Results 1 to 9 of 9

Thread: Eau Claire Wi prohibits open carry

  1. #1
    Regular Member
    Join Date
    Oct 2011
    Location
    Durand
    Posts
    1

    Eau Claire Wi prohibits open carry

    Greetings...I'm new to the forums and this is my first post.

    I was going through Eau Claire's ordinances, and first, I must state, I'm not a lawyer.

    That being said, ordinance 9.32.040 F states the following:

    "No person, except a law enforcement officer, may carry a firearm on any city street, sidewalk, alley or other city property (other than locations prohibited under this section), unless it is unloaded and enclosed in a carrying case."

    This seems to go against state statute 66.0409 , which states:

    "Except as provided in subs. (3) and (4), no political subdivision may
    enact an ordinance or adopt a resolution that regulates the sale, purchase,
    purchase delay, transfer, ownership, use, keeping, possession, bearing,
    transportation, licensing, permitting, registration or taxation of any
    firearm or part of a firearm, including ammunition and reloader components,
    unless the ordinance or resolution is the same as or similar to, and no more
    stringent than, a state statute."

    So, am I correct here in seeing that the City of Eau Claire is more restrictive than state statute with this ordinance, or am I missing some context clues?

    I have contacted the president of the city council, who forwarded it on to the city attorney, Steve Nick, who stated that the ordinance is in full compliance with state statute.

    I have also talked with local police officers and they have stated that the ordinance is unenforceable.

    Which is it?

    Thanks, and what a great resource here at opencarry.org!

  2. #2
    Regular Member
    Join Date
    Dec 2010
    Location
    Neenah, WI
    Posts
    50
    Welcome! IANAL, but I would agree with the police officers. The state law you quoted applies. Another reason is that if the officer thinks its unenforceable, its not going to be enforced.

    Carry on!
    Carry: XD .40 4"

  3. #3
    Regular Member oak1971's Avatar
    Join Date
    Jun 2008
    Location
    Wisconsin, USA
    Posts
    1,937
    My inexpert opinion is that they will have a lawsuit-legal challenge on their hands. They will lose.
    In God I trust. Everyone else needs to keep your hands where I can see them.

  4. #4
    Wisconsin Carry, Inc. Shotgun's Avatar
    Join Date
    Aug 2006
    Location
    Madison, Wisconsin, USA
    Posts
    2,668
    When I researched the 40 largest cities in Wisconsin a couple of years ago I found that about half of them had similar ordinances. I doubt many, if any, have removed that language since then. I wouldn't worry about it, it's not enforceable.
    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
    Regular Member BROKENSPROKET's Avatar
    Join Date
    Jan 2010
    Location
    Trempealeau County
    Posts
    2,187
    I am from Eau Claire and hosted the Open Carry Picnic in Eau Claire in 2010 and I will tell you that ordinance is not be enforced and will not be enofrced. Dozens of people Open carry in Eau Claire on a dialy basis. No one has had any trouble since Lance Galloway. I and several others have OC'd in the presense of LEO's without any issue.

  6. #6
    Regular Member AaronS's Avatar
    Join Date
    May 2009
    Location
    Milwaukee, Wisconsin, USA
    Posts
    1,497
    Quote Originally Posted by BROKENSPROKET View Post
    I am from Eau Claire and hosted the Open Carry Picnic in Eau Claire in 2010 and I will tell you that ordinance is not be enforced and will not be enofrced. Dozens of people Open carry in Eau Claire on a dialy basis. No one has had any trouble since Lance Galloway. I and several others have OC'd in the presense of LEO's without any issue.
    Please don't get me wrong, but if your local area has some "unenforced" or even better still "unenforceable" law on it's books, why not work yo see it changed or removed?
    If open carry is accepted by "the powers that be" in Eau Claire, why the hard time removing the bad old law?

  7. #7
    Wisconsin Carry, Inc. Shotgun's Avatar
    Join Date
    Aug 2006
    Location
    Madison, Wisconsin, USA
    Posts
    2,668
    Quote Originally Posted by AaronS View Post
    Please don't get me wrong, but if your local area has some "unenforced" or even better still "unenforceable" law on it's books, why not work yo see it changed or removed?
    If open carry is accepted by "the powers that be" in Eau Claire, why the hard time removing the bad old law?
    I've asked that question a number of times in Madison and generally get very little response. My impression? I think part of it is that many city council members are hoping that preemption will go away someday and they'll be able to start enforcing those anti-gun ordinances once again without having to pass them again. I think the other part is that anti-gun people simply cannot bring themselves to cast any vote favorable to gun rights, even if that vote is more symbolic in its effect than real.
    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"

  8. #8
    Regular Member BROKENSPROKET's Avatar
    Join Date
    Jan 2010
    Location
    Trempealeau County
    Posts
    2,187
    Quote Originally Posted by AaronS View Post
    Please don't get me wrong, but if your local area has some "unenforced" or even better still "unenforceable" law on it's books, why not work yo see it changed or removed?
    If open carry is accepted by "the powers that be" in Eau Claire, why the hard time removing the bad old law?
    I grew up in and lived in Eau Claire until 1991. I have lived 30 minutes south of Eau Claire since. I am not a constituent. We did have a petition to have it repealed at the OC Picnic and that got handed off to residents of Eau Claire. I don't know what happened with the effort after that. The county that I have lived in for the past 20 years, removed every single firearm ordinance when 66.0409 was passed and pressured every municipality in the county to do so aswell. State Statutes is all they enforce is this county when it comes to firearms violations.
    Last edited by BROKENSPROKET; 10-31-2011 at 02:55 AM.

  9. #9
    Regular Member
    Join Date
    Aug 2011
    Location
    wisconsin
    Posts
    461
    If they say it's within compliance of state law, ask them what statute. Since pre-emption says they can't have anything more restrictive than state law, have them cite the state law that bans open carry on city streets etc.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •