Help With Local Ordinance

Newbie Joined: Oct 04, 2009 Posts: 7

Hello all,

I was perusing my village Municipal Codes here in Wisconsin and I noticed that they appear to prohibit Open Carry in the Village and parks unless you are a government official. I emailed my Village Board President and asked if this issue has been addressed recently and he said it had not, but is willing to bring it up at a board meeting. He is also looking for any info I might have on the topic. This is where you come in. Does anyone have a packet of information that I can present him with for justification of Open Carry and carrying in parks.

Posted: Mon Apr 19, 2010 5:15 pm

Those ordinances are invalid because Wisconsin has complete state preemption of firearms laws.

He shouldn't need a packet, he should just read state law.

Posted: Mon Apr 19, 2010 6:18 pm

MagnumForce wrote:

Hello all, <snip> Does anyone have a packet of information that I can present him with for justification of Open Carry and carrying in parks.

Magnum...a good starter is the brochure on "Your Wisconsin Gun Rights" that is located on the download page of this site. It will provide you with some basic direction on the gun laws in WI.

The primary law he will be interested in is "WI State Pre-Emption of Firearm Laws 66.0409(2) Except as provided in subs. (3) and (4), no political subdivision may… regulate the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm…unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute." The rest will help you make your case.

Remember IANAL and have NEVER played one on TV

Newbie Joined: Oct 04, 2009 Posts: 7

Thanks guys. I am aware of the preemption law and planned to present that to him. That is really the big stick, but I guess I was wondering if someone has put together a packet of info full of supporting documentation.

Posted: Tue Apr 20, 2010 8:10 am

What village is this ?

Chris Morley

Cadet Joined: Sep 25, 2009 Posts: 74

regulatedIllinoisan wrote:

Those ordinances are invalid because Wisconsin has complete state preemption of firearms laws.

He shouldn't need a packet, he should just read state law.

If you choose to carry in a municipal or county park where firearms are prohibited, be prepared to be cited and having to fight it. The ordinance is definitely similar to the State Statute and we have no court ruling that a political sub division park ban is more stringent than a State Park ban. Their lawyers are of the opinion that these are not preempted.