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Thread: City of Wauwatosa attorney pushing for gun ban in city buildings and hart park

  1. #1
    Regular Member BrewTownBagger's Avatar
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    City of Wauwatosa attorney pushing for gun ban in city buildings and hart park

    http://wauwatosa.patch.com/articles/...in-city-venues

    Looks like I'll be making trip to city hall.

  2. #2
    Regular Member 64Impala's Avatar
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    Doesn't state law preempt the ordinances that all these towns/cities are putting in place? Please correct me if I'm wrong here, but it seems to me that if a building isn't posted, it doesn't matter if there is an local ordinance or not. It would be unenforceable. Correct?
    Joe
    Brooklyn, WI
    supporting Member #123

  3. #3
    Regular Member MKEgal's Avatar
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    BTB: if I can make it to a meeting with you, I will. Let me know when/where.

    64: If a building is NOT posted, then anyone with a permit (or criminals, of course) can carry there.

    If a city posts a sign referencing its own ordinance, IMO it would probably be enforceable because it would have a gunbuster sign or say "no firearms", which is pretty much all the state law requires. Would be nice to get an opinion from an attorney on that point.

    I'd also like cities to understand that they're immune from liability if they allow the peaceful exercise of civil rights, but not if they ban it.

    ETA:
    And neither the Chief nor the city council understands the law as it is now.
    Right now, open carry is legal," Police Chief Barry Weber reminded a Common Council committee Tuesday night. "You could walk in here with a gun strapped to your leg."

    Currently, weapons are banned only in part of City Hall while Municipal Court is in session.


    And what a hypocrite!!!
    Weber had one final thought for the evening, speaking, he said, as someone who had been carrying a weapon for 39 years.

    "It's a travesty that in this country people don't feel safe unless they're carrying a weapon,"
    Last edited by MKEgal; 09-15-2011 at 10:00 AM.

  4. #4
    Wisconsin Carry, Inc. Shotgun's Avatar
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    If the police chief is quoted accurately (and I've been interviewed enough times to say "IF") then he's not current on the laws of the state. He's talking as if the current restrictions in government buildings are not still in effect.
    A. Gold

    Failure to comply may result in discipline up to and including termination.
    The free man is a warrior. - Nietzsche "Twilight of the Idols"

  5. #5
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by 64Impala View Post
    Doesn't state law preempt the ordinances that all these towns/cities are putting in place? Please correct me if I'm wrong here, but it seems to me that if a building isn't posted, it doesn't matter if there is an local ordinance or not. It would be unenforceable. Correct?
    Correct, the ordinance in of itself cannot be enforced due to preemption. However, with Act 35, they can post. I posted this on the WCI facebook page wondering if, since cities cannot enforce firearm bans due to preemption, but they can post a no guns sign, would that hold up in court since they are preempted from banning firearms?
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    It is disgusting how there are so many in our society who are completely brainwashed by the false sense of security that a "gun ban" provides them.

  7. #7
    Regular Member BrewTownBagger's Avatar
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    mkegal,

    The meeting is on September 27th, I will post the time once I know it.

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