Guns allowed while hard water bottles, tennis balls banned in RNC security footprint

Those looking to cross into the area immediately outside the Republican National Convention perimeter in Milwaukee will likely have to leave behind non-plastic containers, tennis balls and other typically innocuous items.

What won't be prohibited: Guns.

"I find that totally absurd," said Ald. Robert Bauman, whose district includes the Wisconsin city's downtown, where the convention will take place. "Literally, you can't have tennis balls, but you can have an AR-15 assault rifle."

That tension has Bauman pushing for changes and rethinking his sponsorship of the proposed ordinance that would prohibit dozens of items, including air rifles — but not the vast majority of actual guns — in the RNC security "footprint," where the public and demonstrators will be able to come and go during the July 15-18 event where Donald Trump is expected to accept his party's presidential nomination.

The legislation may be taken up at a special meeting next week.

State law prevents Milwaukee from prohibiting guns in RNC security 'footprint,' city attorney says

Milwaukee city officials say there's not much they can do.

"We are at the mercy of state law for this," said Nick DeSiato, chief of staff to Milwaukee Mayor Cavalier Johnson, a Democrat .

The legislation would prohibit "any dangerous ordnance, weapon, or firearm that is prohibited by the laws of the state of Wisconsin under" specific statutes that reference machine guns and other weapons; short-barreled shotguns and short-barreled rifles; and silencers.

The same language was included in the ordinance that the city passed before the 2020 Democratic National Convention that went largely virtual in the coronavirus pandemic and drew minimal protests.

Wisconsin law prevents the city and all local governments "from prohibiting the possession or carrying of legal firearms," City Attorney Evan Goyke told the Milwaukee Journal Sentinel, a USA Network partner, in an email in response to questions the news organization raised about the proposed ordinance.

That is as true in the RNC security footprint as anywhere else in the city, he said.

"The statutory references in the Council's file relate to those weapons state law has prohibited - machine guns, fully automatic weapons, short-barreled shotguns, and silencers," he wrote. "This is the extent of local firearm regulation allowed under state law - municipalities cannot regulate firearm possession beyond regulations in state statute."

The security footprint is expected to extend from Cherry Street to the north to West Clybourn Street on the south and from North Water Street on the east to North 9th Street on the west.

Guns will not be allowed in 'hard perimeter' around main Republican National Convention venues

The security footprint will surround a "hard perimeter" where credentials will be required to enter, and guns will not be allowed.

That perimeter — the exact location of which has not been released — will surround the primary convention venues of Fiserv Forum, the UW-Milwaukee Panther Arena and the Baird Center.

The U.S. Secret Service, which controls the area inside the "hard perimeter" will not allow any weapons in that space except for those possessed by working law enforcement officers, according to an agency spokesperson. A list of items that are prohibited in that area will be released when it is finalized.

The agency referred questions about prohibited items in the larger security footprint to the city.

Gun discussion comes amid debate over RNC protest area

The debate at City Hall comes as the Republican National Committee and national Republicans have been putting increasing pressure on the Secret Service to expand the "hard perimeter" to absorb an expected demonstration area at Pere Marquette Park.

Republicans have said they are concerned about the potential for conflict between demonstrators and convention attendees if a protest area were permitted at the park a quarter mile from Fiserv Forum, at one point saying there would be "a mandated confrontational area."

Secret Service and city officials have suggested there is no evidence to justify a change. DeSiato reiterated that assessment when asked about the park's location within the wider expected footprint where guns would be allowed.

"We have no intelligence to suggest that there's any specific threat or risk," DeSiato said.

Johnson's spokesman, Jeff Fleming, said that city officials were not dismissing concerns but rather evaluating them and "working to make it a safe environment."

Republican National Convention officials declined to comment on guns being allowed in the security footprint.

Omar Flores, co-chair of the Coalition to March on the RNC 2024, said the group had already been preparing for the potential that people who disagree with them might be armed. He expressed frustration at what he saw as the different approach to First and Second Amendment rights during the convention.

"Just the fact that there can't be any restrictions around (guns) but there can be a bunch of restrictions about where and how we can march and who's speaking — it's totally absurd," he said.

City officials have yet to release the march route and to officially name the site where a speaker's podium will be set up, though it is widely expected to be at Pere Marquette Park.

An ordinance passed by the Common Council and signed by Johnson in March created a permit process for using the speaker's platform and parade route within the security footprint even as city officials said the legislation did not prevent people from otherwise exercising their right to free speech within that area.

Alison Dirr can be reached at [email protected].

This article originally appeared on Milwaukee Journal Sentinel: Wisconsin's law allows guns within RNC security 'footprint'