Wisconsin: Town of Calumet bans use of rifle year round

[chambers]

Today was informed we are no longer to use rifles in a rural agricultural Wisconsin community due to town passed " ban to use rifles in Town of Calumet" through a motion. Been on phone all day with town supervisors(3) and learned their true intention was to ban all/any rifles year round according to one board member. There ban is any "rifle". Can not use .22 for squirrel or rabbit hunting, can not shoot skunks as per town elected official with any type of rifle. We have been calling everyone we know to show up for special town meeting this week. Need good advice.

[TheCelt]

Civil disobedience comes to mind. Get every farmer, cattleman and hunter to show up with a rifle and demand a re-vote.

[Garyshome]

Have a Recall vote on the council. And talk to the Sheriff I believe that they have final say on such matters not the town council.

[fatnhappy]

tar and feather the SOBs

[btroj]

Inside city limits? Don't most cities?

[ktw]

66.0409  Local regulation of firearms.
/.../
(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 subch. V of ch. 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. Any ordinance or resolution that restricts the discharge of a firearm does not apply and may not be enforced if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s. 939.45.
(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.


https://docs.legis.wisconsin.gov/statutes/statutes/66/IV/0409

-ktw

[fishhawk]

Township here is still referred to as a "town"

[starmac]

I guess I am confused , town limits, county limits, What kind of area are we talking about. Is there some sort of buffer zone surrounding the town?

[chambers]

We are talking the closest large city would be 10 miles, rural area with farm community with farm houses, this is an area about 5 miles x 12-15 miles covering everything from fields, woods, swamp, etc. There are several little towns with maybe 30 houses in the towns. What we call a "township" is legal description on what county you pay taxes to and get school services.

[starmac]

We are talking the closest large city would be 10 miles, rural area with farm community with farm houses, this is an area about 5 miles x 12-15 miles covering everything from fields, woods, swamp, etc. There are several little towns with maybe 30 houses in the towns. What we call a "township" is legal description on what county you pay taxes to and get school services.

Ok I understand, in other words it sucks big time.

[hiram1]

sue them do it to the town ship and in person

[snuffy]

Chambers, is this in response to the Wi. state DNR allowing centerfire rifles to be used statewide in the upcoming deer hunt,(11-23-13)? Wasn't calumet county shotgun only before this new statewide rifle season?

I kind of expected some people to be ---pardon the pun---"up in arms" over the new rule. Population density sort of demands the use of lower powered firearms like slug shotguns. Please don't tell them that some of the saboted shotgun rounds are already like shooting a 45-70!? SHHHH, big secret!

Of course I'd say they went way overboard with an outright ban. Whether they can legally do this will take time and court action to figure out.

[Reg]

Don't take it lying down. Talk to everyone you can, get any and all local groups involved then go after the bottom feeders that came up with it.
Recalls work and send a VERY strong message'
No--- it's not a easy thing to do. Takes lots of work and no small number of dollars.
These slimers are only getting away with this nonsense because they feel empowered to do it from the top.
We have two down and one to go here in Colorado and I just read where some Mayor somewhere was recalled for the same thing.
You cannot take your rifle and go on a politician hunt in the streets of your home town. We just simply don't do things that way but you can get involved in a local recall and let me tell you, when you win one--- darn it feels good !!!!

;)

[MOcaster]

What part of "shall not be infringed" do they not understand? On the plus side, you now have an excuse to buy an RPG. :) That shouldn't be considered a rifle.

[jaydub in wi]

Today was informed we are no longer to use rifles in a rural agricultural Wisconsin community due to town passed " ban to use rifles in Town of Calumet" through a motion. Been on phone all day with town supervisors(3) and learned their true intention was to ban all/any rifles year round according to one board member. There ban is any "rifle". Can not use .22 for squirrel or rabbit hunting, can not shoot skunks as per town elected official with any type of rifle. We have been calling everyone we know to show up for special town meeting this week. Need good advice.
Where exactly is this? Calumet county has a few towns. If it's Harrison, I have work to do.

[TheGrimReaper]

This is stupid. I would throw a big fuss!!!

