Welcome aboard.
41ae said:
Can someone still be charged with the 1000 foot rule open carrying even if they don't know a school is there?
Can you be charged? Yes.
Would it stick? It shouldn't.
This is one law where ignorance is an excuse. The DA has to prove that you
a) possessed a firearm
b) knowingly possessed the firearm
c) knew or reasonably should have known that you were within the magical 1000' bubble.
and
d) you are not covered by one of the exceptions
Since school zones are not marked, that's hard.
Even then, it's only a ticket / fine (unless you're on school property, then it's a felony).
(Never believe what someone tells you; read the law yourself.
Here's a good place to look up WI laws, by number or key word.)
Here's the WI "gun-free" school zone law,
948.605
Section (2)(a) says in its entirety:
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. [
fine up to $10,000, prison up to 3.5 years]
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. [
fine not to exceed $1000]
Then paragraph (b) says:
Paragraph (a) does not apply to the possession of a firearm by any of the following:
3. That is not loaded and is:
a. Encased; or
b. In a locked firearms rack that is on a motor vehicle
(Also doesn't apply if you're on private property.)
Can you legally keep a loaded mag in the gun case with the gun while traveling in state?
Yes.
Our transport statute is
167.31
(1)(b) defines encased
(1)(g) defines unloaded (says nothing about the loaded magazine being in a separate container)
Here's a thread in the WI forum you might find useful:
New to OC in WI? Here's what you should know