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Thread: Exisiting County and City Park Bans

  1. #1
    Regular Member BROKENSPROKET's Avatar
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    Exisiting County and City Park Bans

    It has been talked about on here quite a bit in the past about how they are in violation of 66.0409. If it was not clear enough to us already, the point should be very clear under SB93. While the State will now allow handugns to be carried in state parks with a permit, it also prohibits Counties, Cities, Villages, Townships from probiting handguns in thier parks.

    If is was not clear enough for the League of Municipalities before, it should be definitive now.

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    Regular Member hardballer's Avatar
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    Thank you Brokensproket...
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    Campaign Veteran rcawdor57's Avatar
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    Thumbs up Yes! Thank You!

    Well said!
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    Reference

    What is the reference for that? I would like to pass it along to the local parks department.

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    Wisconsin Carry, Inc. Shotgun's Avatar
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    Well they might still believe that they can prohibit firearms in parks by non-permitted people.

    But here's the language that allows permit-holding people to have handguns in state parks:

    29.089 (2) of the statutes is renumbered
    29.089 (2) (intro.) and amended to read:
    29.089 (2) (intro.) Except as provided in sub. (3), no
    person may have in his or her possession or under his or
    her control a firearm on land located in state parks or state
    fish hatcheries unless the firearm is unloaded and
    enclosed within a carrying case. This subsection does not
    apply to any of the following:

    ....29.089 (2) (d) A licensee, as defined in s. 175.60 (1)
    (d), or an out−of−state licensee, as defined in s. 175.60 (1)
    (g), if the firearm is a handgun, as defined in s. 175.60 (1)
    (bm).
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    Founder's Club Member Brass Magnet's Avatar
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    Has anyone thought about getting a legislator to introduce some "teeth" to 66.0409? Something to keep tyrants like Soglin at bay?
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    Regular Member BROKENSPROKET's Avatar
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    Quote Originally Posted by Brass Magnet View Post
    Has anyone thought about getting a legislator to introduce some "teeth" to 66.0409? Something to keep tyrants like Soglin at bay?
    I think that it should be taken up by the co-sponosrs of SB93, not just one. We can work on Galloway over the summer.

    I want it to go so far, that it forces counties and cities to remove all the unenforcable ordinances that have been left on the books just because they are not being enforced.

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    Regular Member xenophon's Avatar
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    Quote Originally Posted by Shotgun View Post
    Well they might still believe that they can prohibit firearms in parks by non-permitted people.

    But here's the language that allows permit-holding people to have handguns in state parks:

    29.089 (2) of the statutes is renumbered
    29.089 (2) (intro.) and amended to read:
    29.089 (2) (intro.) Except as provided in sub. (3), no
    person may have in his or her possession or under his or
    her control a firearm on land located in state parks or state
    fish hatcheries unless the firearm is unloaded and
    enclosed within a carrying case. This subsection does not
    apply to any of the following:

    ....29.089 (2) (d) A licensee, as defined in s. 175.60 (1)
    (d), or an out−of−state licensee, as defined in s. 175.60 (1)
    (g), if the firearm is a handgun, as defined in s. 175.60 (1)
    (bm).




    If it's a handgun, permit or not, it's gtg, is my read on that.

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Shotgun
    29.089 (2) Except as provided in sub. (3), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case.

    This subsection does not apply to any of the following:
    ....29.089 (2) (d) A licensee,... an out−of−state licensee,... if the firearm is a handgun...
    Quote Originally Posted by xenophon
    If it's a handgun, permit or not, it's gtg, is my read on that.
    No, firearms are still prohibited unless:
    a1) it's a handgun
    a2) in possession of a licensee
    OR
    b) unloaded & encased
    Last edited by MKEgal; 06-27-2011 at 04:35 PM.
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    Regular Member BROKENSPROKET's Avatar
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    Quote Originally Posted by MKEgal View Post
    No, firearms are still prohibited unless:
    a) it's a handgun
    b) in possession of a licensee
    In State Parks.

