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File #: 240435    Version:
Type: Ordinance Status: In Committee
File created: 7/2/2024 In control: PUBLIC SAFETY AND HEALTH COMMITTEE
On agenda: Final action:
Effective date:    
Title: A substitute ordinance banning bump stocks in the City of Milwaukee.
Sponsors: ALD. SPIKER
Indexes: FIREARMS
Attachments: 1. Analysis of Ordinance Regulation Bump Stock 240435
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
7/11/20240 PUBLIC SAFETY AND HEALTH COMMITTEE RECOMMENDED FOR PASSAGEPass5:0 Action details Meeting details Video Video
7/11/20240 COMMON COUNCIL NOT APPROVED BY CITY ATTORNEY

Minutes note: The file was not returned approved by the City Attorney and was not properly before the Common Council.
   Action details Meeting details Video Video
7/11/20240 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
7/5/20240 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
240435
Version
SUBSTITUTE 1
Reference­­­

Sponsor
ALD. SPIKER
Title
A substitute ordinance banning bump stocks in the City of Milwaukee.
Sections
105-34-2-b am
Analysis
This ordinance amends the definition of a dangerous weapon to include a weapon accessory capable of producing death or great bodily harm, and further adds to the list of dangerous weapons a bump stock or any device designed to allow for rapid fire from a non-automatic firearm.
Body
Whereas, Wisconsin Statute 66.0409(2) preempts the City of Milwaukee from regulating 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; and

Whereas, The intention of Wisconsin Statute 66.0409(2) is to ensure that Wisconsin citizens are unimpeded in their right to legally own a firearm, the parts that make up a firearm, or the equipment to create ammunition for that firearm; and

Whereas, To be a part of something that part must be a piece or element that comprises the whole; and

Whereas, A firearm without a trigger is not whole, because a firearm with no trigger cannot fire; and

Whereas, A firearm without a shoulder strap or custom grip fires regardless of the presence of these features, meaning that such aftermarket products cannot be considered intrinsic parts of any firearm; and

Whereas, A bump stock is not a firearm, but an aftermarket product that is in no way an element or component part of any firearm; and

Whereas, A bump stock plays no role in reloading, either the practice of assembling ammunition using previously fired cartridge cases nor replenishing the firearm with additional ammunition; and

Whereas, A bump stock is an attachment that allows a semi-automatic firearm to fire in a rapid, in...

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