[chambers]

Town of Calumet is located in Fond du Lac County in Wisconsin-located on East side of Lake Winnebago. It includes places like Pipe, Johnsburg, Marytown. I spoke directly with each of the three town officials, one clearly stated their intention was a total rifle ban( with no limitations ). Town officials have indicated there will be no public input at Wednesday night meeting other than one person who put on the agenda. I explained to town chairmain to open this up for public comment as this issue will not go away and the next meeting people will learn exactly how to petition the town.

[country gent]

First gather all the information on this legislation you can from beginning to current. Also keep in mind normally town law superseeds county, state law superseeds county, federal superseeds state. When you get the information all gathered together post it and the supporters of it. Contact a law Firm that specializes in rights and constitutional intent. Contact the NRA with the above information, and JFPO may want to get involved also. Get as much info and back ground/intent as possible.
Another thing to keep in mind is even fighting this at the local level, if they want to fight to keep it its going to cost thousands of dollars to do.

Im curious do the local police have rifles available to them in the cars or Stations? Is this a one way law? I believe it could be beat in the courts but that it will be expensive and time consuming. It may take many years to get to the level needed in the courts. Alot of these laws ordinances are passed with the hopes no one fights them.

[inspector_17]

Are there any 2nd Amendment org's in WI? Contact them, they should be able to help you with the legal end.

[runfiverun]

I'd start putting up notice of re-call flyers all over town right now.

the word might get through to them.

[Smoke4320]

I'd start putting up notice of re-call flyers all over town right now.

the word might get through to them.
I agree with this plus come at them from every angle ..
have people continue to call them expressing anger over the change ect ect
pressure pressure pressure

[oneokie]

Town of Calumet is located in Fond du Lac County in Wisconsin-located on East side of Lake Winnebago. It includes places like Pipe, Johnsburg, Marytown. I spoke directly with each of the three town officials, one clearly stated their intention was a total rifle ban( with no limitations ). Town officials have indicated there will be no public input at Wednesday night meeting other than one person who put on the agenda. I explained to town chairmain to open this up for public comment as this issue will not go away and the next meeting people will learn exactly how to petition the town.

I looked on a map of Wisconsin and did not find a "town" named Calumet. Did find Pipe, Johnsburg and Marytown. ??????

Are the three town officials representatives of Pipe, Johnsburg and Marytown?

[cbrick]

I agree with contacting a gun friendly lawyer and the NRA & don't be afraid to ask for help.

I also agree with recall notices (by the thousands) plastered all over the area. Start the process of a legal, proper recall election & let them
campaign to keep their jobs. It would be interesting to listen to them explain the need to suppress the people and violate the Constitution.

Let them get away with this and it will only be the beginning of far worse to come.

Rick

[snuffy]

I looked on a map of Wisconsin and did not find a "town" named Calumet. Did find Pipe, Johnsburg and Marytown. ??????

Are the three town officials representatives of Pipe, Johnsburg and Marytown?

Is Wisconsin the only state that has townships?! It goes state, county, city and township in that order for local government. A county can have many townships, usually one is named for the major city it butts up against. My township is called the town of Oshkosh. There's also black wolf, Nekimi, Van dyne 4-5 others. Most have their own volunteer fire department, town hall and supervisors and board members.

Don't ask me why it's done this way here, I never had the slightest notion to get involved in politics.

[sparky45]

If those "leaders" are also local businessmen/women, you have a built in way to influence their opinions.

[montana_charlie]

I looked on a map of Wisconsin and did not find a "town" named Calumet. Did find Pipe, Johnsburg and Marytown. ??????

Are the three town officials representatives of Pipe, Johnsburg and Marytown?


Calumet, Wisconsin From Wikipedia, the free encyclopedia
There is also a county in Wisconsin called Calumet County, Wisconsin which is adjacent to the town.

Calumet is a town in Fond du Lac County, Wisconsin, United States. The population was 1,514 at the 2000 census. The unincorporated communities of Artesia Beach, Calumet Harbor, Garnet, Highland Park, Johnsburg, Laudolff Beach, Marytown, Pipe, Pukwana Beach, Winnebago Heights, and Winnebago Park are located within the town. The unincorporated community of Calumetville is located partially in the town.

https://en.wikipedia.org/wiki/Calumet,_Wisconsin

[montana_charlie]

Today was informed we are no longer to use rifles in a rural agricultural Wisconsin community due to town passed " ban to use rifles in Town of Calumet" through a motion.
I wish you would post a link to the text of the law/regulation/ordinance when asking for our input. Without it, we don't know anything about your problem.

