#2 Public hearing and action on ordinance to regulate carrying of firearms and handguns (File Ord. #2010-458)
CITY ATTORNEY’S OFFICE MEMORANDUM
August 9, 2010
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Second reading, public hearing and action on a proposed
ordinance amending JGO Chapter 9.84 regulating the carrying of
firearms and handguns in the City of Janesville with penalties as
set forth in proposed JGO 9.84.050. (File Ord. 2010-458)
Staff Recommendation
Staff recommends the City Council adopt Proposed Ordinance 2010-458
amending JGO Chapter 9.84 regulating the carrying of firearms and handguns in
the City of Janesville.
City Manager’s Recommendation
This proposed ordinance amendment will put the City in compliance with the
current State law.
Suggested Motion
I move to adopt Proposed Ordinance No. 2010-458.
Request
Following a citizen request to amend JGO Chapter 9.84 that would update the
ordinance to be in conformity with state law Council Members Brunner and
Perrotto have requested that an amended ordinance be prepared.
Background
State law prohibits municipal ordinances that regulate the keeping, possession,
or bearing of a firearm unless the ordinance is “the same as or similar to, and no
more stringent than, a state statute.” Wis. Stat. § 66.0409(2).
Analysis
Proposed Ordinance No. 2010-458 amends JGO Chapter 9.84, so as to restrict
the possession of firearms and handguns consistent with state statutes but
allows carrying unconcealed firearms in Janesville in a manner consistent with
and allowed by current Wisconsin state law.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Dir. of Administrative Services
1
ORDINANCE NO. 2010 - 458
An ordinance amending JGO Chapter 9.84 regulating the carrying of firearms and handguns in
the City of Janesville with penalties as set forth in proposed JGO 9.84.050.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I.
Chapter 9.84 of the Code of General Ordinances of the City of Janesville is hereby
amended to read as follows:
VIII. WEAPONS*
Chapter 9.84
CONCEALED WEAPONS**
Sections:
9.84.010
Prohibitions--Exceptions--Definitions.
9.84.020
Selling prohibited when.
9.84.030
Possession of certain weapons prohibited.
9.84.040
Possession of firearm and handgun prohibited when.
9.84.050
Violation--Penalty.
9.84.010 Prohibitions--Exceptions--Definitions
.
A
. Carrying dangerous or concealed weapons is prohibited. Carrying a concealed
firearm is prohibited. Carrying of a firearm or handgun as provided in 9.84.040 is prohibited.
Selling certain weapons is prohibited.
B
. It is unlawful for any person, except policemen or any other officer authorized to
serve process, to wear concealed about his person, within the limits of the city, any dangerous
weapon as defined in subsection D of this section. The carrying of any instrument necessary to
certain trades, crafts, sports or professions during the usual course of such endeavor is
specifically exempted from the terms of this section. The carrying of a firearm is specifically
exempted from the terms of this section relating to dangerous weapons.
C."Concealed weapon"
means and includes any dangerous weapon is hidden from
ordinary observation. Absolute invisibility is not necessary to constitute a weapon as being
concealed. Any weapon which is carried within a case is not to be construed as a concealed
weapon if the case is plainly visible.
D."Dangerous weapon"
means and includes any instrument which by its
capabilities of use is liable to produce death or great bodily harm., except a firearm as defined in
subsection E of this section. The following are dangerous per se: blackjack, billy, sandclub,
bludgeon, sling shot, slung shot, pistol, revolver; any instrument which impels a missile by
compressed air, spring, or other means; any weapon upon which loaded or blank cartridges are
used, crossknuckles, knuckles of any metal, barbed or blade type arrowhead, bowie knife, knife,
dirk, dagger, switchblade knife, or any knife which has a blade that may be drawn without the
necessity of contact with the blade itself but is automatically opened by slight pressure on the
handle or some other part of the knife and is commonly known as a switchblade knife,
straight-edge razor or any other knife having a blade three inches or longer. Instruments not
herein specifically enumerated are more the less dangerous weapons when they fall within the
terms of the definitions in subsections C and D of this section. (Prior code s. 19.02(1)).
E.“Firearm”
means a weapon that acts by force of gunpowder.
F. “Handgun”
means any weapon designed or redesigned, or made or remade, and
intended to be fired while held in one hand and to use the energy of an explosive to expel a
projectile through a smooth or rifled bore.
