Going to Wausau? Friendiy to OC or not

[springfield 1911]

imported post

moved to park carry

 

[hunter9mm]

imported post

I found what I was thinking about in my earlier post, although I remembered it incorrectly...

this is an insert from the link below.

Note: A holster is not a legal carrying case unless it completely

encloses the handgun, so that no part of the handgun is visible.

(See full regulation here)

http://dnr.wi.gov/org/land/wildlife/regs/SGHunt09.pdf



So with that said, (I-ANAL) I would read this as you could consider "THE PROPER HOLSTER" a case for proper cased transport of a handgun.

 

[phred]

imported post

I should have known that too, thanks

 

[Interceptor_Knight]

imported post

hunter9mm wrote:

I found what I was thinking about in my earlier post, although I remembered it incorrectly...

this is an insert from the link below.

Note: A holster is not a legal carrying case unless it completely

encloses the handgun, so that no part of the handgun is visible.

(See full regulation here)

http://dnr.wi.gov/org/land/wildlife/regs/SGHunt09.pdf



So with that said, (I-ANAL) I would read this as you could consider "THE PROPER HOLSTER" a case for proper cased transport of a handgun.

The quote you have is not quite correct. You also do not have a link to the actual "regulation". The full "regulation" is found in WI Statute 167.31. The DNR dumbs down DNR AdministrativeCode (Found in NR 10) and WI State Statutes and places it in the little paper regulation pamphlets. .

The key word should be "exposed" and not "visible". The distinction would be for a transparent case. Fully enclosed yet visible. The notes are the way of making things easier for the ignorant masses to understand. Just as there is a note stating that a home made case is legal so long as it conforms to the definition found for "encased".

 

[Elysium]

imported post

Getting back to Wausau Carry.






[align=left]

Wausau Municipal Code 9 - 17 Chapter 9.08 WEAPONS Sections: 9.08.010 Discharging and carrying firearms and guns prohibited. 9.08.020 Throwing or shooting of arrows, stones, and other missiles prohibited.

[/align]
[align=left]9.08.010 Discharging and carrying firearms and guns prohibited. (a) No person, except a sheriff, constable, police officer, or their deputies, shall fire or discharge any firearm, rifle, bow, arrow, spear, spring or air gun of any description within the city or have any firearm, rifle, spring or air gun in his possession or under his control unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the common council, or the firing or discharging of BB guns upon private premises by persons over sixteen or under the direct personal supervision of a parent or guardian. Except as provided in part (b) below, this subsection shall be deemed to prohibit hunting within the city.

lol thanks I was lazy

[/align]

 

[tpos]

imported post

I would like to see it removed from the books and I would be willing to help to get it removed.

 

[Interceptor_Knight]

imported post

Fixed it for you......:dude:

W

ausau Municipal Code 9 - 17 Chapter 9.08 WEAPONS Sections: 9.08.010 Discharging and carrying firearms and guns prohibited. 9.08.020 Throwing or shooting of arrows, stones, and other missiles prohibited.

[align=left]9.08.010 Discharging and carrying firearms and guns prohibited. (a) No person, except a sheriff, constable, police officer, or their deputies, shall fire or discharge any firearm, rifle, bow, arrow, spear, spring or air gun of any description within the city or have any firearm, rifle, spring or air gun in his possession or under his control unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the common council, or the firing or discharging of BB guns upon private premises by persons over sixteen or under the direct personal supervision of a parent or guardian. Except as provided in part (b) below, this subsection shall be deemed to prohibit hunting within the city.

[/align]

 

[bnhcomputing]

imported post

tpos wrote:

I would like to see it removed from the books and I would be willing to help to get it removed.

Let's talk about this at the meet/greet on April 11.

 

[Elysium]

imported post

seems like we will have a good turn out.

So far:

Elysium

Tpos

Phred

Glock34

BnH

Hubert

am I missing anyone besides non forum members that may go?

should/did we start a new thread?

