carry, and transport concealed, loaded, and operable firearms within a national wildlife
refuge in accordance with the laws of the state in which the wildlife refuge, or that
portion thereof, is located, except as otherwise prohibited by applicable federal law.
National Forests
Some states have laws concerning carrying in National Forest. You must know the law.
In most states if it is legal for you to carry a firearm concealed in the state the National Forest is
in you can carry your firearm concealed in a National Forest in that state. If it is legal to carry a
firearm openly on your hip in the state the National Forest is in you can legally carry it that way
in the National Forest in that state. Some states have have laws against carrying in National
Forests in their state. Look at each states page to see if it is legal to carry in National Forests in
that state.
Do be advised that any Ranger Station or Visitors Center in any National Forest is considered
a Federal Building. It is illegal to carry any firearm into such a building either concealed or
openly even with a CCW from the state the National Forest Ranger Station or Visitors Center is
in.

And this appears to be actual Federal code

http://ecfr.gpoaccess.gov/cgi/t/text....0.1.1.2.0.1.4

§ 2.4 Weapons, traps and nets.
(h) Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.

And apparently you have to disarm to walk into the bathrooms or the ranger stations, because they are government owned buildings. "Here hunny hold this...I have to pee" Or "here hunny hold this, take a seat I might be in there a few minutes" LoL

So my logical conclusion is OC in WI is ok, so OC in a National Park or Forest after Feb 2010 is ok, so any local county or city park is preemted and unenforceable right?
 

Grapeshot

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Valhalla
Federal law also prohibits firearms in certain facilities in this park;those places are marked with signs at all public entrances.
http://www.nps.gov/bibe/planyourvisit/firearms.htm

Facilities where a federal employee normal works are restricted - restrooms with exterior, separate entrances are not.
http://www.nps.gov/glac/parkmgmt/upload/Frequently Asked Questions Public 2-18-10_FINAL[1].pdf

Also concessions/shops that are leased by private third parties are not covered under the "federal facility" definition.
http://www.nps.gov/glac/parkmgmt/upload/Frequently Asked Questions Public 2-18-10_FINAL[1].pdf
 
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