Number
110471
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. COGGS
Title
A substitute ordinance relating to trespass upon lands, buildings or premises while carrying, possessing or controlling firearms, and providing penalties.
Sections
110-10 rc
Analysis
This ordinance revises provisions of the code relating to trespass to private property to make the provisions and penalties consistent with changes in state law that authorize the carrying of firearms, concealed or openly, under specified circumstances. These circumstances include possession and carrying of firearms on private property.
Section 66.0409(2), Wis. Stats., prohibits a municipality from enacting an ordinance or adopting a resolution that regulates the use, keeping, possession, bearing or transportation of any firearm or part of a firearm, including ammunition, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
The ordinance, consistent with state law, provides specific notice requirements applicable to owners and occupants of land and buildings who wish to prohibit or restrict the carrying of firearms on land and in buildings that they own or occupy.
Penalties are increased for trespass from a forfeiture of not more than $500 to a forfeiture in the range of not less than $100 nor more than $1,000.
New penalties are provided for trespass while carrying a dangerous weapon or while carrying a firearm without a license. These penalties include a forfeiture of not less than $500 nor more than $1,000.
Body
Whereas, 2011 Wisconsin Act 35 made the law of trespass, prohibiting entering or remaining on any land of another after being notified by the owner or occupant not to enter or remain, inapplicable to an individual if the owner’s or occupant’s intent is to prevent the individual from carrying a firearm on the land; and
Whereas, New statutory trespass provisions in 2011 Wisconsin Act 35 permit certain owners and occupants of pro...
Click here for full text