Wisconsin Carry, Inc. v. City of Madison

Madison, Wis., Gen. Ordinances 3.14(4)(h) created the City of Madison’s Department of Transportation and Transit and Parking Commission and empowered the Commission to establish rules and procedures. In 2005, The Commission adopted a Rule prohibiting passengers from bearing weapons on the Metro Transit. Petitioners sought to harmonize the Rule with the Concealed-Carry Statute, Wis. Stat. 175.60, which authorized Wisconsin residents to carry concealed weapons upon obtaining the required license. Petitioners filed an amended complaint arguing that Madison, Wis., Gen. Ordinances 3.14(4)(h) offended the Local Regulation Statute, Wis. Stat. 66.0409. The circuit court dismissed the amended complaint, and the court of appeals affirmed. The Supreme Court reversed, holding (1) the Local Regulation Statute has withdrawn authority from the City, either through its governing body or its sub-units, to regulate the subjects identified in the statute in a manner more stringent than an analogous state statute; and (2) the Concealed-Carry Statute preempts the City’s authority to restrict a licensee’s right to carry concealed weapons on the City’s buses so long as the licensee complies with the statute’s requirements. View "Wisconsin Carry, Inc. v. City of Madison" on Justia Law