OC in Brookfield

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Has anyone OC's in Brookfield? In reviewing their ordinances they still have an ordinance restricting the carry of a firearm. I realized the the State Stature 66.0409 addresses this but was curious if anyone has had a direct experience with the City or City LEO's.

9.28.010 Discharge of firearms prohibited.
A. Except as provided in subsection B of this section, no person shall fire, discharge or use any firearm, air rifle, spring or air gun of any description, or any instrument which impels a missile or pellet by compressed air, spring or other means within the city nor shall any person have any firearm, air rifle, spring or air gun of any description, or any instrument which impels a missile or pellet by compressed air, spring or other means in his possession or under his control unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container. The discharge or use of any bow and arrow is prohibited in the city, except in designated areas in city parks.
B. Exceptions. Subsection A of this section shall not apply to any of the following:
1. Any duly authorized law officer in the performance of his duties;
2. Any supervised rifle or pistol range or shooting gallery authorized by the council;
3. Any deer or animal control program duly authorized by the common council. (Ord. 1891 §§ 1 and 2, 2002; Ord. 1843 § 1, 2001; Prior code § 9.01)

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First of all, welcome to OpenCarry.org!

Now they can't restrict you from carrying a handgun, but I know you probably don't want to risk the chance of getting arrested for it and having to fight it. So what you should do, and what I've seen others do, is e-mail the city and ask them to change or remove the ordinance, as it cannot be enforced. They might respond and tell you that they already know about this, and won't enforce it if they see you carrying.

Welcome again, and carry on!

Logan

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logan wrote:

First of all, welcome to OpenCarry.org!

Now they can't restrict you from carrying a handgun, but I know you probably don't want to risk the chance of getting arrested for it and having to fight it. So what you should do, and what I've seen others do, is e-mail the city and ask them to change or remove the ordinance, as it cannot be enforced. They might respond and tell you that they already know about this, and won't enforce it if they see you carrying.

Welcome again, and carry on!

Logan

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Great response Logan. This has worked for a bunch of the local "law" removals. A lot of places still have them. I would have to say that all understand OCis not a crime, but with it on the books it may be thought by some "cops" to be a reason to harass a person. Just remember 66.0409. If I ever didhave any local law problems, this is the only real thing I would feel free to talk about.

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Hey Canard. The section you quoted applies to "discharging" a weapon not carrying it. As always if you discharge your weapon in self defense you will have to justify your actions possibly in court but from what I'm reading of your local ordinance carrying is not prohibited.

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from what I'm reading of your local ordinance carrying is not prohibited.

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Canard wrote:

9.28.010 Discharge of firearms prohibited.

A. ..nor shall any person have any firearm,

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I've OC'd in Best Buy in Brookfield, I know other members have OC'd many places in Brookfield.

Another member has OC'd in Brookfield Square mall many times. Eventually he was approached by police and asked to leave (but only because the mall prohibits it)

He wasn't harassed by the officer who escorted him out of the mall and in fact, didn't even give his name when asked if I recall correctly.

The officer in Brookfield in that encounter seemed to be well aware of the law and the rights of OC'ers and was just doing what the Mall had called and asked him to do.

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Wisconsin Carry, Inc. - Chairman wrote:

I've OC'd in Best Buy in Brookfield, I know other members have OC'd many places in Brookfield.

Another member has OC'd in Brookfield Square mall many times. Eventually he was approached by police and asked to leave (but only because the mall prohibits it)

He wasn't harassed by the officer who escorted him out of the mall and in fact, didn't even give his name when asked if I recall correctly.

The officer in Brookfield in that encounter seemed to be well aware of the law and the rights of OC'ers and was just doing what the Mall had called and asked him to do.

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Truefax. That was me.

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I have not heard of any harrassment from the Brookfield Police. I know a guy personally who talked with the chief post-memo and the chief was very supportive of him carrying.

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Spartacus wrote:

Hey Canard. The section you quoted applies to "discharging" a weapon not carrying it. As always if you discharge your weapon in self defense you will have to justify your actions possibly in court but from what I'm reading of your local ordinance carrying is not prohibited.

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If you continue reading it also says "nor shall any person have any firearm...unless locked down..."

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Welcome! I've never carried in Brookfield, but I do in Waukesha all the time, and it goes well.

If I didn't work in a place that was a no carry zone (alcohol consumed on premise), I'd say stop on by with your gun for a cup of coffee.

I think the Caribou nearby is technically Brookfield, and IIRC, there's been both eventful and noneventful happenings there for WI OCers.

Make sure you are 100% sure of the laws and that you are 100% legal where you carry, and carry on!