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Thread: Another schoolzone question

  1. #1
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    I just have a question. Maybe it was answered already, but I couldn't find anything on the board specific to my situation. Of course, I'm not good with search terms, so pointing me to the right thread would be helpful if it's up already.

    Anyway, I've been lurking the boards for a while and finally registered. Good weather is coming, and the family and I like to ride our bikes towards the lakefront area from home. I was considering open-carrying this year, to help the cause. Problem is that I'm locked within "school zones". In fact, an alleged "school" is right on my block, apparently. I didn't realize it was a school until the map was posted. Now, if I want to ride bikes, do I put my gun in a case, then carry the case in a backpack? Then, when I get three blocks away, (or out of the brown bubbles on the map), remove it from the case and holster it?

    I'm still pretty timid about the whole thing, and my wife doesn't fully support it yet, so I'm glad to see peoples' efforts here.

    Thanks in advance!

    -Ben

  2. #2
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    Welcome! first off make sure you know All of the laws regarding open carry.I think you might have to carry your gun in a case in one hand and walk your bike with the other until your out of the school zone. Then when out of the school zone holster it and ride! Don't open carry in Milwaukee county parks unless you want to challenge ordinance 47.05 in it's non compliance with Wisconsin's firearm pre-emption law.



    Here is the statute:

    948.605(2)
    (2)Possession of firearm in
    school
    (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a
    school
    (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


    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
    5. By an individual in accordance with a contract entered into between a
    school in the
    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
    8. By a person who is legally hunting in a
    school forest if the $xhitlist_md=target-id=0-0-0-40925]s. 120.13 (38).



    I wish we had an attorny on this site! lol

    Ben


  3. #3
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    Anyone know what the H 948.605(3)(b) is all about? b. In a locked firearm rack that is on a motor vehicle.

    If it refers to the typical racks one sees mounted in front of the rear window inside the cab of many pick up trucks I would suspect the requirement would be illegal in Wisconsin. The SSC has ruled in two different cases that locking a firearm in a glove compartment and locking a firearm in the center console of a SUV doesn't eliminate the "within reach" condition of concealment. It appears the "locked rack" requirement would be a moot point in court and certainly the firearm would be within reach. If the requirement doesn't address the type of rack I described then what kind of rack would it be referring to? Also the "or" condition would imply the firearm need not be encased if carried in a locked firearms rack which would be a violation of the vehicle firearms transport statute. The statute does not say encased and locked in a firearms rack----. It says encased or locked in a firearms rack---

    Just some more reasons the Gun-free school zone statute must go.

  4. #4
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    Yeah that is screwy as hell, why would it even be under 3? Maybe they mean on(as stated in wording under 3) the outside of the vehicle? Maybe it's ATV, or something. lol once againI wish we had a Wisconsinsin Lawyer that gave unofficial advice!

    Ben

  5. #5
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    Remember Wisconsin's innovative legislature just duplicated federal legislation (like they do with the state DOJ charging for a Wisconsin transfer check that the feds do for free.)

    Or maybe the Milwaukee anti-consitution legislative group thought all us rural hayseeds do the Texas pickup thing. :what:
    When in danger you can dial 911 and hope for the police to arrive a few minutes later armed with guns.
    Why do police carry guns?

    The Joyce Foundation funded firearm control empire:
    http://upload.wikimedia.org/wikipedi...lFundingR1.png

    "Everything that we see is a shadow cast by that which we do not see." - Martin Luther King Jr.

  6. #6
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    BJA wrote:
    Welcome! first off make sure you know All of the laws regarding open carry.I think you might have to carry your gun in a case in one hand and walk your bike with the other until your out of the school zone. Then when out of the school zone holster it and ride! Don't open carry in Milwaukee county parks unless you want to challenge ordinance 47.05 in it's non compliance with Wisconsin's firearm pre-emption law.

    It probably wouldn't help much if the Oak Leaf Trail that I would ride on is considered part of the Milwaukee County Park system. Also that GIANT school that is by the art museum puts a damper on my open-carry bike riding.

  7. #7
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    When you carry a visible firearm on a bicycle be aware of the state statute definition of vehicle.

    340.01(74); Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except railroad trains.

    You may quite possibly run afoul of statute 167.31(2)(b) which requires a firearm transported in or on a vehicle to be unloaded and encased so that no part of the firearm is visible. There is no mention that the statute applies only to motor vehicles.

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