Carrying while dropping off/picking up kid from school (sorry, tried to search).

E6chevron · Mar 1, 2012

2superblus said:
http://www.doj.wi.gov/dles/cib/ConcealedCarry/ccw-faq-20111020.pdf

Per DOJ FAQ page 45 (actually identified in the FAQ document as - 38 -)

B. Other weapons

Are there limits on possessing other weapons on school premises?

Yes. It is a crime to possess a dangerous weapon (other than a firearm or BB or pellet gun) on or in any school building, school grounds, recreation area, athletic field or any other property owned, used or operated for school administration. Wis. Stat. § 948.61.
School is defined as a public, parochial or private, or tribal school that provides educational programs for one or more grades between grades 1 and 12 (elementary, middle, junior high and high school). Wis. Stat. 948.61(1)(b).

What are the exceptions?

The following are exceptions to the prohibition on possessing dangerous weapons on school premises by the following persons:

 A person who uses a weapon solely for school sanctioned purposes. Wis. Stat. § 948.61(3)(a).
 A person who engages in military activities sponsored by the federal or state government when acting in the discharge of his or her official duties. Wis. Stat. § 948.61(3)(b).
 A person who Is a law enforcement officer or state certified commission warden acting in the discharge of his or her official duties. Wis. Stat. § 948.61(3)(c).
 A person who is participating in a convocation authorized by school authorities in which weapons of collectors or instructors are handled or displayed. Wis. Stat. § 948.61(3)(d).
 A person who drives a motor vehicle in which a dangerous weapon is located onto school premises for school sanctioned purposes or for the purpose of delivering or picking up passengers or property if the weapon is not removed from the vehicle or used in any way. Wis. Stat. § 948.61(3)(e).
 A person who possesses or uses a bow and arrow or knife while legally hunting in a school forest if the school board has decided that hunting may be allowed in the school forest. Wis. Stat. § 948.61(3)(f).

Can a person with a CCW license carry a concealed weapon other than a firearm on school premises?

Generally no, unless the licensee falls within one of the exceptions listed above. Wis. Stat. § 948.61(2) and (3).

Difficult to know where to start in replying to this "citation"

I added the paragraphs from the FAQ, before the included "citation" that identify this information as being summarized from Wisconsin Statute 948.61 which is titled: Dangerous weapons other than Firearms on school premises
https://docs.legis.wisconsin.gov/statutes/statutes/948/61 The paragraphs also indicated that this "exception" pertains to OTHER WEAPONS. This does not pertain to firearms.

As the title to that statute makes clear, THAT statute contains NO regulations, or exceptions, that apply to Firearms.

The statute that really applies to firearms on school grounds, is 948.605 Gun-free School Zones
https://docs.legis.wisconsin.gov/statutes/statutes/948/605

A regular, non-Leo person, with or without a CCL, who is IN or ON the school grounds (in a building, on foot, in a car, wheelchair, whatever) has to have the firearm unloaded and encased, OR unloaded and locked in a firearms rack that is mounted on a motor vehicle.

bigdaddy1 · Mar 1, 2012

What do you think the chances are of getting JB to provide an official opinion on this? Similar to his opinion on open carry? I think I will send a request.

Motofixxer · Mar 2, 2012

I have heard through the grapevine that locally the Leo's are being told to get a License to get around the schoolzone issue, and they are being told they can't be on school grounds unless they are on duty. So some of the regulations are being spread...But it is all hearsay at this point.

GlockRDH · Mar 2, 2012

 A person who engages in military activities sponsored by the federal or state government when acting in the discharge of his or her official duties. Wis. Stat. § 948.61(3)(b).

so is this the statute that might be used justify allowing the Veterans/VFW members to carry guns at the start of the Monona parade which starts AT the Monona-Grove High School? Ive wondered about that and how theyd get around carrying wherethey do...

revolverrandy · Mar 2, 2012

msteinhilber said:
I'm sure this was addressed here before, I remember seeing a thread but can't locate it since my search results bring up all the forums rather than just the WI sub-forum.

Anyways, my boy starts kindergarten later this year and I want to make sure my understanding of the law is correct - I do have my CCL.

From my understanding, if I am parked on the street I can carry openly or concealed as long as I don't step foot on school property. Should I pull into the school parking lot or bus loading/unloading zones many schools have, then I'll need to have my firearm unloaded and encased and out of reach. Sound about right?

Why don't you just follow the law instead of looking for ways around it?

bigdaddy1 · Mar 3, 2012

My point is the state contradicts itself in one section defining a "dangerous weapon" as a firearm among other things. Then splits that definition regarding the moronic GFSZ.

pkbites · Mar 3, 2012

Motofixxer said:
I have heard through the grapevine that locally the Leo's are being told to get a License to get around the schoolzone issue, and they are being told they can't be on school grounds unless they are on duty.

We've been told we had to stay out of school zones off duty for many years. And I was told by no less than the State Attorney Generals office that HR218 does not cover against the federal school zone law. The only officers that can carry off duty in a school zones are those who's department has written policies that indicate the officer is administratively on duty at all times.

msteinhilber · Mar 5, 2012

revolverrandy said:
Why don't you just follow the law instead of looking for ways around it?

Do you have the reading comprehension of a 2nd grader? I was clearly seeking clarification on what exactly the law was. Thank you for a amazing contribution to my thread, your insightful wisdom has gone a long ways in assisting me with my question. If only more contributors here could be as wonderfully helpful as you have, this place would be an even bigger gem amongst Internet forums than it already is. The world could learn a thing or two from you, oh wise one, thank you again!

That was sarcasm in case you couldn't comprehend this post too, douchebag.

Fast Ed · Mar 7, 2012

revolverrandy said:
Why don't you just follow the law instead of looking for ways around it?

