Hometown law still states no firearms, period

Ericy321 said:

Havent posted much on here, mostly just reading around with stories in the state. I live in Menomonee Falls (North of Milwaukee) and have asked a couple police officers along with checking the laws in the village and the policy is strictly no firearms. Now clearly, this is a violation of my rights. What is recomended as far as possibly trying to OC at a local business or out on a walk? I have read countless stories about being approached by the police and feel comfortable if that were to happen. I just also feel that if there were a complaint, I would be held at gunpoint and forced to the ground immediately. Please advise. Thanks in advance!

Click to expand...

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.

http://www.wisconsincarry.org/pdf/FinalOpenCarryMemo.pdf is the Attorney General memo.

--
Paul L Fisher

Click to expand...

Sec. 62-87. Possession and carrying.
No person shall carry or have in his possession at any time within the village any weapon as defined in section 62-86 unless it is unloaded and knocked down or unloaded and enclosed within a carrying case or other suitable container except as follows:
(1) A duly authorized peace officer;
(2) Within a private residence;
(3) Within a supervised rifle, pistol, trap, skeet or archery range authorized by the village board;
(4) When used while hunting as defined in section 62-91.
(5) A private security person, as defined in Wis. Stats. § 440.26(1m), who meets all of the requirements as outlined under Wis. Stats. § 167.31(4)(a)4, and the Wis. Admin. Code § RL 34.01(1).
(Code 1963, § 10.02(2)(b); Ord. No. 13-O-98, § 1, 7-20-98)
State law references: Carrying concealed weapon, Wis. Stats. § 941.23.

Click to expand...

Sec. 62-86. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Weapons means and includes all instruments and devices used for the purpose of propelling bullets, shot, arrows or other missiles, either by explosion, compression, tension, gas, spring or any other means, and shall include, without limitation for lack of specific enumeration, all forms of guns, rifles, air rifles and air guns, revolvers, bows and arrows, slingshots and other similar type of equipment or device capable of propelling such bullets, shot, arrows or missiles through the air by reason of discharge therefrom.
(Code 1963, § 10.02(2)(a))
Cross references: Definitions generally, § 1-2.

Click to expand...

(g) Use of firearms and fireworks; hunting with bow and arrow; trapping. No person shall carry, fire or discharge any gun, pistol, firearm, bow and arrow, nor any rocket, torpedo or any other fireworks of any description; nor shall any person engage in trapping; nor shall any person hunt with bow and arrow within any park or parkway except upon written permit. The word "gun" shall include air guns.

Click to expand...

(g) Use of firearms and fireworks; hunting with bow and arrow; trapping. No person shall fire or discharge any gun, pistol, firearm, bow and arrow, nor any rocket, torpedo or any other fireworks of any description; nor shall any person engage in trapping; nor shall any person hunt with bow and arrow within any park or parkway except upon written permit. The word "gun" shall include air guns.

Click to expand...

Ericy321 said:

Thanks much for the support. I will do exactly that. I have been in Menards and Fleet Farm many times and never thought to carry there. I am going to get the school zones around here figured out for public property and then go for it.

Click to expand...

paul@paul-fisher.com said:

(g) Use of firearms and fireworks; hunting with bow and arrow; trapping. No person shall fire or discharge any gun, pistol, firearm,

Click to expand...

MKEgal said:

I'd really like to see something in there about "except in self-defense, as defined in WI Statute XXX.XX".

Click to expand...

Brass Magnet said:

I'm not sure it's really necessary being that claiming the privilege of self defense should forgive the discharge.

Click to expand...