I saw in the newspaper an issue with one of your residents and the chief of police regarding his right to open carry in public.
You need to consult with your corporation counsel to verify this, however, your resident is right. The state of Wisconsin does not allow any municipality to have a more restrictive firearm law than the state. In most cases, the only thing a municipality can regulate is the discharge of a firearm. The carrying of the firearm is the pervue of the state.
State statute 66.0409 is the statute that relates to preemption.
In addition, the attorney general of the state of WI has issued a memo that declares that solely openly carrying a weapon does not rise to the level of disorderly conduct. If a person is walking down the street with a properly holstered weapon and is doing nothing illegal, even if the police get a man with a gun call, the police cannot even stop and question the person with a gun unless the police believe that the person has or is about to commit a crime, and, by the way, open carrying the gun isn't a crime so that can't be used.
Specifically, you need to change your ordinance 9.24.010 Discharging of firearms restricted. No person except a sheriff, constable, police officer or their deputies shall fire or discharge any firearm, rifle, spring or air gun within any residential zoned district in the town or have any firearm, rifle, spring or air gun in his possession or under his control unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container.
(Prior code § 9.02)
If you remove the words "firearm, rifle," from the part highlighted, I believe your ordinance will be brought into compliance.
Please take this seriously. Other municipalities have been found civilly liable for enforcing unenforceable laws.
If I can be of any assistance in this matter, please let me know. I worked with the City of Elkhorn and got their ordinance re-worded.
is the Attorney General memo.
Paul L Fisher