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Thread: OPen carry in a GFSZ with a CCW?

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    Question OPen carry in a GFSZ with a CCW?

    My Brain is foggy and I am tired after 5 12hr days. A discussion at work led to the question. Can I open carry in a GFSZ with a CCW, or do I have to cover up? I did a search at the DOJ website and did not see anything specfic about this.

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    Regular Member XDFDE45's Avatar
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    With a CCL yes you can OC. Just not on school grounds obviously .
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    My Castle Doctrine Law

    Don't wish ill upon your enemy......plan it.

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    Founder's Club Member protias's Avatar
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    You can do anything you want, but I think you were referring to doing it legally. Yes, with a CCL, you are able to carry in a GFSZ, just not on the property as XDFDE45 said.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Thanks I have had to many long hour days and my brain was a bit foggy.

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Grizz272 View Post
    Thanks I have had to many long hour days and my brain was a bit foggy.
    Most questions can be answered in this thread:

    http://forum.opencarry.org/forums/sh...ou-should-know
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Regular Member MKEgal's Avatar
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    While their answers are correct, it's always best to read & understand the laws for yourself.

    WI 175.60
    Wisconsin's licensing scheme
    http://docs.legis.wi.gov/statutes/statutes/175/60/2/c
    175.60 (2) (c)
    Unless expressly provided in this section, this section does not limit an individual's right to carry a firearm that is not concealed.
    WI 948.605 (2)
    possession of firearm in a school zone
    http://docs.legis.wi.gov/statutes/statutes/948/605/2
    (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
    ...
    3. That is not loaded and is:
    a. Encased; or
    b. In a locked firearms rack that is on a motor vehicle
    ...
    18 USC 922 (q) (2)
    http://www.law.cornell.edu/uscode/text/18/922
    (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.
    Notice, please, that 18 USC 922 (q) (2) (b) (ii) was carved out by WI.
    That's the part of the federal "GF"SZ law that allows anyone with a license to be in the school zone.
    Federal law doesn't differentiate between the magical 1000' bubble & the actual grounds or building(s) of a school.

    Also note that 948.605 (2) (b) (3) (a) says that having an unloaded, encased firearm in a school is perfectly legal.
    I'm not suggesting anyone do it, because I know that there are cops & a DA somewhere who will be perfectly willing to ignore the law & make someone's life miserable just because they can.
    But it's legal.
    Last edited by MKEgal; 08-17-2012 at 06:26 PM.

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    In Wisconsin, any place that an individual can legally carry Concealed, that individual is also allowed to carry Open, with 1 exception.

    https://docs.legis.wisconsin.gov/sta...utes/943/II/13

    1. Any place mentioned in statute WI 943.13 and the carrier has been properly notifed or the area/building is legally posted with a sign that says "No open carry allowed"
    Last edited by E6chevron; 08-17-2012 at 09:33 PM.
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

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    Quote Originally Posted by MKEgal View Post
    While their answers are correct, it's always best to read & understand the laws for yourself.

    WI 175.60
    Wisconsin's licensing scheme
    http://docs.legis.wi.gov/statutes/statutes/175/60/2/c


    WI 948.605 (2)
    possession of firearm in a school zone
    http://docs.legis.wi.gov/statutes/statutes/948/605/2


    18 USC 922 (q) (2)
    http://www.law.cornell.edu/uscode/text/18/922

    Notice, please, that 18 USC 922 (q) (2) (b) (ii) was carved out by WI.
    That's the part of the federal "GF"SZ law that allows anyone with a license to be in the school zone.
    Federal law doesn't differentiate between the magical 1000' bubble & the actual grounds or building(s) of a school.

    Also note that 948.605 (2) (b) (3) (a) says that having an unloaded, encased firearm in a school is perfectly legal.
    I'm not suggesting anyone do it, because I know that there are cops & a DA somewhere who will be perfectly willing to ignore the law & make someone's life miserable just because they can.
    But it's legal.
    I knew I had read these somewhere but was unable to find them thanks.

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