9.84.020 Selling prohibited when
. No person shall sell any firearm, blackjack,
billy, bludgeon, crossknuckles, knuckles of any metal, bowie knife, dirk knife, dirk, dagger,
switchblade knife or any other knife having a blade three inches or longer to any minor in the
city. In no case shall any person sell a switchblade knife or other knife, the blade of which opens
automatically by pressure or the touching of a button or other device rather than manually.
(Prior code s. 19.02(2)).
9.84.030 Possession of certain weapons prohibited
. No person shall have in his
possession at any time, whether concealed or visible, any switchblade knife or other knife, the
blade of which opens automatically by pressure or the touching of a button, or other device
rather than manually. No person shall possess, whether concealed or visible, any karate stick,
karate club, or any similar instrument consisting of two straight bars, each less than twenty-five
inches in length, jointed together by leather, cloth, metal hinge or any other type of flexible joint.
(Prior code s. 19.02(3)).
9.84.040 Possession of firearm and handgun prohibited when.
A.
Carrying non-concealed firearms is permitted, except as prohibited in this
Chapter. No person, however, shall carry or possess a firearm or handgun contrary to Wisconsin
Statutes, as from time to time amended or renumbered.
B.
No person shall place, possess or transport a firearm, in or on a motorboat with
the motor running, unless the firearm is unloaded or is enclosed in a carrying case contrary to
Section 167.31(2)(a) of the Wisconsin Statutes, as from time to time amended or renumbered.
C.
No person shall place, possess or transport a firearm in or on a vehicle, unless the
firearm is unloaded and encased or is enclosed in a carrying case contrary to Section
167.31(2)(b) of the Wisconsin Statutes, as from time to time amended or renumbered.
D.
No person shall possess a firearm if such person is under a court-ordered
injunction or restraining order for domestic abuse, child abuse, or harassment contrary to
Sections 813.12(4m), 813.122(5m), or 813.125(4m) of the Wisconsin Statutes as from time to
time amended or renumbered.
E.
No person shall endanger the safety of another by the negligent operation or
handling of a firearm contrary to Section 941.20(1)(a) of the Wisconsin Statutes as from time to
time amended or renumbered.
F.
No person shall operate or go armed with a firearm while under the influence of
an intoxicant or restricted controlled substance contrary to Sections 941.20(1)(b) or (bm) of the
Wisconsin Statutes as from time to time amended or renumbered.
G.
No person shall intentionally point a firearm at or toward another contrary to
Section 941.20(1)(c) of the Wisconsin Statutes as from time to time amended or renumbered.
H.
No person shall go armed with a firearm in any building owned or leased by the
state or any political subdivision of the state contrary to Section 941.235(1) of the Wisconsin
Statutes as from time to time amended or renumbered.
I.
No person shall intentionally go armed with a handgun on any premises for which
a Class “B” or “Class B” license or permit has been issued under ch. 125 of the Wisconsin
Statutes contrary to Section 941.237(2) of the Wisconsin Statutes as from time to time amended
or renumbered.
J.
No person shall possess a firearm if such person has been convicted of a felony,
adjudicated delinquent, found not guilty by reason of mental disease or defect, committed for
treatment under ch. 51 of the Wisconsin Statutes, or is prohibited from possessing a firearm for
any and all reasons contrary to Section 941.29 of the Wisconsin Statutes as from time to time
amended or renumbered.
K.
No person under 18 years of age shall possess or go armed with a firearm contrary
to Section 948.60 of the Wisconsin Statutes as from time to time amended or renumbered.
L.
No person shall knowingly possess a firearm at a place that the person knows, or
has reasonable cause to believe, is a school zone contrary to Section 948.605 of the Wisconsin
Statutes as from time to time amended or renumbered.
9.84.050 Violation--Penalty
. Any person who violates any of the provisions of this
chapter shall forfeit and pay to the city a penalty not to exceed three hundred dollars ($300),
together with the costs of prosecution for each offense and in default of payment, the violator
shall be imprisoned not more than sixty days. Each day's continuance of any violation
constitutes a separate offense. In addition to the money forfeiture, the violator shall forfeit the
prohibited or concealed weapon to the city for its disposal as allowed by Wisconsin Statutes.
(Ord. 83-323 s. 1, 1983).
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Assistant City Attorney
Proposed by: Council Members Brunner and
Perrotto
Prepared by: Assistant City Attorney