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House in school zone

Section 8

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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. :(
 

bnhcomputing

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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!
 

patriotguy

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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.
 

jdm

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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.
 

AaronS

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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.
 

Woodchuck

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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.
 

Yooper

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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?
 

Nutczak

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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;



[align=left]948.605 Gun−free school zones. (1)
DEFINITIONS. In this[/align]

[align=left]section:[/align]

[align=left](a) “Encased” has the meaning given in s. 167.31 (1) (b).[/align]

[align=left](ac) “Firearm” does not include any beebee or pellet−firing[/align]

[align=left]gun that expels a projectile through the force of air pressure or any[/align]

[align=left]starter pistol.[/align]

[align=left](am) “Motor vehicle” has the meaning given in s. 340.01 (35).[/align]

[align=left](b) “School” has the meaning given in s. 948.61 (1) (b).[/align]

[align=left](c) “School zone” means any of the following:[/align]

[align=left]1. In or on the grounds of a school.[/align]

[align=left]2. Within 1,000 feet from the grounds of a school.[/align]


[align=left](2)
POSSESSION OF FIREARM IN SCHOOL ZONE. (a) Any individual[/align]

[align=left]who knowingly possesses a firearm at a place that the individual[/align]

[align=left]knows, or has reasonable cause to believe, is a school zone is[/align]

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.

 

Interceptor_Knight

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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...:cool:
 

pvtschultz

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Apr 22, 2009
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West Allis, WI, ,
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So are sidewalks private property in WI with public easements or are they public property which the adjacent property owner is responsible for clearing?
 

Interceptor_Knight

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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.
 
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