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!
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!