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Thread: OC / SCHOOL ZONE

  1. #1
    State Researcher lockman's Avatar
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    I spent 3 days up in Vilas County this weekend, OC’d the entire time except when sleeping. I intended to OC in Portage but Just about everywhere I scoped was littered with a school here or a school there. This will not be impossible but it will take a lot more planning than I originally thought. The 1000' exclusion zone must go that is the only real option to get from one end of town to the other withoutfacing a felony.

    So for now I still have restricted myself to rural and National Forest Where no schools would be within miles.

  2. #2
    Wisconsin Carry, Inc. Shotgun's Avatar
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    I assume you mean the City of Portage, not Portage County.

    I agree, the school zone statute has to go! Oddly it's an example where "ignorance" IS an excuse because it only forbids one from carrying a loaded or non-encased firearm where one KNOWS or has reasonable cause to believe is a school zone. So, apparently, the less familiar you are with an area, the better!

    Looks like you are supposed to unload and encase your firearm whenever you are about to enter a school zone on foot (of course in a vehicle you're supposed to already by unloaded and encased.)

    I find it interesting that there is a provision that states you can (theoretically) get a "license" issued by the municipalityto exempt you from the school zone law. Now I know of absolutely NO municipality in the state that issues such a license. But it might be quiteinteresting if people started "applying" to their respective municipalities for such licenses.

    Considering thereis probably NO REAL possibility of anyone getting the aforementioned license, one may speculate that this opens up a constitutional challenge to the entire statute on the grounds that there is no practical manner to exercise the constitutional right to bear arms within a school zone--- and we all remember that the WI SC has stated there HAS to be a way to exercise that right......
    A. Gold

    Failure to comply may result in discipline up to and including termination.
    The free man is a warrior. - Nietzsche "Twilight of the Idols"

  3. #3
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    I'm glad there are no schools in my town anymore. I was tempted to organize an OC get together but know that the people in this town wouldn't stand for it especially the police chief who we call Giggles now since he only responds to intelligent conversation with,"hehehe {typical ignorant statement} hehehe". Plus I doubt there would even be a turn out since everyones got busy lifes.

  4. #4
    Wisconsin Carry, Inc. Shotgun's Avatar
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    Last week (just before leaving for NY for a few days where I had my RKBA infringed at an entirely different level--- but that's another story) I stopped at the Madison City Clerk's office and enquired about getting a license for an exemption for the "school zone" prohibition. Naturally I got the expected puzzled looks on everyone's faces. "We issue 100 different licenses, but never heard of that one... blah blah."

    The ladies at the counter were friendly, pleasant and baffled. I told them I would write directly to the City Clerk so I could get a formal written reply to my enquiry. Now that I've returned to Wisconsin I will do that and will report the results here.
    A. Gold

    Failure to comply may result in discipline up to and including termination.
    The free man is a warrior. - Nietzsche "Twilight of the Idols"

  5. #5
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    A great start to getting rid of it altogether (which needs to happen) is to allow legally owned and carried firearms in vehicles on public roadways through the school zone. There should really be some sort of right-of-way clause! Write your representatives!

  6. #6
    Wisconsin Carry, Inc. Shotgun's Avatar
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    LOL.... very true. We already CAN take them through a school zone.... unloaded and encased!
    A. Gold

    Failure to comply may result in discipline up to and including termination.
    The free man is a warrior. - Nietzsche "Twilight of the Idols"

  7. #7
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    Shotgun, you made mention to reporting what they said to your inquiry, did they ever get back to you?

  8. #8
    Wisconsin Carry, Inc. Shotgun's Avatar
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    Well, as I posted above, I left town for NY for a few days. I'm back now, so I'll be sending a letter to the Clerk within a day or two. In light of past experience with gun-related letters to the City of Madison, I'd expect a long delay before getting a response, if any.
    A. Gold

    Failure to comply may result in discipline up to and including termination.
    The free man is a warrior. - Nietzsche "Twilight of the Idols"

  9. #9
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    An interesting twist on the school zone thing.....it places off-duty cops in the boat with the rest of us, that if they carry within 1000' they are also guilty of a felony! Normally LEOs are given a pass on everything, interesting here how they are just a regular citizen in this case.

  10. #10
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    It's my understanding that if you are licensed by the State, you are already exempt from the School Zone restriction.


    (B) Subparagraph (A) does not apply to the possession of a firearm—
    (i) on private property not part of school grounds;
    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a
    political subdivision of the State, and the law of the State or political subdivision requires that, before an
    individual obtains such a license, the law enforcement authorities of the State or political subdivision verify
    hat the individual is qualified under law to receive the license;
    (iii) that is—
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
    (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.

    In Michigan, with a CCW, one can open carry in a school or any other of our 'pistol free' zones; no, I haven't tried to OC at the school...


  11. #11
    Wisconsin Carry, Inc. Shotgun's Avatar
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    I don't know what law you quoted, jmlefler, but the Wisconsin statute says one must be licensed "by a political subdivision of the the state or the bureau of alcohol, tobacco and firearms." It doesn't say "by the state." In Wisconsin there IS no state license. "Political subdivisions" are things such as counties, villages, cities, school districts.....
    A. Gold

    Failure to comply may result in discipline up to and including termination.
    The free man is a warrior. - Nietzsche "Twilight of the Idols"

  12. #12
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    My understanding is that this is the reenacted Federal Gun Free School Zones Act.

    http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

    In Michigan, our CPL does read "Michigan Concealed Pistol License" but the review of information and issuance is on a county basis, a political sub-body. IMHO, I am exempt from the Federal Gun Free School Zones Act.

    Our hodge-podge of state laws is such that a school is a 'gun free zone' in that one cannot concealed carry in the school, nor can you open carry if you don't have a CPL. If you do have a CPL, you cannot concealed carry, BUT YOU CAN OPEN CARRY!

    go figure...

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