J.Gleason
Banned
imported post
Here is the reply I received from my email to the President of the GB City Council:
Re: Fire arms ordinance in City Parks From: Chris Wery (cwery1@new.rr.com) Sent: Sun 8/30/09 9:32 PM To: James Gleason (j.gleason@hotmail.com) .
Mr Gleason, Thanks for the email. I agree.
Alderman Chris Wery
Green Bay City Council President
cwery1@new.rr.com
920-490-9282
http://c.wery.tripod.com
Here is the reply I received from my email to the President of the GB City Council:
Re: Fire arms ordinance in City Parks From: Chris Wery (cwery1@new.rr.com) Sent: Sun 8/30/09 9:32 PM To: James Gleason (j.gleason@hotmail.com) .
Mr Gleason, Thanks for the email. I agree.
Alderman Chris Wery
Green Bay City Council President
cwery1@new.rr.com
920-490-9282
http://c.wery.tripod.com
----- Original Message ----- From: James Gleason To: cwery1@new.rr.com ; guyzima1@yahoo.com ; vanderleey@hotmail.com ; tweber@new.rr.com ; cjeffreys@new.rr.com ; district6@ci.green-bay.wi.us ; tonytheisen@netzero.com ; dewanes15@tds.net Sent: Wednesday, August 26, 2009 9:25 AM Subject: Fire arms ordinance in City Parks
August 26, 2009
Councilman Wery,
I am contacting you in regards to the recent City Parks Commission decision to call on the City Council in regards to prohibition of fire arms in city parks. While some council member's email is not available, I would request that you pas this information on to those members as necessary.
As the City Parks Commission is forming conclusion through incomplete information as given by the City Attorneys, I would like to bring some facts to your attention in an effort to save the City of Green bay a great deal of hardship and grief over an ordinance which would not be enforceable.
Passing a prohibition of fire arms in City Parks would not only infringe on an individual’s 2[sup]nd[/sup] Amendment Rights, in both the state and U.S. Constitutions, it would also violate the state pre-emptive statute.
Before attempting to enact such a pre-empted ordinance, the City Council should bring their attention to two court cases concerning this issue. Namely, State vs Hamdan and State vs Vegas, in which the court decided in both cases that the right to bear arms for security , self defense and other lawful purposes is supported and legal under the State and U.S. Constitutions
State Statute 66.0409 reads:
66.0409 Local regulation of firearms. (1)
“Firearm” has the meaning given in s. 167.31 (1) (c).
“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.
(4) [size=(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.
[b]Updated 07−08 Wis. Stats. Database 40][/b]
66.0409 MUNICIPAL LAW Not certified under s. 35.18 (2), stats.
Text from the 2007−08 Wis. Stats. database updated by the Legislative Reference Bureau. Only printed statutes are certified
under s. 35.18 (2), stats. Statutory changes effective prior to 9−1−09 are printed as if currently in effect. Statutory changes effective
on or after 9−1−09 are designated by NOTES. Report errors at (608) 266−3561, FAX 264−6948, http://www.legis.
state.wi.us/rsb/stats.html
(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 resolution
that 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.
History1995 a. 72; 1999 a. 150 s. 260; Stats. 1999 s. 66.0409.
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
Where as, an ordinance created or enforced to prohibit fire arms in City Parks would be in violation of State Statute 66.0409 in that creating a prohibition in City level parks would create a greater area of prohibition the at the State Park level.
Since there are more City Parks then state parks the area of restriction becomes greater, therefore being more stringent then the State Statute prohibiting fire arms in state parks.
An excellent example would be the City of Sheboygan. The City of Sheboygan hosts Kohler Andre State Park. Within that state park the city can enforce the fire arms restriction in accordance with state law.
However, any fire arms restrictions within the city parks is pre-empted by state statute 66.0409 and can not be enforced.
