Results 1 to 14 of 14

Thread: House in school zone

  1. #1
    Regular Member
    Join Date
    May 2009
    Location
    , ,
    Posts
    2

    Post imported post

    When I look out my back windows, I see a school. I didn't think about it until the first time I transfered my weapons from the house to the car. Now it doesn't really bother me, mainly because it would be fairly ridiculous being arrested in my garage. Anyway, now I am leery of OC-ing in my yard. I think it is a bad idea, and liable to get me in a lot of trouble. Obviously carrying in school zones is illegal, the question is that being in my own yard matters or not. I still think it doesn't.

  2. #2
    Regular Member
    Join Date
    May 2009
    Location
    West Coast, Wisconsin, USA
    Posts
    306

    Post imported post

    You can open carry on private property within the school zone.

    http://opencarry.mywowbb.com/attachment.php?id=6302

    2nd page about school zones

  3. #3
    Regular Member AaronS's Avatar
    Join Date
    May 2009
    Location
    Milwaukee, Wisconsin, USA
    Posts
    1,497

    Post imported post

    You can carry on your yard, and in your house. It is yours not the schools.

  4. #4
    Regular Member
    Join Date
    May 2009
    Location
    , ,
    Posts
    2

    Post imported post

    Thanks!

    Here is the Legislature Data site with what you posted: WI State Site

  5. #5
    Founder's Club Member bnhcomputing's Avatar
    Join Date
    Dec 2007
    Location
    Wisconsin, USA
    Posts
    1,709

    Post imported post

    Welcome to OpenCarry.org.

    OC on your own personal property is legal.

    Feel free to browse the forums, readthe posts to see what others have done / are doing, ask as many questions as you like, and then carry on!

  6. #6
    Regular Member
    Join Date
    Apr 2009
    Location
    New Berlin, WI, ,
    Posts
    102

    Post imported post

    Section 8,
    Welcome. I am in a similar situation in that my home is within 1000 ft of school property. On my property I'm fine. I step into the street, I'm "breaking the law".

    The links that others have posted should tell you all you need to know. Also, browse some of the other posts regarding where to OC, and others' experiences. Feel free, however, to ask questions as you need.

    Regards.

  7. #7
    Regular Member
    Join Date
    Nov 2008
    Location
    southwest, Wisconsin, USA
    Posts
    4

    Post imported post

    I also live a stones throw from a school.I have oc'd on the sidewalk, and in the street around my house. I've watched the chief and other officers drive by and neverheard a word about it.

  8. #8
    Regular Member AaronS's Avatar
    Join Date
    May 2009
    Location
    Milwaukee, Wisconsin, USA
    Posts
    1,497

    Post imported post

    jdm wrote:
    I also live a stones throw from a school.I have oc'd on the sidewalk, and in the street around my house. I've watched the chief and other officers drive by and neverheard a word about it.
    Thats just not safe to do in the Milwaukee area. Our cops are waiting to get people in school zones.

  9. #9
    Regular Member
    Join Date
    May 2009
    Location
    West Coast, Wisconsin, USA
    Posts
    306

    Post imported post

    jdm wrote:
    I also live a stones throw from a school.I have oc'd on the sidewalk, and in the street around my house. I've watched the chief and other officers drive by and neverheard a word about it.
    Sure doesn't mean they can't push it and make you a felon. You would really have no defense.

  10. #10
    Regular Member Yooper's Avatar
    Join Date
    Aug 2008
    Location
    Houghton County, Michigan, USA
    Posts
    808

    Post imported post

    If it's any comfort, the U.S. Supreme court struck down the original GFSZA as unconstitutional. I believe the current one still stands because nobody has fought a violation.

    I'm sure they've charged drug dealers with it, but considering the other weapons charges, and drug charges they're probably violating, the GFSZA is not a high concern to them.

    I'm willing to bet that if some otherwise law abiding citizen got charged with a GFSZA violation, that (if it made it to the Supreme court) the law would be overturned, at least with the current S.C. make-up.

    The grade and high schools that I went to have nothing but forests behind them for miles. I don't think the supreme court would uphold a law where a hunter, hiker, or someone else who possessed a handgun, or other firearm may not have even known he was within 1000' of a school. Convicted of a felony, and banned from owning a gun for life because of some unmarked, unknown boundry?
    Rand Paul 2016

  11. #11
    Regular Member
    Join Date
    Dec 2008
    Location
    The Northwoods, lakeland area, Wisconsin, USA
    Posts
    2,170

    Post imported post

    Yooper wrote:
    The grade and high schools that I went to have nothing but forests behind them for miles. I don't think the supreme court would uphold a law where a hunter, hiker, or someone else who possessed a handgun, or other firearm may not have even known he was within 1000' of a school. Convicted of a felony, and banned from owning a gun for life because of some unmarked, unknown boundary?
    There is actually wording in the statute that says you have to be aware you are in a school zone to be found guilty of the charge. I find it odd, but hey! Ignorance of the law is not a valid argument anyplace else except if you accidentally carry into a school zone. So what does a guy do in court, plead idiocy?

    Here is a snip of the statute;



    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.

    This would lead me to beleive that a guy would be better off not carrying a map that depicts school zones, becuase if you accidentally wander into a school zone withe the map, you then have no defense to say "I didn't Know it was a school zone" it is really F-ed upIMO.





  12. #12
    Regular Member Interceptor_Knight's Avatar
    Join Date
    May 2007
    Location
    Green Bay, Wisconsin, USA
    Posts
    2,839

    Post imported post

    Yooper wrote:

    The grade and high schools that I went to have nothing but forests behind them for miles. I don't think the supreme court would uphold a law where a hunter, hiker, or someone else who possessed a handgun, or other firearm may not have even known he was within 1000' of a school. Convicted of a felony, and banned from owning a gun for life because of some unmarked, unknown boundry?
    The exception is for Private Property. That means ANY private property, not just your personal property...

  13. #13
    Campaign Veteran
    Join Date
    Apr 2009
    Location
    West Allis, WI, ,
    Posts
    299

    Post imported post

    So are sidewalks private property in WI with public easements or are they public property which the adjacent property owner is responsible for clearing?
    Ecclesiastes 10:2 - "A wise man's heart inclines him to the right, but the fool's heart to the left."

  14. #14
    Regular Member Interceptor_Knight's Avatar
    Join Date
    May 2007
    Location
    Green Bay, Wisconsin, USA
    Posts
    2,839

    Post imported post

    pvtschultz wrote:
    So are sidewalks private property in WI with public easements or are they public property which the adjacent property owner is responsible for clearing?
    Since sidewalks are considered public and you are prohibited from blocking them etc, I certainly would not wish to test the WI gun free school zonelaw by open carrying down any sidewalk in a school zone or even by standing on the sidewalk in front of my house. They appear to be public even though the adjacent priveate property owner is responsible to clear them. The adjacent property owner is not responsible if someone slips and falls down on the sidewalk.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •