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Definition of a School.

rightwinglibertarian

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Mar 22, 2014
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Seattle WA
I'm not sure if this comes under federal law, state or both but what actually is a school? Is there a difference between a school in session and not? For example voting in the summer, school is not in session.What about as the schools attached to churches or even families that homeschool? It pays to be very sure as i'm sure there are LEOs who would jump at the chance to steal another citizens firearm.
 

skidmark

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Valhalla
According to the GFSZ a school is where accredited instruction in any of the grades K - 12 takes place. Schools do not stop being schools on the weekends or during school vacations, or when the local community players put on "The Sound of South Pacific''s Seven Brothers*".

Public schools, parochial schools, independent/unaffiliated schools. If it has just a nursery school/day care center it is not a school. Some of the church schools are pre-K to grade 3 or 4. They are GFSZs. Because the school part has an inside physical connection to the rest of the building, the whole place is a GFSZ. (And I'm not eager to go to federal court and put up a defense that because the church building is not physically connected to the school I should be allowed a pass for bringinng a gun to church (otherwise legal where I live).

And remember, the GFSZ extends 1000 feet from the outer boundary of the school property, not from the outside of the school building.

stay safe.

* - It was a great musical comedy. Have not laughed so much since seeing that several years ago.
 

rightwinglibertarian

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According to the GFSZ a school is where accredited instruction in any of the grades K - 12 takes place. Schools do not stop being schools on the weekends or during school vacations, or when the local community players put on "The Sound of South Pacific''s Seven Brothers*".

Public schools, parochial schools, independent/unaffiliated schools. If it has just a nursery school/day care center it is not a school. Some of the church schools are pre-K to grade 3 or 4. They are GFSZs. Because the school part has an inside physical connection to the rest of the building, the whole place is a GFSZ. (And I'm not eager to go to federal court and put up a defense that because the church building is not physically connected to the school I should be allowed a pass for bringinng a gun to church (otherwise legal where I live).

And remember, the GFSZ extends 1000 feet from the outer boundary of the school property, not from the outside of the school building.

stay safe.

* - It was a great musical comedy. Have not laughed so much since seeing that several years ago.

Isnt this where having a permit helps. IIRC if you have a permit in WI there is no 1000 feet restriction. Now.... if I were to get a CCW, would I have to disarm before entering the church/school parking lot or would I be safe enough to remove mag, put it in one place in a vehicle and the gun in another compartment?
 

Teej

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, Wisconsin, USA
According to the GFSZ a school is where accredited instruction in any of the grades K - 12 takes place. Schools do not stop being schools on the weekends or during school vacations, or when the local community players put on "The Sound of South Pacific''s Seven Brothers*".

1-12 not K-12.
 

wimwag

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Doug
1-12 not K-12.


Correct. I believe the exclusion of Kindergartens is due to many schools having only half days or partial weeks for kindergarteners. Where we juat moved, all day kindergarten is a new thing this year. (lucky for me.)
 

protias

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Isnt this where having a permit helps. IIRC if you have a permit in WI there is no 1000 feet restriction. Now.... if I were to get a CCW, would I have to disarm before entering the church/school parking lot or would I be safe enough to remove mag, put it in one place in a vehicle and the gun in another compartment?

WI doesn't have a permit, it has licenses.
 

MKEgal

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in front of my computer, WI
Here's the federal law:
http://www.law.cornell.edu/uscode/text/18/921

18USC921(a)(26)
The term “school” means a school which provides elementary or secondary education, as determined under State law.
(So could be K-12 or 1-12.)

18USC921(a)(25)
The term “school zone” means—(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.


Here's the WI law:
http://docs.legis.wisconsin.gov/statutes/statutes/948/605

948.605(1)
(b) "School" has the meaning given in 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.

948.61(1)(b)
http://docs.legis.wisconsin.gov/statutes/statutes/948/61/1/b
"School" means a public school, parochial or private school, or tribal school, as defined in 15.001(15m), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.

15.001(15m)
http://docs.legis.wisconsin.gov/statutes/statutes/115/I/001/15m
Tribal school is K-12, with some stipulations on who controls it.

************************

Yes, having a ccl protects us from persecution for being on public property in the school zone.
But WI ignores the part of the federal "GF"SZ law which allows licensees to be in the school or zone.
Idiots. Endangering children for no good reason.
 