Therefore, any ordinance created by the Green Bay City Council would violate the state pre-emptive statute 66.0409 and would not be enforceable.
Enforcement of such a pre-empted ordinance would bring civil suit against the City of Green Bay and the officers and department enforcing such ordinance.
Can the City of Green Bay afford such a suit?
The U.S.Code reads,
TITLE 42 > CHAPTER 21 > SUBCHAPTER I > §1983
Prev | Next
§1983. Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
Again, enforcing an individual’s right to bear arms.
I would sincerely hope that the City Council will consider these facts before creating or enforcing an ordinance which would violate State Statute 66.0409 or an individual’s Constitutional Rights.
I sincerely thank you for your consideration in this matter and eagerly wait your reply.
James Gleason
August 26, 2009
Councilman Wery,
I am contacting you in regards to the recent City Parks Commission decision to call on the City Council in regards to prohibition of fire arms in city parks. While some council member's email is not available, I would request that you pas this information on to those members as necessary.
As the City Parks Commission is forming conclusion through incomplete information as given by the City Attorneys, I would like to bring some facts to your attention in an effort to save the City of Green bay a great deal of hardship and grief over an ordinance which would not be enforceable.
Passing a prohibition of fire arms in City Parks would not only infringe on an individual’s 2[sup]nd[/sup] Amendment Rights, in both the state and U.S. Constitutions, it would also violate the state pre-emptive statute.
Before attempting to enact such a pre-empted ordinance, the City Council should bring their attention to two court cases concerning this issue. Namely, State vs Hamdan and State vs Vegas, in which the court decided in both cases that the right to bear arms for security , self defense and other lawful purposes is supported and legal under the State and U.S. Constitutions
State Statute 66.0409 reads:
66.0409 Local regulation of firearms. (1)
“Firearm” has the meaning given in s. 167.31 (1) (c).
“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.
(4) [size=(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.
[b]Updated 07−08 Wis. Stats. Database 40][/b]
66.0409 MUNICIPAL LAW Not certified under s. 35.18 (2), stats.
Text from the 2007−08 Wis. Stats. database updated by the Legislative Reference Bureau. Only printed statutes are certified
under s. 35.18 (2), stats. Statutory changes effective prior to 9−1−09 are printed as if currently in effect. Statutory changes effective
on or after 9−1−09 are designated by NOTES. Report errors at (608) 266−3561, FAX 264−6948, http://www.legis.
state.wi.us/rsb/stats.html
(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 resolution
that 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.
History1995 a. 72; 1999 a. 150 s. 260; Stats. 1999 s. 66.0409.
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
Where as, an ordinance created or enforced to prohibit fire arms in City Parks would be in violation of State Statute 66.0409 in that creating a prohibition in City level parks would create a greater area of prohibition the at the State Park level.
Since there are more City Parks then state parks the area of restriction becomes greater, therefore being more stringent then the State Statute prohibiting fire arms in state parks.
An excellent example would be the City of Sheboygan. The City of Sheboygan hosts Kohler Andre State Park. Within that state park the city can enforce the fire arms restriction in accordance with state law.
However, any fire arms restrictions within the city parks is pre-empted by state statute 66.0409 and can not be enforced.
Therefore, any ordinance created by the Green Bay City Council would violate the state pre-emptive statute 66.0409 and would not be enforceable.
Enforcement of such a pre-empted ordinance would bring civil suit against the City of Green Bay and the officers and department enforcing such ordinance.
Can the City of Green Bay afford such a suit?
The U.S.Code reads,
TITLE 42 > CHAPTER 21 > SUBCHAPTER I > §1983
Prev | Next
§1983. Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
Again, enforcing an individual’s right to bear arms.
I would sincerely hope that the City Council will consider these facts before creating or enforcing an ordinance which would violate State Statute 66.0409 or an individual’s Constitutional Rights.
I sincerely thank you for your consideration in this matter and eagerly wait your reply.
James Gleason
