hugh jarmis
Centurion
imported post
It is clear that local ordinances prohibiting the carry of firearms in local parks are pre-empted. While they are "similar" to the state statute prohibiting firearms in state parks they are FAR more stringent than the state statute as they place a FAR larger restriction on the places where you can carry than does the state statute. CLEARLY more stringent. CLEARLY pre-empted.
On June 18th I spoke with a staff person, Darlene Winkat the County Executives Office and subsequently sent the following email so that she could pass it along to the appropriate personell. Darlene responded to a few subsequent inquiry's letting me know she had not received a response from others in the office. She then gave me Tim Russell, Deputy Chief of Staff's phone number 414-278-4216 and suggested I call him to discuss further and precipitate a response. I have now left 3 or 4 messages for Tim with no response.
Please take this opportunity to let County Executive and CANDIDATE FOR GOVERNOR Scott Walker know that its important to you that your next potential governor would take an interest in the rights and concerns of the citizens he represents. This is not a frivolous request of the County Executive. As citizens, we want clarification on the law SO WE CAN COMPLY WITH IT while also being able to exercise our rights GUARANTEED to us by the wisconsin state constitution.
As Scott Walker is a candidate for Governor of Wisconsin the opinions of ALL WISCOSIN RESIDENTS are (or should) be very important to him.
Please call Tim Russell at 414-278-4216 and ask that he respond to my inquiry OR email the county executive directly at countyexec@milwcnty.comrequesting that in his role as county executive he request from the attorney general, an opinion as the wether or not these local "park" statutes are pre-empted. An average citizen cannot make requests of the Attorney General, but the County Executive MAY!
Below is a copy of the email I have transmitted to the staff at the county executives office. Feel free to use the text to craft your email or in your call to the staff person. (I also included a "short version" at the end of this post)
It is clear that local ordinances prohibiting the carry of firearms in local parks are pre-empted. While they are "similar" to the state statute prohibiting firearms in state parks they are FAR more stringent than the state statute as they place a FAR larger restriction on the places where you can carry than does the state statute. CLEARLY more stringent. CLEARLY pre-empted.
On June 18th I spoke with a staff person, Darlene Winkat the County Executives Office and subsequently sent the following email so that she could pass it along to the appropriate personell. Darlene responded to a few subsequent inquiry's letting me know she had not received a response from others in the office. She then gave me Tim Russell, Deputy Chief of Staff's phone number 414-278-4216 and suggested I call him to discuss further and precipitate a response. I have now left 3 or 4 messages for Tim with no response.
Please take this opportunity to let County Executive and CANDIDATE FOR GOVERNOR Scott Walker know that its important to you that your next potential governor would take an interest in the rights and concerns of the citizens he represents. This is not a frivolous request of the County Executive. As citizens, we want clarification on the law SO WE CAN COMPLY WITH IT while also being able to exercise our rights GUARANTEED to us by the wisconsin state constitution.
As Scott Walker is a candidate for Governor of Wisconsin the opinions of ALL WISCOSIN RESIDENTS are (or should) be very important to him.
Please call Tim Russell at 414-278-4216 and ask that he respond to my inquiry OR email the county executive directly at countyexec@milwcnty.comrequesting that in his role as county executive he request from the attorney general, an opinion as the wether or not these local "park" statutes are pre-empted. An average citizen cannot make requests of the Attorney General, but the County Executive MAY!
Below is a copy of the email I have transmitted to the staff at the county executives office. Feel free to use the text to craft your email or in your call to the staff person. (I also included a "short version" at the end of this post)
County Executive Scott Walker,
It appears that Milwaukee County ordinance # 47.05 is in conflict with state statute 66.0409
Clearly the Milwaukee County Ordiance is more "stringent" than the state law, as state law provides no prohibition of the right to carry/bear arms in county or local parks. The pre-emption statute requires that a local ordinance must be similar to AND no more stringent than state law. While the ordinance is similar to, it is clearly more stringent than the state law.
66.0409. Local regulation of firearms.
(1) In this section:
(a) "Firearm" has the meaning given in s.
167.31 (1) (c).
(b) "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 subchapter V of chapter 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)(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, if the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute. transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components,
(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 subchapter V of chapter 77.
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Milwaukee County Ordiance 47.05
Use of firearms and fireworks; hunting with bow and arrow; trapping. No person shall carry, fire or discharge any gun, pistol or firearm, nor any rocket, torpedo or other fireworks of any description, nor shall any person engage in trapping within any park or parkway without a written permit of the department of parks, recreation and culture; nor shall any person hunt with bow and arrow within any park or parkway. No person shall carry, fire or discharge any gun, pistol or firearm, nor any rocket, torpedo or other fireworks of any description upon any premises owed or leased by Milwaukee County which is not part of the county parks and parkways. The word "gun" shall include airgun.
I would ask that the county executive make a request of the attorney general to verify that indeed, this local statute is more stringent than state law and thus unenforceable. It is my first hand knowledge that sheriffs deputies have been telling our citizens that they will be arrested if they exercise their wisconsin constitutional right to open carry firearms in county parks. In order to avoid the legal exposure the county will face if they inappropriately arrest and charge people with an ordinance violation that is pre-empted and unenforceable, I believe it is of utmost importance that the county offer its citizens a clear and accurate statement as to what their legal rights are.