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Thread: Suggestion for an additional map.

  1. #1
    Regular Member thx997303's Avatar
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    Suggestion for an additional map.

    I would like to propose that a map of which states have pre-emption laws be added to the maps area of Opencarry.org.

    It seems to me that this little bit of information would be very helpful to anyone who is questioning whether a local ordinance is valid or not per state law.

  2. #2
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    The law abides only the law abiding.

    Unfortunately the devil is in the details that we non-attorneys can't even know. They depend on the jurisdiction and the words to give "valid or not per state law" teeth. In the case of Wisconsin, the general paragraph (2) prohibition (copied below with link URL to the chapter entire) is toothless and only the specific prohibition of grandfathered ordinances has teeth of "no legal effect" and "may not enforce".

    Certainly the words are clear to us, and some Wisconsin municipalities are moving to rescind but a town cop may still cite for an evidently preempted ordinance to the citizens jeopardy.

    I would think such a map needs some words of explanation and caution. Someone else here very wisely said "Citizens are not required to know the law but only to pay the penalties." I would submit that a similar gulf exists between state statutes and local ordinances as between state statutes and The Constitution of The United States (and between COTUS and natural law) and no one would be foolish enough to flaunt the Constitution to a state cop. The law abides only the law abiding.

    http://www.legis.state.wi.us/statutes/Stat0066.pdf
    Quote Originally Posted by Wisconsin Statutes, Chapter 66, General Municipality Law
    § 66.0409 Local regulation of firearms.
    [ ... ]
    (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.
    [ ... ]
    (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.

  3. #3
    Regular Member rodbender's Avatar
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    Quote Originally Posted by Doug Huffman View Post
    In the case of Wisconsin, the general paragraph (2) prohibition (copied below with link URL to the chapter entire) is toothless and only the specific prohibition of grandfathered ordinances has teeth of "no legal effect" and "may not enforce".
    Never mind.
    Last edited by rodbender; 08-18-2010 at 05:55 PM.

  4. #4
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    Quote Originally Posted by thx997303 View Post
    I would like to propose that a map of which states have pre-emption laws be added to the maps area of Opencarry.org.

    It seems to me that this little bit of information would be very helpful to anyone who is questioning whether a local ordinance is valid or not per state law.
    Good idea. Of course, State differences can be handled in a way similar to how those differences are handled on other maps.

  5. #5
    Regular Member 1245A Defender's Avatar
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    its on OCDO!

    go to OCDO maps, open carry map, click a state for state info.
    there is a line for preemption in each states info.
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  6. #6
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    That would require one to click on every one of the 50 States and DC to find out about all. A single color-coded map could convey that information in a single click.

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