 

[GLOCK21GB]

imported post

Elysium wrote:

seems like we will have a good turn out.

So far:

Elysium

Tpos

Phred

Glock34

BnH

Hubert

am I missing anyone besides non forum members that may go?

should/did we start a new thread?

I can't make it on the 11th..previous plans..sorry

 

[Shotgun]

imported post

phred wrote:

This is quoted from the League of Wisconsin Municipalities

October 2009 Comment Municipalities Have Limited Authority to Regulate Firearms By Claire Silverman, Legal Counsel

"A municipal ordinance requiring that guns in municipal parks be unloaded and enclosed in a case is similar to the requirement in sec. 29.089. It is not more stringent because it does not attempt to impose additional regulations on guns possessed or controlled in state parks. Rather, it imposes regulations in municipal parks that are similar to regulations imposed by statute in state parks."

With all due respect to Ms Silverman, she is wrong in her analysis. Using Ms Silvermans reasoning, then municipalities could regulate the possession of firearms in privately owned buildings because, one would say it "imposes regulations in privately owned building that are similar to regulations imposed by statute in state buildings." If we simply substitute the word "building" for "park" the error of her thinking becomes clear.

Also, to repeat my previous criticism of the municipal park prohibition crowd, allowing local regulation of firearms in municipal parks goes contrary to the legislative intent of 66.0409, i.e., to abolish a patchwork of local firearms regulations.

I will be writing to Ms Silverman.

 

[430stage2]

unconstitutional ordinance

So am I to understand the Wausau police will give me a ticket if I open carry in Wausau due to :
9.08.010 Discharging and carrying firearms and guns prohibited.
Or has anything changed since the Supreme Court decision pertaining to Chicago
I live in Wausau and the last couple times I mowed my yard I was carrying a loaded XD45.
Rothschild and Schofield etc may be cooperative but I am not a LEO, do I carry and then go to court to get my gun back and cite 2nd amendment at that time? How can they make up an ordinance that is a against the constitution? What do we have to do to get this off the books?

 

[Doug Huffman]

So am I to understand the Wausau police will give me a ticket if I open carry in Wausau due to :
9.08.010 Discharging and carrying firearms and guns prohibited.

Not "will", but may. Because weapons may be involved, the LEO may escalate to a detention from a citation.

Or has anything changed since the Supreme Court decision pertaining to Chicago

Nothing has changed in the law or local ordinances since AND due to Heller or McDonald.

do I carry and then go to court to get my gun back and cite 2nd amendment at that time?

The Second Amendment has nothing to do with a forfeiture, that's the Fourth Amendment.

How can they make up an ordinance that is a against the constitution?

Because even now "reasonable regulation" is not an infringement according to SCOTUS.

What do we have to do to get this off the books?

Persuade your local Board to remove it. Get elected.

 

[bnhcomputing]

Although Doug is technically correct, what Doug fails to mention, is that state statute 66.0409 (enacted in 1995) preempts enforcement of local ordinances that a more stringent that state law.

I would stipulate that the local LEO KNOW they cannot enforce local ordinances pertaining to firearms ownership and possession in WI. I personally have carried several times in Wausau without incident.

Does that mean you won't be hassled, NO, but to my knowledge, there hasn't been a single instance of a disorderly conduct charge, or local firearms ordinance violation charge since the AG's memo in April of 2009.

Read up, Load up, Holster up, and Carry On

 

[Doug Huffman]

Although Doug is technically correct, what Doug fails to mention, is that state statute 66.0409 (enacted in 1995) preempts enforcement of local ordinances that a more stringent that state law.

I did not mention § 66.0409 as "preempt[ing] enforcement" because that is not true of any part of § 66.0409 EXCEPT § 66.0409(4)(b).

§ 66.0409(4)(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.

§ 66.0409 in large part preempts firearms ordinances by municipalities but does not disallow enforcement except as above.