From your wording, it would appear that you can't use rifles in town. Well, most communities don't allow residents to shoot rifles within the town/city limits.

Please clarify the problem for us.

[oneokie]

Is Wisconsin the only state that has townships?! It goes state, county, city and township in that order for local government. A county can have many townships, usually one is named for the major city it butts up against. My township is called the town of Oshkosh. There's also black wolf, Nekimi, Van dyne 4-5 others. Most have their own volunteer fire department, town hall and supervisors and board members.

Don't ask me why it's done this way here, I never had the slightest notion to get involved in politics.

In that sense, it must be.

Here in Oklahoma we do have townships as set out by civil survey, 6 miles square, 36 sections (sq mile subdivisions of the township). However "towns" are communities that are incorporated and have set boundries (town/city limits) and as such, the ordinances of the town are limited in scope to the defined boundries of the town/city limits. We also have unincorporated communities which fall under the laws/rules/regulation of the County government.

Am having trouble wrapping my mind around exactly how Wisconsin local governmental enties operate. It is very strange to me that they are not called townships.

[btroj]

Is this a response to changes by the DNR to allow rifles in previous shotgun only areas?

More info would be helpful.

[gew98]

About 30 years ago Townships and counties in newjerkistan did much the same thing with "no discharge of firearms zones". Basically all of newjerkistan has been shotgun only for deer , with the exception of muzz loading ( with all the appropriate 'rifle' licenses etc etc ) .
Basically back then they took your rights away to hunt deer and such in your woods on your land regardless. Look out people it's communism/socialism coming to a township/county near you !. Thankfully Kenturkey does not have townships ( it's a commonwelath ) , but does have 120 counties...loads of local political bunk all around.

[starmac]

What I am gathering out of this township thing is just an EXTRA governing that some states have. I am used to putting up with fed, state, county, and city, but so far have never lived where their was an extra thrown in.

[Duckiller]

Townships were created by an act of Congress. The Northwest Territories act provided for the survey, subdivision and governing the area west of the 13 colonies to the Mississippi River. It was extended westerly until the US got to California. Texas and Louisana are probably not covered by it either. Surveying methods were greatly changed for Alaska. These are publicly elected officials that are proposing this legislation. There are rules that they must follow before they enact new laws. Not taking public input is probably against the rules. Consult with a private attorney, County counsel, Attorney General to see if what they want to do is remotely legal. Reguardless of what they do it is probably a good idea to recall them, especially is they don't want the hear from the people that elected them. The law as listed above may mean that what ever thy do is illegal. Even if the law says they can't do something and they do it a judge must declare it illegal. Start recall petitions, object to spending public money defending what you believe is illegal. Give them a serious ration of S**t and make them seriously think about resigning or not running for reelection. It is probably going to cost you some money to fight them so you and friends should start fund raising or taking up collections. Good luck in your fight. Give details on what and why you need money and some members here may help.

[dragon813gt]

You guys would hate PA. There are cities, townships, boroughs and villages. They're determined by population size. Sometimes the smaller ones have their own local government. But other times they fall under the jurisdiction of a larger area.

It sounds like the OP is saying that all rifle use is banned within that particular townships jurisdiction. Within city limits is one thing. But if the township is mostly rural it infringes on a lot of rights.

[chambers]

It looks like there was plenty of hunters/gun people calling our local officials and we may have tomorrow night the motion: " to ban the use of rifles in the Town of Calumet" removed 100%. They are sick and tired of people calling. When I spoke with board member he said it is only going to "take a minute to rescind the motion" and remove totally. There most likely are many people coming to this meeting to voice/show support for removal of this motion. This motion was a 100% ban on any rifle use year round and not just for the 9 day gun hunt where it use to be shotgun only. This weekend one board member was telling people they could no longer shoot a skunk with a .22 rifle. People starting working on this Sunday and hopefully by this Wednesday night this thing will be gone 100%.

[ctious]

I live in this area as well. What they passed is illegal. They are tonight trying to change the wording to make it legal.

In the end only the sheriffs can enforce it ant I spoke with the sheriff. He says they will not be enforcing it.

