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

64Impala

Regular Member
Joined
May 17, 2010
Messages
21
Location
brooklyn, wi
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?
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
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.
:banghead:

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:

Shotgun

Wisconsin Carry, Inc.
Joined
Aug 23, 2006
Messages
2,668
Location
Madison, Wisconsin, USA
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.
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
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?
 

bmwguy11

Regular Member
Joined
Aug 11, 2011
Messages
461
Location
wisconsin
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.
 
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