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guns in school zone?

wisopen1990

New member
Joined
Feb 14, 2013
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7
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ladysmith
The Barron community center is having a gun show coming up on the 22 and is only about 150 feet from a elementary school how does this work with the law prohibiting guns within 1000 feet of a school and if it is ok for them then is it ok to OC there also or should i ask there local LEO to get it ok'd
 

pkbites

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Jun 2, 2006
Messages
773
Location
Milwaukee, Wisconsin, ,
The Barron community center is having a gun show coming up on the 22 and is only about 150 feet from a elementary school how does this work with the law prohibiting guns within 1000 feet of a school and if it is ok for them then is it ok to OC there also or should i ask there local LEO to get it ok'd

The show promoter rented the space, therefore for the duration of the time rented it becomes private property, thus exempt from the school zone law.
 

bnhcomputing

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Dec 13, 2007
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Location
Wisconsin, USA
The Barron community center is having a gun show coming up on the 22 and is only about 150 feet from a elementary school how does this work with the law prohibiting guns within 1000 feet of a school and if it is ok for them then is it ok to OC there also or should i ask there local LEO to get it ok'd
The simple answer is NO.

Carrying IN the community center may be allowed, that is up to the "show promoter," but that isn't the problem.

The problem is the school 150ft away. Unless you have the WI CCL, you CANNOT carry a loaded firearm within the school zone. It must be unloaded and encased or in a firearms wrack.

I would suggest to error on the side of caution and not carry as it is a FEDERAL offense to carry in a school zone.
 

MKEgal

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Jan 8, 2010
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in front of my computer, WI
wisopen1990 said:
The Barron community center
Probably city (public) property, but check to be sure. Maybe try the assessor's office? (Not sure who maintains the platte maps.)

about 150 feet from a elementary school
If it's not the same grounds as the school, the same parcel of land, it's the same as standing on the street in front of the school - perfectly OK as long as you have your WI carry license. But know where the edge of the property is & don't go there!

is it ok to OC there also or should i ask there local LEO to get it ok'd
If it's not school property, AND you have your WI cc license, AND the venue is not posted "law-abiding gun owners keep out", then it's legal to OC or cc.
Or if it's school property, then they've obviously consented to the event & it's legal to possess there.

And no, don't ask a LEO to get permission. First, they can't give a dispensation from the law. Second, while there are exceptions (many of the LEO on this site) many don't know what the law actually says, probably mostly because it's not something that's used every day & they've got lots to remember.

The WI statute is 948.605 with the exceptions in (2)(b)
(2)(b)(1m) recognizes i, iv, v, vi, & vii of the federal "GF"SZ code [below]
(1r) exempts a licensee who is not on the grounds, but on public property within the magical 1000' bubble
(2m) commission warden on duty
(3) U&E
(3m) hunting in a school forest

The federal code is 18USC922 (q)(2), with the exceptions to the blanket "you can't have a functional firearm in a school or within 1000 feet" in (q)(2)(b):
(i) private property
(ii) licensees
(iii) unloaded & in a locked container
(iv) program approved by the school
(v) terms of a contract
(vi) LEO on duty
(vii) unloaded, traversing school property to get to hunting grounds

bnhcomputing said:
err on the side of caution and not carry as it is a FEDERAL offense to carry in a school zone.
It's only a crime if s/he doesn't have a WI cc license, and then it's both a state and federal felony.

If it is public property, I'd be very curious to know how many of the exhibitors & attendees (who handle firearms there) have a WI cc license, & how many who don't are arrested.
Or if, as pk says, the building & grounds become private property by virtue of being rented by a private company. Haven't heard that theory before, but it's both interesting & promising.
 
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