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sheepdog

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Mar 12, 2008
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299
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Texas
Isnt this where having a permit helps. IIRC if you have a permit in WI there is no 1000 feet restriction. Now.... if I were to get a CCW, would I have to disarm before entering the church/school parking lot or would I be safe enough to remove mag, put it in one place in a vehicle and the gun in another compartment?

...here's the text of the Federal Gun Free School Zone Act of 1996:

http://www.law.cornell.edu/uscode/text/18/922 scroll down to q (2) read B (ii)
 
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rightwinglibertarian

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Mar 22, 2014
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Seattle WA
Great. Go to worship, put your life in your hands just because they decide to have a school that teaches decent history instead of the propaganda of Common Core. Thats real clever *eyeroll*
 

Wstar425

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Jul 1, 2014
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Tomahawk and Abbotsford, Wi.
My wife is a school District Administrator in N Wisconsin. We both have our Wi CCL and open carry in the summer. I keep a gun case in my truck in case she calls while I am in town and needs me to bring her lunch, for example. I unload and encase off property, then drive onto school property. The way I read the law I could carry an unloaded, encased firearm right into the school as that would be "in or onto" school grounds. I don't. I like that idea better than leaving it in my vehicle, can't be stolen and also available, but........see next paragraph.

I've talked to a bunch of LEO and have gotten everything from stay off 1000 feet to yes you are correct. They can't all be right, so apparently it is confusing? I don't care to be a test case, nor cause her to lose her job. She makes way more than I do!

Also, the Police do not carry into the school building because they are the Police, but because there is an exception to the law written specifically for them. There are also 7 other exceptions to the school gun law that allow some type of carry on school property, for non LEOs. My wife could make me a security officer, for example. She hasn't, and I don't want to be one. I believe her school has a board policy on this, but lacking that it is up to the Administrator.

I don't know how the Fed GFSZ works with this, but that's what I make out of the Wisconsin law.
 
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vinchenzo

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Dec 23, 2012
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Wisconsin
Okay... I'm sure this has been addressed on the forums, but we're talking about "schools" here, so I figured it's as good a spot as any to bring it up...

How does any GFSZ law, or any WI State Statute, apply to technical schools and colleges? Specifically for my interests, the Truax Campus of MATC. Is there any State Statute banning carry on premise, or is it like a business that can post if they want?


Basically, if I go to MATC for a class or a visit or something, can I carry on campus, and/or in building? Or is there a Statute/Law forbidding firearms on the campus period.
 

protias

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Dec 18, 2008
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SE, WI
Okay... I'm sure this has been addressed on the forums, but we're talking about "schools" here, so I figured it's as good a spot as any to bring it up...

How does any GFSZ law, or any WI State Statute, apply to technical schools and colleges? Specifically for my interests, the Truax Campus of MATC. Is there any State Statute banning carry on premise, or is it like a business that can post if they want?


Basically, if I go to MATC for a class or a visit or something, can I carry on campus, and/or in building? Or is there a Statute/Law forbidding firearms on the campus period.

Post 2: http://forum.opencarry.org/forums/s...-of-a-School&p=2081123&viewfull=1#post2081123

Colleges can ban the buildings but not the property (under WI law).
 

aadvark

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Wstar425:

Wisconsin Code 948.605 Governs Firearms within 'School-Safety Zones'.

The Code can be Viewed here: http://docs.legis.wisconsin.gov/statutes/statutes/948/605

Basically, under (2)(b)(1r) a Licensee is Exempt from The Prohibition, unless; The Licensee is Actually in, or on The Grounds of, a School.

To put it another Way..., The '1000' Rule' does NOT Apply to or Effect a Licensee, but The Licensee CANNOT Enter The Grounds of a School or The School Building. Furthermore, under 18 U.S.C. 922(q)(2)(B)(i) and (2)(b)(1m), a Person who is in, on, or within PRIVATE PROPERTY not Part of a School is Completely Exempt, whether or not The Property is within 1000' of a School and whether or not The Person has a License.

aardvark

*** A Person who is NOT a Licensee and Who Possesses a Firearm within 1000' of a School is Subject to Class B Forfeiture. However, Class B Forfeiture is Legally Different than an Arrest, as This Type of Forfeiture only Includes a Fiduciary Punishment. ***
 
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