Like previous posters, I want to know, EXACTLY what the law is. I drop my kids off every day at school. I carry concealed every day. I want to know if I am committing a Class I felony if I choose not to unload and lock up my concealed weapon while on school property. It's not an issue of trying to find a way around the law. It's an issue of trying to find out, FOR SURE, what the law is so I can make an informed decision. If I choose to follow the law, I want to know what it is.

Fast Ed

Otto Schreck · Mar 7, 2012

Fast Ed said:
Like previous posters, I want to know, EXACTLY what the law is. I drop my kids off every day at school. I carry concealed every day. I want to know if I am committing a Class I felony if I choose not to unload and lock up my concealed weapon while on school property. It's not an issue of trying to find a way around the law. It's an issue of trying to find out, FOR SURE, what the law is so I can make an informed decision. If I choose to follow the law, I want to know what it is.

Fast Ed

Oh too simple, if you wish to know EXACTLY in your area just set up a time to talk the local head of law enforcement.

bigdaddy1 · Mar 7, 2012

Otto Schreck said:
Oh too simple, if you wish to know EXACTLY in your area just set up a time to talk the local head of law enforcement.

1. There is no "area" involved. GFSZ's are statewide. However if you ask 3 different police chiefs you will most likely get 3 different answers.
2. Police do not interpret the law, they enforce the law.
3. The police are under no obligation to tell you the truth. (Established by SCOTUS)

Herr Heckler Koch · Mar 7, 2012

Otto Schreck said:
Oh too simple, if you wish to know EXACTLY in your area just set up a time to talk the local head of law enforcement.

The only proper advice is from a personal attorney paid to represent ones personal interests and bound by legal canons. Do not take advice from an enFORCER

Otto Schreck · Mar 7, 2012

Herr Heckler Koch said:
The only proper advice is from a personal attorney paid to represent ones personal interests and bound by legal canons. Do not take advice from an enFORCER

Da police are like my red solo cup full of schnaps, they are my friend.

mommaof3 · Mar 21, 2012

a momma's opinion

I just don't bring mine with. I drop off the kidlets everymorning, open enrollment, I drive 25 miles to get them there. I just don't bring it...Too much interpretation with laws can be made and I'd rather forego that hassle, although I don't like not bringing it with. That and the cop sits there everymorning at the driveway to the school right next to the crosswalk. He roams around the hallways too.

Interceptor_Knight · Mar 21, 2012

Fast Ed said:
Like previous posters, I want to know, EXACTLY what the law is. I drop my kids off every day at school. I carry concealed every day. I want to know if I am committing a Class I felony if I choose not to unload and lock up my concealed weapon while on school property. ..

School grounds with a firearm is a Felony.... (948.605) This is VERY clear cut. There is no exception for dropping off passengers.
948.601 clearly states "Other than firearms" right in the title.

Here is EXACTLY what the law is.

948.605
(2) Possession of firearm in school zone.
(a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is in or on the grounds of a school is guilty of a Class I felony. Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is within 1,000 feet of the grounds of a school is subject to a Class B forfeiture.

.
.
Exceptions...

948.605 (2) (b) Paragraph (a) does not apply to the possession of a firearm by any of the following:
1m. A person who possesses the firearm in accordance with 18 USC 922 (q) (2) (B) (i), (iv), (v), (vi), or (vii).
1r. Except if the person is in or on the grounds of a school, a licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).
2m. A state-certified commission warden acting in his or her official capacity.
3. That is not loaded and is:
a. Encased; or
b. In a locked firearms rack that is on a motor vehicle;
3m. A person who is legally hunting in a school forest if the school board has decided that hunting may be allowed in the school forest under s. 120.13 (38).

18 USC 922 (q) (2) (B) Subparagraph (A) does not apply to the possession of a
firearm -
(i) on private property not part of school grounds;
(iv) by an individual for use in a program approved by a school
in the school zone;
(v) by an individual in accordance with a contract entered into
between a school in the school zone and the individual or an
employer of the individual;
(vi) by a law enforcement officer acting in his or her official
capacity; or
(vii) that is unloaded and is possessed by an individual while
traversing school premises for the purpose of gaining access to
public or private lands open to hunting, if the entry on school
premises is authorized by school authorities.

MatieA · Mar 21, 2012

You left out this exemption:

Interceptor_Knight said:
(b) Paragraph (a) does not apply to the possession of a firearm by any of the following:
1m. A person who possesses the firearm in accordance with 18 USC 922 (q) (2) (B) (i), (iv), (v), (vi), or (vii).
1r. Except if the person is in or on the grounds of a school, a licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

Interceptor_Knight · Mar 21, 2012

MatieA said:
You left out this exemption:

What I did was quote the actual text of one exception mentioned in your quote of my quote which includes all of the exceptions......
In other words, I obviously didn't leave anything out since you quoted my post....:dude:

I didn't intend to list all exceptions separately. What I did was list the text of the Federal Code which is called out in the WI Statute.

MatieA · Mar 21, 2012

Interceptor_Knight said:
What I did was quote the actual text of one exception mentioned in your quote of my quote which includes all of the exceptions......
In other words, I obviously didn't leave anything out since you quoted my post....:dude:

I didn't intend to list all exceptions separately. What I did was list the text of the Federal Code which is called out in the WI Statute.

Well, I apologize then; it appeared that you had missed this line in your listing of exemptions so I thought I would point it out to you. Sorry.

Interceptor_Knight · Mar 21, 2012

I edited my post to group all of the exceptions together so there is no further confusion...

bigdaddy1 · Mar 22, 2012

Still boils down to double talk b/s. We the people should demand of our elected officials that this be corrected. I am writing to my legislators.

Carrying while dropping off/picking up kid from school (sorry, tried to search).

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Herr Heckler Koch

Guest

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member