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Thank you to Pewaukee and De Pere
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We all know that open carry of firearms or weapons used for personal defense have been legal since the first explorers came to Wisconsin in 1622. Open carry has never been unlawful or prohibited by state statute (some restrictions do apply).
Pewaukee and De Pere have decided to repeal their city’s unenforceable firearms ordinances. Although it probably seems like the right thing to do, repealing the ordinances really did not change anything.
This is because all local firearms ordinances that are not the same as or similar to state law (including prohibiting openly carried firearms) have been unenforceable since November 18, 1995. Since there is no state statute to ban open carry, all such local ordinances were likewise unenforceable.
Below is the state’s statute on the local regulation of firearms, which explains in paragraph 4(b) (emphasis added) that these local ordinances were already nullified by the state years ago.
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, 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.
(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.
On the other hand, if these city’s repealed their ordinances as a symbolic gesture of support for citizens rights, well thank you both. I hope many other towns and city’s in Wisconsin follow your lead. After all, what harm can it do to publicly admit that your police department is expected to respect citizen’s rights and to follow the law?
What we really would like to see, is more training for police chiefs and their officers so when they happen to meet a lawfully armed citizen walking down State Street in Madison for example, we can swap stories about our favorite guns and ammo with each other and part as friends.
Believe it or not, I know that day will come in Wisconsin.
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