J.Gleason
Banned
imported post
I recently sent an Email to Calumet County in regards to the fire arms ordinance in county parks:
Ms. Jodar,
I was browsing the county ordinances for Calumet County and I did notice that on Page 61 under Fire Arms and Weapons Control the ordinance clearly states:
46-2
(d) Firearms and weapons control.
(1) No person other than a sheriff, constable, police officer, or deputy shall fire or
discharge any firearm, rifle, spring or air gun of any description or shoot any
tipped arrows in any county park.
(2) No person shall have in their possession in any county park any firearm or air
gun, as defined by statute, unless unloaded and enclosed in a carrying case, or any
bow, unless unstrung and enclosed in a carrying case.
I would like to point out to you that this ordinance would not be enforceable due to the following:
42 USC 1983
NB: This unofficial compilation of the U.S. Code is current as of Jan. 3, 2007 (see http://www.law.cornell.edu/uscode/uscprint.html).
- 1 -
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS
SUBCHAPTER I - GENERALLY
§ 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.
(R.S. § 1979; Pub. L. 96–170, § 1, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104–317, title III, § 309(c), Oct.
19, 1996, 110 Stat. 3853.)
Codification
R.S. § 1979 derived from act Apr. 20, 1871, ch. 22, § 1, 17 Stat. 13.
Section was formerly classified to section 43 of Title 8, Aliens and Nationality.
Amendments
1996—Pub. L. 104–317 inserted before period at end of first sentence “, 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”.
1979—Pub. L. 96–170 inserted “or the District of Columbia” after “Territory”, and provisions relating to Acts of
Congress applicable solely to the District of Columbia.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96–170 applicable with respect to any deprivation of rights, privileges, or immunities secured
by the Constitution and laws occurring after Dec. 29, 1979, see section 3 of Pub. L. 96–170, set out as a note under
section 1343 of Title 28, Judiciary and Judicial Procedure.
After the recent Law enforcement Memo distributed from the Wisconsin Attorney Generals Office concerning the open carry of fire arms, in which Attorney General Van Hollen announced it is legal for citizens to open carry a fire arm in the State of Wisconsin in accordance with The Wisconsin State Constitution Article I Section 25 which reads:
Right to keep and bear arms. SECTION 25. [As created
Nov. 1998] The people have the right to keep and bear arms for
security, defense, hunting, recreation or any other lawful purpose.
[1995 J.R. 27, 1997 J.R. 21, vote November 1998]
And the U.S. Constitution which clearly reads:
ARTICLE II.
A well regulated Militia, being necessary to the security of a
free State, the right of the people to keep and bear Arms, shall not
be infringed.
All citizens have the right to lawful self defense.
As I am sure you will agree, the cost of leaving these unenforceable ordinances on the books would far out weigh the task of removing them from the books. An act of enforcement on this issue would result in a legitimate civil suit against the county for style="" style=""the deprivation of any rights, style=""privileges, or immunities secured by the Constitution and laws. All actors shall be liable to the party injured style=""
style=""in an action at law, suit in equity. The county,the Sheriff's Department and all individual officers involved would be listed as liable parties, costing the county, the individuals and tax payers a great deal of much needed revenue.
Therefore I am requesting this ordinance to be removed from the books and/or changed to read:
(d) Firearms and weapons control.
(1) No person other than a sheriff, constable, police officer, or deputy shall fire or
discharge any firearm, rifle, spring or air gun of any description or shoot any
tipped arrows in any county park unless the discharge of such weapon is made in the act of self defense or to defend the life of another person.
(2) No person shall have in their possession in any county park any firearm, air
gun, or bow as defined by statute, unless such person is legally qualified to possess the weapon in accordance with Wisconsin state law.
I appreciate your service to Calumet County and your attention to this matter.
Sincerely,
James A. Gleason
15 Lehner St.
Chilton, WI. 53014
Let me know what you think.