[chambers]

Attached is the actual town board meeting minutes on their website

TOWN BOARD MEETING
Town Hall November 5, 2013
Present: 21 7:00 PM

The meeting was called to order by Chairman Mike Endries. Present Chairman Mike Endries,
Supervisors Fritz Anhalt, and Ken Lefeber.

The agenda was posted at the three posting places at the fire house, town hall, and National Exchange
Bank.

Motion Anhalt, seconded Lefeber to approve the agenda as posted. Motion carried.

Motion Lefeber, seconded Anhalt to approve the minutes of the October 2, 2103 town board meeting as read. Motion carried.

Motion Endries, seconded Lefeber to approve the treasurer’s report as read. Motion carried.

Motion Lefeber, seconded Endries to pay all bills as presented in the amount of $192,981.64 Fire
Department portion in the amount of $14,849.83, and Town portion in the amount of $178,131.81.
Motion carried.

Motion Endries, seconded Anhalt to table the Amendment to the 2000 Wastewater Agreement with the
City of Fond du Lac until more information is received from the Town of Calumet Sanitary District’s lawyer. Motion carried.

Motion Lefeber, seconded Anhalt to ban the use of rifles in the Town of Calumet. Voice vote:
Anhalt yes, Lefeber yes, and Endries no. Motion carried.

Motion Lefeber, seconded Anhalt to approve the resolution supporting SB349 relating to the
Regulation of Nonmetallic mining. Motion carried.

Motion Lefeber, seconded Anhalt to adopt Resolution 2-2013 to Exceed the Levy Limit for 2013 payable in 2014. Motion carried.

Motion Lefeber, seconded Anhalt to leave the salting up to the discretion of the snow plow personnel and to try to cut back on the amount of salt spreading whenever possible. Voice vote: Anhalt yes,
Lefeber yes, and Endries no. Motion carried.

Motion Anhalt, seconded Lefeber to reimburse Ken Bock for cemetery legal fees as per previous motion.
The clerk will check the amount and a check will be cut for the next meeting. Motion carried.

The next town board meeting will be on Tuesday, December 3, 2013 at 7:00 PM.
The yearend meeting will be on Monday, December 30, 2013 at 7:00 PM.

Motion Endries, seconded Anhalt to adjourn the town board meeting. Motion carried.

Recorded by,
Mary Casper, Clerk
NOT APPROVED

[MaryB]

From the WI constitution:

Right to keep and bear arms. SECTION 25. [As created
Nov. 1998] The people have the right to keep and bear arms for
security, defense, hunting, recreation or any other lawful purpose.
[1995 J.R. 27, 1997 J.R. 21, vote November 1998]

Bear arms in my book means use.

[jaydub in wi]

It looks like there was plenty of hunters/gun people calling our local officials and we may have tomorrow night the motion: " to ban the use of rifles in the Town of Calumet" removed 100%. They are sick and tired of people calling. When I spoke with board member he said it is only going to "take a minute to rescind the motion" and remove totally. There most likely are many people coming to this meeting to voice/show support for removal of this motion. This motion was a 100% ban on any rifle use year round and not just for the 9 day gun hunt where it use to be shotgun only. This weekend one board member was telling people they could no longer shoot a skunk with a .22 rifle. People starting working on this Sunday and hopefully by this Wednesday night this thing will be gone 100%.
I live just up the road a bit, but I'll be giving them a call tomorrow

[ctious]

Never knew I had so many cast boolit members around me. Lol. I hope this gets removed. U should hear all the locals. They are pissed. Lol.

[HNSB]

In the end only the sheriffs can enforce it ant I spoke with the sheriff. He says they will not be enforcing it.

The problem is once the law is on the books you can end up with a different sheriff that will enforce it, or your current sheriff starts getting pressure from the township when they pay their subsidy to the department, or the sheriff's department uses the law to selectively target people they have a beef with, etc...

Much better to not have the law in the first place.
It sounds like enough people are concerned about it that your elected officials are going to have to decide if it's more important than their political careers.
You folks just need to keep the pressure on.

It's too bad that it takes something like this for people to get involved.

[DaveInFloweryBranchGA]

Regardless of the ending of the law, I would do everything in my power to permanently vote the two individuals responsible for the law out of office. This gives an example to other politicians with an anti-gun agenda in the future. In their place, I would put a council with a pro gun agenda who would make owning a firearm a requirement in that town ship. We have a county here in Georgia (Cobb) whose crime rate has been lower than the norm for the state for years since they enacted a "shall own" law.

