imported post
UPDATE: http://www.greenbaypressgazette.com/article/20090805/GPG0101/908050617/1978
De Pere allows open guns, some hunting near river
By Patti Zarling • Pzarling@greenbaypressgazette.com • August 5, 2009 DE PERE —
It soon will be legal to openly carry a firearm in most of the city, as well as hunt waterfowl in certain areas near the Fox River.
The City Council on Tuesday reached a tie vote on two changes to its ordinance concerning firearms, with Mayor Mike Walsh breaking the tie by voting in favor of both.
One allows people to openly carry firearms in most parts of the city. Previously, it was against the law to carry a gun in the city unless you had a permit to hunt nuisance animals or to hunt migratory birds and waterfowl in certain parts of the city.
The city made the move to allow the open carry of firearms to conform to a memorandum from state Attorney General J. B. Van Hollen to district attorneys in spring saying the state constitution gives people the right to keep and bear arms.
Some council members criticized the idea.
"I have a lot of trouble with people being able to walk around this city with a loaded weapon," Alderman Paul Kegel said.
Alderman Carl Castelic agreed.
"No one should have the right to carry a loaded gun down the street," he said. "It's just not safe, no matter what the (National Rifle Association ) says. It doesn't make any sense to me."
Walsh, too, expressed concern about people carrying firearms, but said he felt the city has no choice but to conform to the state ruling.
The council focused most of its discussion Tuesday on whether to allow the hunting of waterfowl in areas along the Fox River.
The city adopted a rule in the 1970s to accommodate hunting in a small portion of the southwest corner of De Pere. Tom Olejniczak, who's lived on Fox Ridge Court since 1979, told the council he's hunted ducks from the Fox River for decades with no problems and no complaints from neighbors.
He further emphasized people can hunt from the east side of the river across from his property. That area lies in the town of Ledgeview. And the town of Lawrence allows hunting along the river south of De Pere.
The council agreed to allow waterfowl hunting in portions of De Pere adjacent to unincorporated areas that allow hunting. Those unincorporated areas likely are to be annexed in the future, and then hunting would fade out, they said.
The ordinance changes must go through a second reading before becoming official.
----
As I've done for both Green Bay and Ashwaubenon, I read the City of De Pere's municipal codes. And not only does it ban the carrying of firearms, they specifically ban the OPEN carry of loaded firearms. Clearly this is unlawful, and so I've written the Mayor and entire counsel. The Ordinance is below:
If you live in or around De Pere, please write the City about this obviously unlawful local law. In a related story, I OC'd in the De Pere Walmart this evening and no one said boo.
UPDATE: http://www.greenbaypressgazette.com/article/20090805/GPG0101/908050617/1978
De Pere allows open guns, some hunting near river
By Patti Zarling • Pzarling@greenbaypressgazette.com • August 5, 2009 DE PERE —
It soon will be legal to openly carry a firearm in most of the city, as well as hunt waterfowl in certain areas near the Fox River.
The City Council on Tuesday reached a tie vote on two changes to its ordinance concerning firearms, with Mayor Mike Walsh breaking the tie by voting in favor of both.
One allows people to openly carry firearms in most parts of the city. Previously, it was against the law to carry a gun in the city unless you had a permit to hunt nuisance animals or to hunt migratory birds and waterfowl in certain parts of the city.
The city made the move to allow the open carry of firearms to conform to a memorandum from state Attorney General J. B. Van Hollen to district attorneys in spring saying the state constitution gives people the right to keep and bear arms.
Some council members criticized the idea.
"I have a lot of trouble with people being able to walk around this city with a loaded weapon," Alderman Paul Kegel said.
Alderman Carl Castelic agreed.
"No one should have the right to carry a loaded gun down the street," he said. "It's just not safe, no matter what the (National Rifle Association ) says. It doesn't make any sense to me."
Walsh, too, expressed concern about people carrying firearms, but said he felt the city has no choice but to conform to the state ruling.
The council focused most of its discussion Tuesday on whether to allow the hunting of waterfowl in areas along the Fox River.
The city adopted a rule in the 1970s to accommodate hunting in a small portion of the southwest corner of De Pere. Tom Olejniczak, who's lived on Fox Ridge Court since 1979, told the council he's hunted ducks from the Fox River for decades with no problems and no complaints from neighbors.
He further emphasized people can hunt from the east side of the river across from his property. That area lies in the town of Ledgeview. And the town of Lawrence allows hunting along the river south of De Pere.
The council agreed to allow waterfowl hunting in portions of De Pere adjacent to unincorporated areas that allow hunting. Those unincorporated areas likely are to be annexed in the future, and then hunting would fade out, they said.
The ordinance changes must go through a second reading before becoming official.
----
As I've done for both Green Bay and Ashwaubenon, I read the City of De Pere's municipal codes. And not only does it ban the carrying of firearms, they specifically ban the OPEN carry of loaded firearms. Clearly this is unlawful, and so I've written the Mayor and entire counsel. The Ordinance is below:
Sec. 142-2. Loading and discharge of weapons. (a) No person shall carry or have under his control any firearm, air rifle, pellet gun, BB gun, slingshot or other weapon that projects any type of missile in public while such weapon is loaded or uncased or uncovered. (b) No person shall discharge, or cause to be discharged, any weapon within the city limits as defined in this section, except as provided: (1) For use in the hunting of migratory birds and waterfowl in that portion of the Fox River south of the south city limits on the east side and south of the south curbline of Belle Avenue on the west side in accordance with state regulations. (2) For the purpose of elimination of animals, as authorized by the department of natural resources and the De Pere Police Department, and such decision may be appealed to the common council. (Code 1974, § 41.02; Ord. No. 02-04, §§ 1, 2-20-2002)
If you live in or around De Pere, please write the City about this obviously unlawful local law. In a related story, I OC'd in the De Pere Walmart this evening and no one said boo.