66.0409 Local regulation of firearms. (1) In this section
a) “Firearm” has the meaning given in s. 167.31 (1) (c).
(b) “Political subdivision” means a city, village, town or
county.
(c) “Sport shooting range” means an area designed and operated
for the practice of weapons used in hunting, skeet shooting
and similar sport shooting.
(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 legal
effect 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.
(5) A county ordinance that is enacted or a county resolutionthat is adopted by a county under sub. (2) or a county ordinance
or resolution that remains in effect under sub. (4) (a) or (am)
applies only in those towns in the county that have not enacted an
ordinance or adopted a resolution under sub. (2) or that continue
to enforce an ordinance or resolution under sub. (4) (a) or (am),
except that this subsection does not apply to a sales or use tax that
is imposed under subch. V of ch. 77.
(6) Unless other facts and circumstances that indicate a criminal
or malicious intent on the part of the person apply, no person
may be in violation of, or be charged with a violation of, an ordinance
of a political subdivision relating to disorderly conduct or
other inappropriate behavior for loading, carrying, or going armed
with a firearm, without regard to whether the firearm is loaded or
is concealed or openly carried. Any ordinance in violation of this
subsection does not apply and may not be enforced.
History: 1995 a. 72; 1999 a. 150 s. 260; Stats. 1999 s. 66.0409; 2011 a. 35.
This section does not prohibit municipalities from enacting and enforcing zoning
ordinances that apply to sport shooting ranges. Town of Avon v. Oliver, 2002 WI App
97, 253 Wis. 2d 647, 644 N.W.2d 260, 01−1851.
