The GFZ question

Law abider · Apr 20, 2012

I read through Act-35. In it it mentiones GFZ. The one I am un clear about is the 1000ft froom schools. I understand that if I OC I MUST be 1000ft from the ecge of school property in ALL directions. But I am not clear if this applies to CC.

Appreciate your help.:question:

tomm1963 · Apr 20, 2012

Permission slip allows you in the zone but not ON school property.

Shotgun · Apr 20, 2012

To give a more complete answer: If you have a CC license, you can open carry or conceal carry in the GFSZ. If you have no license, you can open carry on private property within a 1000' of school ground. Or if you're on your own property or other land or buildings that you legally reside or occupy (e.g. land, your residence, your place of business) then you can conceal without a license if you choose.

Law abider · Apr 20, 2012

Shotgun said:
To give a more complete answer: If you have a CC license, you can open carry or conceal carry in the GFSZ. If you have no license, you can open carry on private property within a 1000' of school ground. Or if you're on your own property or other land or buildings that you legally reside or occupy (e.g. land, your residence, your place of business) then you can conceal without a license if you choose.

so if I DON"T have a CCL I MUST be 1000ft from school property. If I have CCL I am ALLOWED to be in a GFSZ REGARDLESS if I OC or CC. Is that correct?

Herr Heckler Koch · Apr 20, 2012

https://docs.legis.wisconsin.gov/statutes/statutes/948/605

948.605 Gun-free school zones.

(1) Definitions. In this section:
(a) "Encased" has the meaning given in s. 167.31 (1) (b).
(ac) "Firearm" does not include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.
(am) "Motor vehicle" has the meaning given in s. 340.01 (35).
(b) "School" has the meaning given in s. 948.61 (1) (b).
(c) "School zone" means any of the following:
1. In or on the grounds of a school.
2. Within 1,000 feet from the grounds of a school.

(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.
(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).

GreenCountyPete · Apr 20, 2012

and if you go to drop your child off at school you may drive onto school grounds , but may not handle the gun , or get out of your car , and the gun should stay concealed

this only applies if your are picking up dropping off or have business on school grounds .

this is all of course provided you have a CCL

unless you don't qualify for one , are admittedly apposed to a CCL for some reason , every one should get one

it is .83 cents a month , yes , it is a tax we shouldn't have to pay , but there are lots of other taxes i shouldn't have to pay either.

paul@paul-fisher.com · Apr 20, 2012

GreenCountyPete said:
and if you go to drop your child off at school you may drive onto school grounds , but may not handle the gun , or get out of your car , and the gun should stay concealed

this only applies if your are picking up dropping off or have business on school grounds .

this is all of course provided you have a CCL

unless you don't qualify for one , are admittedly apposed to a CCL for some reason , every one should get one

it is .83 cents a month , yes , it is a tax we shouldn't have to pay , but there are lots of other taxes i shouldn't have to pay either.

Can you provide a citation for this?

A loaded firearm cannot be on school grounds, even in a car unless you have specific permission from the school board.

Herr Heckler Koch · Apr 20, 2012

GreenCountyPete said:
and if you go to drop your child off at school you may drive onto school grounds , but may not handle the gun , or get out of your car , and the gun should stay concealed

this only applies if your are picking up dropping off or have business on school grounds .

The state law quoted above says no such thing.

AaronS · Apr 20, 2012

GreenCountyPete said:
and if you go to drop your child off at school you may drive onto school grounds , but may not handle the gun , or get out of your car , and the gun should stay concealed

this only applies if your are picking up dropping off or have business on school grounds .

this is all of course provided you have a CCL

unless you don't qualify for one , are admittedly apposed to a CCL for some reason , every one should get one

it is .83 cents a month , yes , it is a tax we shouldn't have to pay , but there are lots of other taxes i shouldn't have to pay either.

I have to agree with you on the "tax for a right" 100%, but I also have to agree with Paul. No carry at all on the grounds. The 1000 foot area would be fine, but not on the grounds.

paul@paul-fisher.com said:
Can you provide a citation for this?

A loaded firearm cannot be on school grounds, even in a car unless you have specific permission from the school board.

Jason in WI · Apr 21, 2012

GreenCountyPete said:
and if you go to drop your child off at school you may drive onto school grounds , but may not handle the gun , or get out of your car , and the gun should stay concealed

this only applies if your are picking up dropping off or have business on school grounds .

this is all of course provided you have a CCL

Not in WI!

Sent from my DROID2 GLOBAL using Tapatalk 2

Law abider · Apr 23, 2012

The answer from my CC instructor

you are right that the new law does not change the 1000' rule. However, the federal GFSZ (Gun-Free School Zone) has always had a small phrase in it that allows the state to override the 1000' zone with their permit or license. Because of that, here's how it plays out:

WITH a WI CCL, you can open carry or conceal carry a state-defined weapon within 1000' of a grades 1-12 school.
WithOUT a WI CCL, you cannot open carry or conceal carry a state-defined weapon within 1000' of a grades 1-12 school.

The combination of state and federal laws only addresses 'going armed' and does not specify a mode of carry. Open or concealed is up to you or other licensees who choose to enter the 1000' zone surrounding the school.

