paul@paul-fisher.com
Regular Member
After Walworth County voted to pass an ordinance mandating the posting of buildings, I came up with an idea. Please tell me if I wrong.
Here is the statute:
Since the state has no statute that posts buildings, isn't the act of the local government in violation of this?
The way I read it, the only way a local government can post is to do it without a statute or resolution. That means, at least in most local governments, it can't be done.
I understand that each local government would have to be sued individually but if one or two were sucessful, especially if we were to pick the Cities of Milwaukee and Madison, we could use that as further ammunition in our local fights.
Please feel free to shoot holes in this.
Here is the statute:
66.0409(2)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.
(3) (a) Nothing in this section prohibits a county from imposing a sales tax or use tax under subch. V of ch. 77 on any firearm or part of a firearm, including ammunition and reloader components, sold in the county. (b) Nothing in this section prohibits a city, village or town that is authorized to exercise village powers under s. 60.22 (3) from enacting an ordinance or adopting a resolution that restricts the discharge of a firearm. Any ordinance or resolution that restricts the discharge of a firearm does not apply and may not be enforced if the actor’s conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s.939.45.
(4) (a) Nothing in this section prohibits a political subdivision from continuing to enforce an ordinance or resolution that is in effect on November 18, 1995, and that regulates the sale, purchase, 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, if the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute. (am) Nothing in this section prohibits a political subdivision from continuing to enforce until November 30, 1998, an ordinance or resolution that is in effect on November 18, 1995, and that requires a waiting period of not more than 7 days for the purchase of a handgun. (b) If a political subdivision has in effect on November 17, 1995, an ordinance or resolution that regulates the sale, purchase, 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, and the ordinance or resolution is not the same as or similar to a state statute, the ordinance or resolution shall have no legaleffect and the political subdivision may not enforce the ordinance or resolution on or after November 18, 1995. (c) Nothing in this section prohibits a political subdivision from enacting and enforcing a zoning ordinance that regulates the new construction of a sport shooting range or when the expansion of an existing sport shooting range would impact public health and safety.
Since the state has no statute that posts buildings, isn't the act of the local government in violation of this?
The way I read it, the only way a local government can post is to do it without a statute or resolution. That means, at least in most local governments, it can't be done.
I understand that each local government would have to be sued individually but if one or two were sucessful, especially if we were to pick the Cities of Milwaukee and Madison, we could use that as further ammunition in our local fights.
Please feel free to shoot holes in this.
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