Results 1 to 13 of 13

Thread: local ordinances

  1. #1
    Regular Member
    Join Date
    Aug 2010
    Location
    Somewhere in the boonies
    Posts
    58

    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...

    thanks

  2. #2
    Regular Member Teamtnt2004's Avatar
    Join Date
    Jun 2010
    Location
    Janesville, Wisconsin, USA
    Posts
    77
    Quote Originally Posted by Shorin21 View Post
    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...

    thanks
    The local laws cannot be more stringent that state law. State law says you can carry so you are fine.

  3. #3
    Regular Member paul@paul-fisher.com's Avatar
    Join Date
    May 2009
    Location
    Chandler, AZ
    Posts
    4,047
    Quote Originally Posted by Shorin21 View Post
    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...

    thanks
    1st of. Don't ask cops for legal advice. They are legally allowed to lie to you.

    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.

  4. #4
    Banned
    Join Date
    Jun 2006
    Location
    Washington Island, across Death's Door, Wisconsin, USA
    Posts
    9,193
    Quote Originally Posted by Shorin21 View Post
    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.
    However much you may chafe at the law you must abide it.
    Quote Originally Posted by OCDO RULES
    (15) WE ADVOCATE FOR THE 'LAW-ABIDING' ONLY: Posts advocating illegal acts of any kind are NOT welcome here. Even if you feel that a law is unconstitutional we do not break it, we repeal it or defeat it in the courts.
    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.
    Quote Originally Posted by Shorin21 View Post
    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. thanks
    66.0404, of the Wisconsin state law, has five major sub-paragraphs. One says laws more stringent than state law may not be written by a municipality, but does not say what if such a law is written. Another paragraph says that an old law, written before such and such a date exists after such and such a date, then it may not be enforced. But again does not provide for enforcement.

    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.

  5. #5
    Regular Member
    Join Date
    Aug 2010
    Location
    Somewhere in the boonies
    Posts
    58
    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...

  6. #6
    Regular Member paul@paul-fisher.com's Avatar
    Join Date
    May 2009
    Location
    Chandler, AZ
    Posts
    4,047
    Quote Originally Posted by Shorin21 View Post
    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...
    OK. Doug is technically right. If the municipality has a law against OC, they can issue you a citation and all it entails. However, when/if it goes to court you should be able to get it throw out due to the preemption law.

    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.

  7. #7
    Founder's Club Member bnhcomputing's Avatar
    Join Date
    Dec 2007
    Location
    Wisconsin, USA
    Posts
    1,709
    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.

    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.

    66.0409(4)(a)
    (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.

    66.0409(4)(b)
    (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.
    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.

    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.

  8. #8
    Banned
    Join Date
    Jun 2006
    Location
    Washington Island, across Death's Door, Wisconsin, USA
    Posts
    9,193
    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
    http://en.wikipedia.org/wiki/Unknown_unknown and
    http://en.wikipedia.org/wiki/ZW_sex-...ination_system and
    I just burned my first MP3 CD, of Donald Rumsfeld on 'Unknown Unknowns'.
    Thanks.
    Last edited by Doug Huffman; 08-14-2010 at 12:21 PM.

  9. #9
    Founder's Club Member bnhcomputing's Avatar
    Join Date
    Dec 2007
    Location
    Wisconsin, USA
    Posts
    1,709
    Quote Originally Posted by Doug Huffman View Post
    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." [This is EXACTLY WHAT I INTENDED TO WRITE. THESE LOCAL (firearms restriction) 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
    http://en.wikipedia.org/wiki/Unknown_unknown and
    http://en.wikipedia.org/wiki/ZW_sex-...ination_system and
    I just burned my first MP3 CD, of Donald Rumsfeld on 'Unknown Unknowns'.
    Thanks.
    .

  10. #10
    Banned
    Join Date
    Jun 2006
    Location
    Washington Island, across Death's Door, Wisconsin, USA
    Posts
    9,193
    Thanks.

    I note, too, that you took off your WCI hat and put on your personal-corporate hat to make these statements.

  11. #11
    Regular Member paul@paul-fisher.com's Avatar
    Join Date
    May 2009
    Location
    Chandler, AZ
    Posts
    4,047
    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.

    http://www.jeffersoncountywi.gov/jc/...hp?page_id=586

  12. #12
    Regular Member
    Join Date
    Aug 2010
    Location
    Somewhere in the boonies
    Posts
    58
    Paul,

    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..

    thanks,

    JD

  13. #13
    Regular Member littlewolf's Avatar
    Join Date
    May 2010
    Location
    A, A
    Posts
    349
    Quote Originally Posted by Shorin21 View Post
    Paul,

    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..

    thanks,

    JD
    I found on the Jefferson Co website Ord .# 9.075 Carring a weapon in the Jefferson Court House.
    is prohibeted. But we already know that !!!! and it also states the State Law.
    Owner Little Wolf Firearms , US ARMY RETIRED 101st Airborne & 84th DIV TRNG Small arms instructor.
    Remember , Gun Control is " USING BOTH HANDS!"

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •