Shotgun
Wisconsin Carry, Inc.
imported post
OK, I've been running this through my mind for a while. Here's the language of the Wisconsin "school zone" statute:
POSSESSION OF FIREARM IN SCHOOL ZONE. (a) Any individual
who knowingly possesses a firearm at a place that the individual
knows, or has reasonable cause to believe, is a school zone is
guilty of a Class I felony.
(b) Paragraph (a) does not apply to the possession of a firearm:
1. On private property not part of school grounds.
Consider this. Most sidewalks are on private property. Sure the public uses them, but the property upon which they sit is private, owned by the homeowner or business owner. The sidewalk is there by virtue of a "sidewalk easement" but the property is private. This is clear because the city will fine YOU, the property owner, if you don't shovel the snow on the sidewalk ON YOUR PROPERTY. And if somebody tripped on a poorly maintained or icy sidewalk, they will sue the property owner, not the city. Finally, the government wouldn't need a sidewalk easement to put a sidewalk across your property if it was government property and not yours.
A publicly owned sidewalk would be only those placed on the school property itself or other property owned by a governmental entity. In other words, a very small percentage of all sidewalks.
The obvious implication is that if the school zone law means what it says-- and the language is not vague-- one ought not to be subject to arrest under that law if one stays on sidewalks that aren't in front of schools or other government buildings-- even if that sidewalk is within 1000 feet of school property or even right across the street from a school.
Thoughts anyone?
OK, I've been running this through my mind for a while. Here's the language of the Wisconsin "school zone" statute:
POSSESSION OF FIREARM IN SCHOOL ZONE. (a) Any individual
who knowingly possesses a firearm at a place that the individual
knows, or has reasonable cause to believe, is a school zone is
guilty of a Class I felony.
(b) Paragraph (a) does not apply to the possession of a firearm:
1. On private property not part of school grounds.
Consider this. Most sidewalks are on private property. Sure the public uses them, but the property upon which they sit is private, owned by the homeowner or business owner. The sidewalk is there by virtue of a "sidewalk easement" but the property is private. This is clear because the city will fine YOU, the property owner, if you don't shovel the snow on the sidewalk ON YOUR PROPERTY. And if somebody tripped on a poorly maintained or icy sidewalk, they will sue the property owner, not the city. Finally, the government wouldn't need a sidewalk easement to put a sidewalk across your property if it was government property and not yours.
A publicly owned sidewalk would be only those placed on the school property itself or other property owned by a governmental entity. In other words, a very small percentage of all sidewalks.
The obvious implication is that if the school zone law means what it says-- and the language is not vague-- one ought not to be subject to arrest under that law if one stays on sidewalks that aren't in front of schools or other government buildings-- even if that sidewalk is within 1000 feet of school property or even right across the street from a school.
Thoughts anyone?