imported post
948.605 Gun−free school zones. (1) DEFINITIONS. In this
section:
(a) “Encased” has the meaning given in s. 167.31 (1) (b).
(ac) “Firearm” does not include any beebee or pellet−firing
gun that expels a projectile through the force of air pressure or any
starter pistol.
(am) “Motor vehicle” has the meaning given in s. 340.01 (35).
(b) “School” has the meaning given in s. 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.
(2) 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;
2. If the individual possessing the firearm is licensed to do so
by a political subdivision of the state or bureau of alcohol, tobacco
and firearms in which political subdivision the school zone is
located, and the law of the political subdivision requires that,
before an individual may obtain such a license, the law enforcement
authorities of the political subdivision must verify that the
individual is qualified under law to receive the license;
3. That is not loaded and is:
a. Encased; or
b. In a locked firearms rack that is on a motor vehicle;
4. By an individual for use in a program approved by a school
in the school zone;
5. 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;
6. By a law enforcement officer or state−certified commission
warden acting in his or her official capacity; or
7. That is unloaded and is possessed by an individual while
traversing school grounds for the purpose of gaining access to
public or private lands open to hunting, if the entry on school
grounds is authorized by school authorities.
8. By a person who is legally hunting in a school forest if the
school board has decided that hunting may be allowed in the
school forest under s. 120.13 (38).
(3) DISCHARGE OF FIREARM IN A SCHOOL ZONE. (a) Any individual
who knowingly, or with reckless disregard for the safety of
another, discharges or attempts to discharge a firearm at a place the
individual knows is a school zone is guilty of a Class G felony.
(b) Paragraph (a) does not apply to the discharge of, or the
attempt to discharge, a firearm:
1. On private property not part of school grounds;
2. As part of a program approved by a school in the school
zone, by an individual who is participating in the program;
3. By an individual in accordance with a contract entered into
between a school in a school zone and the individual or an
employer of the individual; or
4. By a law enforcement officer or state−certified commission
warden acting in his or her official capacity.
History: 1991 a. 17; 1993 a. 336; 2001 a. 109; 2005 a. 290; 2007 a. 27.
948.61 Dangerous weapons other than firearms on
school premises. (1) In this section:
(a) “Dangerous weapon” has the meaning specified in s.
939.22 (10), except “dangerous weapon” does not include any
firearm and does include any beebee or pellet−firing gun that
expels a projectile through the force of air pressure or any starter
pistol.
(b) “School” means a public, parochial or private school 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.
(c) “School premises” means any school building, grounds,
recreation area or athletic field or any other property owned, used
or operated for school administration.
(2) Any person who knowingly possesses or goes armed with
a dangerous weapon on school premises is guilty of:
(a) A Class A misdemeanor.
(b) A Class I felony, if the violation is the person’s 2nd or subsequent
violation of this section within a 5−year period, as measured
from the dates the violations occurred.
(3) This section does not apply to any person who:
(a) Uses a weapon solely for school−sanctioned purposes.
(b) Engages in military activities, sponsored by the federal or
state government, when acting in the discharge of his or her official
duties.
(c) Is a law enforcement officer or state−certified commission
warden acting in the discharge of his or her official duties.
(d) Participates in a convocation authorized by school authorities
in which weapons of collectors or instructors are handled or
displayed.
(e) Drives a motor vehicle in which a dangerous weapon is
located onto school premises for school−sanctioned purposes or
for the purpose of delivering or picking up passengers or property.
The weapon may not be removed from the vehicle or be used in
any manner.
(f) Possesses or uses a bow and arrow or knife while legally
hunting in a school forest if the school board has decided that hunting
may be allowed in the school forest under s. 120.13 (38).
(4) A person under 17 years of age who has violated this section
is subject to the provisions of ch. 938, unless jurisdiction is
waived under s. 938.18 or the person is subject to the jurisdiction
of a court of criminal jurisdiction under s. 938.183.
History: 1987 a. 332; 1991 a. 17; 1993 a. 336; 1995 a. 27, 77; 2001 a. 109; 2005
a. 290; 2007 a. 27.
Pellet guns and BB guns are dangerous weapons under this section. Interest of
Michelle A.D. 181 Wis. 2d 917, 512 N.W.2d 248 (Ct. App. 1994).