Herr Heckler Koch · Apr 23, 2012

Herr Heckler Koch said:
https://docs.legis.wisconsin.gov/statutes/statutes/948/605

948.605 Gun-free school zones. [ ... ]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).

No gun carrier can be on public property (as the highway) within 1000 feet of and not in or on school grounds.

Plankton · Apr 23, 2012

Herr Heckler Koch said:
No gun carrier can be on public property (as the highway) within 1000 feet of and not in or on school grounds.

A licensed carrier is excepted. Read your own quote.

E6chevron · Apr 24, 2012

Herr Heckler Koch said:
No gun carrier can be on public property (as the highway) within 1000 feet of and not in or on school grounds.

I am disappointed that you have continuted to inaccurately describe or summarize the Wisconsin law with respect to the Gun Free School Zone. It has been explained to you several times with extensive citations of statute, which is further suppported by the DOJ FAQ, and once again you insisted on what you must know are incorrect responses to clear questions.

A smart person, should not play such a stupid game.

Shame.

Herr Heckler Koch · Apr 24, 2012

Herr Heckler Koch said:
https://docs.legis.wisconsin.gov/statutes/statutes/948/605

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).

.

paul@paul-fisher.com · Apr 24, 2012

Law abider said:
WithOUT a WI CCL, you cannot open carry or conceal carry a state-defined weapon within 1000' of a grades 1-12 school.

To pick nits, there are several other exceptions as well.

"A person who possesses the firearm in accordance with 18 USC 922 (q) (2) (B) (i), (iv), (v), (vi), or (vii)."

(i) on private property not part of schoolgrounds;
(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.

bigdaddy1 · Apr 24, 2012

GreenCountyPete said:
and if you go to drop your child off at school you may drive onto school grounds , but may not handle the gun , or get out of your car , and the gun should stay concealed

this only applies if your are picking up dropping off or have business on school grounds .

this is all of course provided you have a CCL

unless you don't qualify for one , are admittedly apposed to a CCL for some reason , every one should get one

it is .83 cents a month , yes , it is a tax we shouldn't have to pay , but there are lots of other taxes i shouldn't have to pay either.

Sadly this is not correct, it SHOULD be but due to legalese double talk it isn't.

Plankton · Apr 24, 2012

E6chevron said:
I am disappointed that you have continuted to inaccurately describe or summarize the Wisconsin law with respect to the Gun Free School Zone. It has been explained to you several times with extensive citations of statute, which is further suppported by the DOJ FAQ, and once again you insisted on what you must know are incorrect responses to clear questions.

A smart person, should not play such a stupid game.

Shame.

Remember that Doug/Master Doug/Herr Heckler Huffman is above all of us "commoners". Elitists believe that they are above the rules, and so does Doug/Master Doug/Herr Heckler Huffman. Doug/Master Doug/Herr Heckler Huffman was banned from this forum, yet here he is. Honor and honesty are more important to some, than others. I guess bitter old men that live on tiny little islands have a lot of free time.....

Law abider · Apr 24, 2012

E6chevron said:
I am disappointed that you have continuted to inaccurately describe or summarize the Wisconsin law with respect to the Gun Free School Zone. It has been explained to you several times with extensive citations of statute, which is further suppported by the DOJ FAQ, and once again you insisted on what you must know are incorrect responses to clear questions.

A smart person, should not play such a stupid game.

Shame.

I am not playing games. I am trying to MAKE SURE that the GFSZ aka the 1000ft rule ONLY APPLIES TO OC WITHOUT A PERMIT and not to those WHO HAVE A CCL. If you have a CCL YOU MAY OC OR CC WITHIN THE GFGSZs BUT NOT ON SCHOOL PROPERTY. That is what my CCL insatructor wrote back. It is imperative that I understand that or else I will find myself behind bars and since this is blog consists of opinions and not to be used as a tool to interpret law. And since my property is not within the GFSZ I don't have to worry about the rest of the law pertaining to the matter.

paul@paul-fisher.com · Apr 24, 2012

Law abider said:
I am not playing games. I am trying to MAKE SURE that the GFSZ aka the 1000ft rule ONLY APPLIES TO OC WITHOUT A PERMIT and not to those WHO HAVE A CCL. If you have a CCL YOU MAY OC OR CC WITHIN THE GFGSZs BUT NOT ON SCHOOL PROPERTY. That is what my CCL insatructor wrote back. It is imperative that I understand that or else I will find myself behind bars and since this is blog consists of opinions and not to be used as a tool to interpret law. And since my property is not within the GFSZ I don't have to worry about the rest of the law pertaining to the matter.

Huh? Any private property, not just YOUR private property, you can OC within the 1000' buffer without a CCL. So, if you are at a mall next to a school, you can OC up to the property line, 1 inch from the school property. If you are at a friends house whose backyard is adjacent to a school, you can OC in his yard, if you walk down the street across from a school and stay on the other side of the sidewalk so that you are walking in people's front yards, you may OC (might get charged with trespassing, but not a GFSZ violation).

If you aren't going to take our advice, why are you here asking questions? Is your instructor a lawyer? If not, why are you taking his advice? The only legal advice is from a lawyer that you have a client relationship with.

The GFZ question

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