Thread: local ordinances
If i go to the local pd and they state that the village has a local ordinace against carrying a fire arm then what do you do. i thought there was something out there that stated the local laws could not be more strict than the state laws or do i have it backwards just looking for some clarification..any thoughts or ideas would be helpful as im new to this stuff...
2nd. What municipality are you checking with?
3rd. No matter what the cops or the local laws say, as long as you stay out of the 5 places that state law prohibit (cars, bars, government buildings, school zones, state parks) you are fine.
There are plenty of lawyer-wannabes here, that prate of § 66.0409 after reading only the agreeable portions. The town cop can and will cite you for what ever he wants, leaving it to the prosecuting attorney to find a charge that will stick. Whatever it is, YOU have to defend yourself, with your money, with your time and with your honor at stake.Originally Posted by OCDO RULES
So, for you to remain a law abiding citizen, as required by our rules, you/we must obey the most stringent interpretation of the laws while being active and speaking out for reform.
I wasnt looking to break any laws but stay with in them. I just dont want to get the ol DC ticket for carrying with in the village....i havent asked yet but was curious if i should.
i live in a small town outside of eagle and was looking to carry around town with out being ticketed...
If you let us know the specific jurisdiction you plan on carrying in, we can help you look it up. I tried the Village of Palmyra and for some reason either their web site is down or something else is wrong. I cannot access their ordinances.
What township/County? I assume Waukesha County. If the enforcement for where you plan on OC'ing is patrolled by the Waukesha County Sheriff, there are no county ordinances against OC'ing.
I disagree 100% w/ Doug.
We have several legal opinions including from the City Attorney from the City of Eau Claire, stating that local ordinances pertaining to firearms ownership/possession/carry are 100% unenforceable and have been sine 1995.
Doug is correct in that 66.0409 doesn't contain a legal penalty for violating the statute, but I would submit, given that I have actually carried in over 70% of the counties in WI, and many still have these useless unenforceable ordinances on the books, it is NOT a violation of the law, because they are preempted, have no force of law, and the locals know it.66.0409(2)
(2) Except as provided in subs. (3) and (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.
(a) Nothing in this section prohibits a political subdivision from continuing to enforce an ordinance or resolution that is in effect on November 18, 1995, and that regulates the sale, purchase, 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, if the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
(b) If a political subdivision has in effect on November 17, 1995, an ordinance or resolution that regulates the sale, purchase, 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, and the ordinance or resolution is not the same as or similar to a state statute, the ordinance or resolution shall have no legal effect and the political subdivision may not enforce the ordinance or resolution on or after November 18, 1995.
Wisconsin has Article 1, section 25 of the state constitution. "The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose." It was argued in front of the State Supreme Court on multiple occasions that the Court should uphold the CC statute because OC was legal. The states position is that you can walk up/down state street with a shotgun or loaded pistol and this is record.
To summarize, the local ordinances have no legal effect, and the locals ALL know this. That is why we continue to work to remove this erroneous ordinances.
I carry all the time, and openly advocate everybody do the same. This is NOT advocating breaking the law, because local ordinances have no force of law.
On whom are your City Attorney opinions binding?
Because you were not seen or cited for an arguably unlawful act does not make it somehow lawful.
Your "This is NOT advocating breaking the law, because local ordinances have no force of law." is about the most outrageous statement I can imagine. I'm sure that you didn't intend to write that.
This is what I am being pleasantly distracted from studying
I just burned my first MP3 CD, of Donald Rumsfeld on 'Unknown Unknowns'.
Last edited by Doug Huffman; 08-14-2010 at 11:21 AM.
I note, too, that you took off your WCI hat and put on your personal-corporate hat to make these statements.
I guess I moved Palmyra. I guess it's in Jefferson County. I went and looked and the only Jefferson County ordinance regarding firearms is not allowing OC in county parks.
There is a debate if that law is legal. The state prohibits OC in state parks.
As I said, give us the township you want to carry in and we can help lookup the laws.
I live in the village of palmyra and also the town as wierd as that sounds. so any help would be great. i tried looking at some websites but have found nothing..
Owner Little Wolf Firearms , US ARMY RETIRED 101st Airborne & 84th DIV TRNG Small arms instructor.
Remember , Gun Control is " USING BOTH HANDS!"