Number
110472
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. COGGS
Title
A substitute ordinance relating to carrying, possessing or controlling firearms and other dangerous weapons, and providing penalties.
Sections
105-34-1-a am
105-34-1-b rc
105-34-1-c rp
105-34-1-d rp
105-34-1-e rp
105-34-1-f rp
105-34-2 rc
105-34-3-0 rc
105-34-3-a rc
105-34-3-b rc
105-34-3-c am
105-34-3-d am
105-34-4 cr
106-1-2 rn
106-1-2 cr
Analysis
This ordinance amends, repeals and recreates code provisions that regulate the possession and use of firearms and other dangerous weapons to comply with 2011 Wisconsin Act 35 (Act 35).
Act 35 revised state laws relating to the manner in which firearms and other weapons may be lawfully kept, transported and carried. Act 35 also created s. 66.0409(6), Wis. Stats., limiting the authority of municipalities to hold persons in violation of ordinances addressing disorderly conduct or other inappropriate behavior in the loading, carrying or going armed with firearm absent a finding of criminal or malicious intent whether the firearms are actually loaded or is concealed or openly carried.
Section 66.0409(2), Wis. Stats., created by 1995 Wisconsin Act 72, 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.
Code provisions that regulate the concealed carrying of dangerous weapons other than firearms are retained to the extent permitted by state law. This ordinance incorporates the exceptions provided in Act 35 for firearms.
Finally, the ordinance establishes new penalties for violations of state laws prohibiting the sale, possession or use of a machine gun or other full automatic, a short-barreled rifle or short-barreled shotgun, body armor, armor-piercing ammunition...
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