[oneokie]

Regardless of the ending of the law, I would do everything in my power to permanently vote the two individuals responsible for the law out of office. This gives an example to other politicians with an anti-gun agenda in the future. In their place, I would put a council with a pro gun agenda who would make owning a firearm a requirement in that town ship. We have a county here in Georgia (Cobb) whose crime rate has been lower than the norm for the state for years since they enacted a "shall own" law.

Would that also include Kennesaw?

[starmac]

One of the big problems I see other than those listed, is that something like will do nothing but migrate to other townships, counties and states. A big, loud message needs to be sent here, two politicians need to be unemployed kicking a can down the road, wondering why they ever even thought they should support something like this.

[chambers]

They want us to leave as soon as we get there because the township budget is also up for approval tonight. They want less people there as they are trying to increase taxes also. Planning on speaking any chance I can get.

[dakotashooter2]

Check to make sure they have stricty followed the proceedural requirements for passing such a law. Generally some type of public notice is required along with an opportunity for public comment. If they have not (and often small towns don't) call the state attorney general.

Here in ND the township is a subdivision of the county, is generally comprised of 36 sections and fall under the regulation of the county. It sounds like in this case a township would be the equivalent of what is know as a village............

Also check to see if they have a referal process that would bring the issue to a public vote. This is generally achieved through a petition with a specifie number of signatures.

[clownbear69]

As stated find a gun friendly lawyer and contact the NRA immediately. Also not mentioned contact every (if not every the most popular) news channel. I don't know what FdL watches but Milwaukee's most popular is channel 6 Fox and out of Madison probably channel 3 CBS?

The main point is make is to make it known. Contact Gov. Walker as well because he wouldn't tolerate that

[forfun]

id go with the tar and feathers.... good luck on the re-call

[oneokie]

I suggest you check to see what Wisconsin law says about the proceedure for public meetings. Especially about the proceedure for setting the agenda that has to be publicaly posted. Do they allow the public to put items on the agenda and do they post the agenda in accordance with the state public meeting laws?

[SCHUSA]

I suggest you check to see what Wisconsin law says about the proceedure for public meetings. Especially about the proceedure for setting the agenda that has to be publicaly posted. Do they allow the public to put items on the agenda and do they post the agenda in accordance with the state public meeting laws?

I am in Town of Eldorado, who did not ban rifle use. from what i have found, Town of Calumet went with the DNR recommended ban format, as it has a "better chance to stick" as it sits now who will enforce the ORDNANCE, DNR does not have Jurisdiction, neither does the Sheriffs Department, the Town needs an enforcement mechanism, that's why Eldorado decided againts it.

Also refer to the State Statute 66.0409(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.

notice the word "use" and "no more stringent than state statute"

the only reason it was restricted before was because it was a "Game Law" and now its not. if I were to come hunt in Town of Calumet I would be carrying my .308, if someone gave me a ticket, I would FIGHT, FIGHT, FIGHT!!!!

[SCHUSA]

update, check with local Enforcer: Constable -
Edward Meier
Phone: 920-418-2625

[chambers]

We have good news: Town meeting tonight had the "ban on rifles in Town of Calumet" removed/rescinded and no longer exists. We will have to watch to make sure this does not come back up in the future. *****The ban on rifles in the Town of Calumet has been removed********** thanks to a lot of people banding together.

[Firebricker]

We have good news: Town meeting tonight had the "ban on rifles in Town of Calumet" removed/rescinded and no longer exists. We will have to watch to make sure this does not come back up in the future. *****The ban on rifles in the Town of Calumet has been removed********** thanks to a lot of people banding together.
That is great news congratulations ! I would still push for recall of the two responsible while you have the momentum let them know infringing on your rights will not be tolerated. FB

[Three-Fifty-Seven]

. this!!

[firefly1957]

Not enough information in this for good comment but here in Michigan we have the shotgun only zones to and they are in state law they only pertain to deer hunting nothing else. I worked with a guy who was ticketed for shooting woodchucks with a center-fire the judge told the DNR officer to never bring such a ticket to court again as he should know the law is deer hunting only. It sounds like it should be the same there from what i am reading?

Note two people have posted the state firearms exception law which should make this illegal for the township to do.