I will post any reply.
I recently sent an Email to Calumet County in regards to the fire arms ordinance in county parks:
Ms. Jodar,
I was browsing the county ordinances for Calumet County and I did notice that on Page 61 under Fire Arms and Weapons Control the ordinance clearly states:
46-2
(d) Firearms and weapons control.
(1) No person other than a sheriff, constable, police officer, or deputy shall fire or
discharge any firearm, rifle, spring or air gun of any description or shoot any
tipped arrows in any county park.
(2) No person shall have in their possession in any county park any firearm or air
gun, as defined by statute, unless unloaded and enclosed in a carrying case, or any
bow, unless unstrung and enclosed in a carrying case.
I would like to point out to you that this ordinance would not be enforceable due to the following:
42 USC 1983
NB: This unofficial compilation of the U.S. Code is current as of Jan. 3, 2007 (see http://www.law.cornell.edu/uscode/uscprint.html).
- 1 -
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS
SUBCHAPTER I - GENERALLY
§ 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.
(R.S. § 1979; Pub. L. 96–170, § 1, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104–317, title III, § 309(c), Oct.
19, 1996, 110 Stat. 3853.)
Codification
R.S. § 1979 derived from act Apr. 20, 1871, ch. 22, § 1, 17 Stat. 13.
Section was formerly classified to section 43 of Title 8, Aliens and Nationality.
Amendments
1996—Pub. L. 104–317 inserted before period at end of first sentence “, 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”.
1979—Pub. L. 96–170 inserted “or the District of Columbia” after “Territory”, and provisions relating to Acts of
Congress applicable solely to the District of Columbia.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96–170 applicable with respect to any deprivation of rights, privileges, or immunities secured
by the Constitution and laws occurring after Dec. 29, 1979, see section 3 of Pub. L. 96–170, set out as a note under
section 1343 of Title 28, Judiciary and Judicial Procedure.
After the recent Law enforcement Memo distributed from the Wisconsin Attorney Generals Office concerning the open carry of fire arms, in which Attorney General Van Hollen announced it is legal for citizens to open carry a fire arm in the State of Wisconsin in accordance with The Wisconsin State Constitution Article I Section 25 which reads:
Right to keep and bear arms. SECTION 25. [As created
Nov. 1998] The people have the right to keep and bear arms for
security, defense, hunting, recreation or any other lawful purpose.
[1995 J.R. 27, 1997 J.R. 21, vote November 1998]
And the U.S. Constitution which clearly reads:
ARTICLE II.
A well regulated Militia, being necessary to the security of a
free State, the right of the people to keep and bear Arms, shall not
be infringed.
All citizens have the right to lawful self defense.
As I am sure you will agree, the cost of leaving these unenforceable ordinances on the books would far out weigh the task of removing them from the books. An act of enforcement on this issue would result in a legitimate civil suit against the county for style="" style=""the deprivation of any rights, style=""privileges, or immunities secured by the Constitution and laws. All actors shall be liable to the party injured style=""
style=""in an action at law, suit in equity. The county,the Sheriff's Department and all individual officers involved would be listed as liable parties, costing the county, the individuals and tax payers a great deal of much needed revenue.
Therefore I am requesting this ordinance to be removed from the books and/or changed to read:
(d) Firearms and weapons control.
(1) No person other than a sheriff, constable, police officer, or deputy shall fire or
discharge any firearm, rifle, spring or air gun of any description or shoot any
tipped arrows in any county park unless the discharge of such weapon is made in the act of self defense or to defend the life of another person.
(2) No person shall have in their possession in any county park any firearm, air
gun, or bow as defined by statute, unless such person is legally qualified to possess the weapon in accordance with Wisconsin state law.
I appreciate your service to Calumet County and your attention to this matter.
Sincerely,
James A. Gleason
15 Lehner St.
Chilton, WI. 53014
Let me know what you think.
I will post any reply.