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Will this ruling help us here in wisconsin?

Law abider

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No. Michigan is in the Eighth Circuit, and Wisconsin is in the Seventh Circuit, US Court of Appeals. I believe that it will have to go to SCOTUS to achieve jurisdiction over Wisconsin.

I understand that any major federal ruling on a constitutional issue or otherwise becomes a precedence/case law that affect other states.
 

Jimmy1791

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Oh my god we can't have guns on school property guys! Guns are dangerous! Says every liberal out there. I'm glad that guy won. Good for him and his state. Stuff like this with huge media coverage would spark a ton of debates. We could only hope we can carry on school grounds. Because a sign that says "all teachers are armed and any hostility towards children will be met with deadily force" would be a great crime deterrent.

On a side note everytime I wrote deadily, my phone likes to change it to readily. My phone phone may be a pacifist.
 
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paul@paul-fisher.com

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A Michigan dad won big time in court for OCing in a federal GFSZ when he went to pick up his daughter. Will this case now help us here in Wisconsin to enable law abiding citizens to carry into school grounds OC or CC?

http://www.theblaze.com/stories/201...ed-gun-inside-daughters-gun-free-zone-school/

This is a state court decision, not Federal.

Federal GFSZ already allows you to open or conceal on school grounds as long as you have a CCL from the state where the school is located. In this case, Michigan had some weirdly written laws that only allowed OC on school grounds, as affirmed by this judge.

Wisconsin could allow open and conceal carry inside of schools anytime they want.
 

1245A Defender

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Well,,,

This is a state court decision, not Federal.

Federal GFSZ already allows you to open or conceal on school grounds as long as you have a CCL from the state where the school is located. In this case, Michigan had some weirdly written laws that only allowed OC on school grounds, as affirmed by this judge.

Wisconsin could allow open and conceal carry inside of schools anytime they want.

The Fed GFSZ law does NOT allow nor disallow guns on school grounds nor in the buildings!
This is Totally a matter of State law.

The Fed GFSZ law Only controls the 1000ft zone around the school property,, In every State!
The license/permit to CC in the State where the school is located
is Required just to get to the school property,,, In every State!
 

paul@paul-fisher.com

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The Fed GFSZ law does NOT allow nor disallow guns on school grounds nor in the buildings!
This is Totally a matter of State law.

The Fed GFSZ law Only controls the 1000ft zone around the school property,, In every State!
The license/permit to CC in the State where the school is located
is Required just to get to the school property,,, In every State!

Well, no ****. Laws usually preclude stuff.

My point is that it isn't the Federal GFSZ law that is making people felons on school grounds if they have a CCL. It's the state.

My other point is that this is a Michigan case about the Michigan law and therefore has no bearing on Wisconsin.
 
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Law abider

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This is a state court decision, not Federal.

Federal GFSZ already allows you to open or conceal on school grounds as long as you have a CCL from the state where the school is located. In this case, Michigan had some weirdly written laws that only allowed OC on school grounds, as affirmed by this judge.

Wisconsin could allow open and conceal carry inside of schools anytime they want.

Is the federal GFSZ a thousand foot rule? I thought it was a felony to carry inside school grounds. But you seem to be saying we can carry inside school grounds but not inside the building.
 

protias

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SE, WI
Is the federal GFSZ a thousand foot rule? I thought it was a felony to carry inside school grounds. But you seem to be saying we can carry inside school grounds but not inside the building.

As Paul stated earlier, MI law does not prohibit the carry of firearms opening inside of schools. WI still does prohibit this.
 

Law abider

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Ellsworth Wisconsin
As Paul stated earlier, MI law does not prohibit the carry of firearms opening inside of schools. WI still does prohibit this.

Yep got it. As I thought. Hope this changes for us. What a dumb restriction.

A person who is a CCW licensee or out-of-state CCW licensee may possess a firearm within 1,000 feet of the grounds of a school, but not in or on school grounds. Wis. Stat. § 948.605(2)(b)1r.
 

notalawyer

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Florida
The Fed GFSZ law does NOT allow nor disallow guns on school grounds nor in the buildings!
This is Totally a matter of State law.

The Fed GFSZ law Only controls the 1000ft zone around the school property,, In every State!
The license/permit to CC in the State where the school is located
is Required just to get to the school property,,, In every State!

Ummm....no. Wrongo MaryLou!

The definition of school zone (and school) as defined in 18 USC 921(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.

(26) The term “school” means a school which provides elementary or secondary education, as determined under State law.

Notwithstanding the unconstitutional nature of the law.
 
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apjonas

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Just a few things

No. Michigan is in the Eighth Circuit, and Wisconsin is in the Seventh Circuit, US Court of Appeals. I believe that it will have to go to SCOTUS to achieve jurisdiction over Wisconsin.


Michigan is in the 6th Circuit. Decisions from other circuits have persuasive not mandatory authority in other circuits. If you mean that only SCOTUS can make an out of circuit decision binding in Wisconsin, you are correct.

This was a state case, not federal. The term circuit refers to the state trial court of general jurisdiction. This case could migrate to the federal system but it ain't there yet.

Others have addressed the impact of the federal GFSZ statute. Pays to have a permit.

Well there still seems to be a dispute. Think of it this way. You have to jump through two hoops to carry in a school zone. Federal and State. The federal hoop says no carry in the zone (school property + 1000 feet) unless you have a permit from the state of interest. It doesn't matter if you are a nonresident if the state issues NR permits. You cannot use an OOSL to carry in a SZ, even if the state says you can. The state hoop - some states like WI took this beautiful federal exception and rendered it meaningless to a great degree by imposing a school property restriction to carry. So in Wisconsin, permit holders are ok in the buffer zone but not on the property. Other states vary. Neither MI nor WI issues nonresident permits so only residents may take advantage of whatever lessened restrictions there are.
 
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apjonas

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Not Quite

The Fed GFSZ law does NOT allow nor disallow guns on school grounds nor in the buildings!
This is Totally a matter of State law.

The Fed GFSZ law Only controls the 1000ft zone around the school property,, In every State!
The license/permit to CC in the State where the school is located
is Required just to get to the school property,,, In every State!

Incorrect. Federal law sez

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.


The permit provides an exception to this prohibition. You also have to meet the requirements of state law which may or may not be in synch with the federal law.
 

apjonas

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Sorry for poaching on your answer

Ummm....no. Wrongo MaryLou!

The definition of school zone (and school) as defined in 18 USC 921(a):





Notwithstanding the unconstitutional nature of the law.



Tired and didn't see it.
 

apjonas

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Almost

Yep got it. As I thought. Hope this changes for us. What a dumb restriction.

A person who is a CCW licensee or out-of-state CCW licensee may possess a firearm within 1,000 feet of the grounds of a school, but not in or on school grounds. Wis. Stat. § 948.605(2)(b)1r.

Such carry would be permitted under WI law but would still be illegal under federal law. Despite a good attempt, WI cannot tell the feds which permits qualify.
 

apjonas

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Not Completely

This is a state court decision, not Federal.

Federal GFSZ already allows you to open or conceal on school grounds as long as you have a CCL from the state where the school is located. In this case, Michigan had some weirdly written laws that only allowed OC on school grounds, as affirmed by this judge.

Wisconsin could allow open and conceal carry inside of schools anytime they want.

By removing the state restriction, permit holders could carry on school grounds. Only WI residents that is because an OOSL does not meet the feds standards and WI does not issue to non-residents.
 

apjonas

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I understand that any major federal ruling on a constitutional issue or otherwise becomes a precedence/case law that affect other states.


If the other state is in the same circuit but it also depends on the who made the decision - a panel or full court.
 
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