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    To be honest, I don't think we'll be able to get anything changed until next year, or maybe even next legislative season (2013-2014?), and that is if we keep the majorities and governors mansion.
    Won't hurt to try though.

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    Regular Member BROKENSPROKET's Avatar
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    Quote Originally Posted by rcav8r View Post
    To be honest, I don't think we'll be able to get anything changed until next year, or maybe even next legislative season (2013-2014?), and that is if we keep the majorities and governors mansion.
    Won't hurt to try though.
    OR it can be a civil lawsuit. Who wants to join me in Portage County for a samll Open Carry Picnic?

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    Regular Member oliverclotheshoff's Avatar
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    Quote Originally Posted by BROKENSPROKET View Post
    OR it can be a civil lawsuit. Who wants to join me in Portage County for a samll Open Carry Picnic?
    a little to far for me
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    Quote Originally Posted by xenophon View Post
    [/B]



    If it's a handgun, permit or not, it's gtg, is my read on that.

    The formatting is goofing you up. That's one long clause, not 2 separate pieces of code.

    You're reading it as:
    ...does not apply:
    - to a licensee or out of state licensee
    or
    - if the firearm is a handgun as defined .....

    That's not the wording, it's all 1 statute...
    29.089 (2) (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the firearm is a handgun, as defined in s. 175.60 (1) (bm).
    It doesn't apply "to a licensee or out of state licensee if the firearm is a handgun"

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    Regular Member grinner's Avatar
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    Quote Originally Posted by Teej View Post
    It doesn't apply "to a licensee or out of state licensee if the firearm is a handgun"
    Correct.

    The "any of the following" was referring to subs (a), (b), (c), etc. This is a single exception to the rule, (d). Permit required.

  16. #16
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Shotgun
    Well they might still believe that they can prohibit firearms in parks by non-permitted people.
    Quote Originally Posted by BROKENSPROKET
    In State Parks.
    The preemption statute says that local gov't can't have a law that's more restrictive than state law.
    So as Auric says, a locality may still decide that it can ban non-licensees from carrying in a local park,
    just like the state bans them from a state park.

    I can see a judge reading the law that way.

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    Campaign Veteran Flipper's Avatar
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    Quote Originally Posted by Brass Magnet View Post
    Edited Quote: Has anyone thought about getting a legislator to introduce some "teeth" to 66.0409? Something to keep tyrants like [draft dodging] Soglin at bay?
    Hope you don't mine the edit. Solgin is considered a hero in Madison, hiding out and living the good life there while [mostly poor] Americans were dying. He's a perfect example along with Barrett, Doyle, Flynn and Jeri B. of an anti-Constitutional elitist. Well maybe not Jeri B., she's in it for the $$$$.
    When in danger you can dial 911 and hope for the police to arrive a few minutes later armed with guns.
    Why do police carry guns?

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    Founder's Club Member Brass Magnet's Avatar
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    Quote Originally Posted by Flipper View Post
    Hope you don't mine the edit. Solgin is considered a hero in Madison, hiding out and living the good life there while [mostly poor] Americans were dying. He's a perfect example along with Barrett, Doyle, Flynn and Jeri B. of an anti-Constitutional elitist. Well maybe not Jeri B., she's in it for the $$$$.
    Yeah, I do kind of mind the edit. At least take my name off of the quote.

    Not that Soglin isn't a piece of garbage for any number of reasons but I'm not so sure the draft doesn't violate the constitutional prohibition of involuntary servitude. Not only that but it makes for a worse military than an all volunteer force. I'm anti-draft.
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    Regular Member xenophon's Avatar
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    Quote Originally Posted by Teej View Post
    The formatting is goofing you up. That's one long clause, not 2 separate pieces of code.

    You're reading it as:
    ...does not apply:
    - to a licensee or out of state licensee
    or
    - if the firearm is a handgun as defined .....

    That's not the wording, it's all 1 statute...


    It doesn't apply "to a licensee or out of state licensee if the firearm is a handgun"
    Damn wording, that for clearing it up. AND vs OR is a big difference.

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