WI Gun Free School Zone

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What is the punishment for having a gun in a school zone in WI if only charged at the WI leval and not the fedral leval? The reason I as is I am lookin at a reproduction cap and ball revlover and under fedral law it is not concired a gun and then if charged with a crime I wouldn't have to worry about felloney charges.

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Never mind, It is a feloney either way.

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Hillmann wrote:

What is the punishment for having a gun in a school zone in WI if only charged at the WI leval and not the fedral leval? The reason I as is I am lookin at a reproduction cap and ball revlover and under fedral law it is not concired a gun and then if charged with a crime I wouldn't have to worry about felloney charges.

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Although it does not have to be transferred, it is most definitely a firearm based on the definitions found in State and local ordinances..... It would qualify you for a felony charge based on State law...

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I Guess my next question is are sidewalks and roads private property I know that out of town not on state highways the land owner owns to the center of the road in most cases, what about in town. Here is the deffinition of provate property

943.13(1e)(e)

(e) "Private property" means real property that is not owned by the United States, this state or a local governmental unit.

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Hillmann wrote:

I Guess my next question is are sidewalks and roads private property I know that out of town not on state highways the land owner owns to the center of the road in most cases, what about in town. Here is the deffinition of provate property

943.13(1e)(e)

(e) "Private property" means real property that is not owned by the United States, this state or a local governmental unit.

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The sidewalk and that little strip of grass in between the sidewalk and the road is not private propertyin the eyes of municipalities.

This is one technicality which I am not willing to test. Because we are talking about potentially being charged for a felony, it is better to be safe.

Here is a quote from the "rules" for placing political signs....

When placing political yard or lawn signs on private property adjacent to the state highway system, keep the following guidelines in mind:

In urban areas, signs are prohibited from the roadway area to at least one foot past the sidewalk

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yeah, the penalty is a $10,000 fine and 3.5 years in Federal prison. Class I felony.

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ConfederateSoul wrote:

yeah, the penalty is a $10,000 fine and 3.5 years in Federal prison. Class I felony.

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SHouldn't it bestate prison unless you are charged in federal courtunder the nation's GFSZA.

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Hillmann wrote:

What is the punishment for having a gun in a school zone in WI if only charged at the WI leval

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Same monetry punishment that un-indicted felon Flynn would be subject to if charged, but may have to serve more time.

CLASS H FELONY
For a Class H Felony, the penalty is a fine of up to $10,000, or imprisonment of up to 6 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.

Wisconsin Laws On Adultery
Under Wisconsin law, if a married person has sexual intercourse with a person who is not his spouse, both parties commit the crime of adultery. Under Wisconsin law (WI Statute 944.16), adultery is a Class I felony.

The penalty for a Class I Felony is a fine of up to $10,000, or imprisonment of up to 3-1/2 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.

Why Is Adultery A Crime?
Under the laws of most states across the United States, adultery is not a crime. Wisconsin legislature imposed criminal sanctions upon the crime of adultery to preserve and protect the institution of marriage and family. In 2006, voters also voted a constitutional amendment defining the institution of marriage as being a legal marriage and contract between one man and one woman. That amendment also addressed the state's legal position on bigamy.

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This is a question that needs a judicial answer. From what I have determined in my research. Sidewalks and the green area between the sidewalk and city street is real estate for which the adjacent property owner holds fee tiltle (deed of ownership). It is under easment by a political sub-division for use by the public. In rural locations such as I live the property line extends to the center of the town road. The local government unit has a 33 foot easment from the center of the road. I have confirmed that issue by a recent survey. I have a quarter mile frontage on the road so in total 43,560 sqft, or roughly one acre, is under easement for which Istill hold deed an am liable for property tax.

Generally under theterms of easement the political sub-division generaly has the authority to regulate the construction, maintenance and manner of use (i.e. repair, blockage, clearing of ice and snow, posting of political signs etc.). It appears to me that the prohibition of posting political signs is effected by the terms of easement and not terms of ownership.

The big questions are: Do the terms of easement give temporary (for the life of the easement) ownership to the political sub division that holds the easement? Does the portion of the easement that is dedicated to "public use" become regulated by the statues that relate to public property? By law is it still deemed private property? If the former is true then why is the property owner liable for injury on a sidewalk and not the political sub-division?

These are all speculations on my part but they are questions that need a court decision. Unfortunately as Interceptor Knight stated the risk and penalty is too severe for us to challenge from a gun rights position. That is too bad, because if it would come to be ruled that sidewalks are privately owned butsubject to publicuse it could put a huge hole in the "school zone" law.

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Lammie,

You ask a good question. I think the answer can be found in the answer to the question of by what right are you on the property in question. When you are on the sidewalk in front of your house, you can rightfully say you are on your private property. You also could say you are on the public easement.

When you are on the sidewalk in front of someone else's house, unless they invited you, you are there (rightfully and not as a trespasser) because you are on the public easement. If you are there by right of a public easement, you can't very well claim to be on private property for school zone purposes.

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jrm:

Thank you for that response. What still perplexes me is that the gun free school statute does not define private property. It is unclear on whether it means a person's own private property or any property that is privately owned. Also if a person is on public easement in front of a business can it be presumed he is there by invite by virtue of the fact that the store is in the business of selling to the general public?

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Lammie wrote:

What still perplexes me is that the gun free school statute does not define private property.

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The statute for the most part mirrors the federal law written by Wisconsin's nobody senator Herb Kohl.

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The statute even steals language about the ATF, in a context that makes no sense.

Lammie, I think it's safe to say that private property on which you are an invitee is fair game, even if it's next door to a school. The sidewalk in front of the business? I suppose you could make an argument, but it's going to get tenuous when you don't really have any relationship with the business (just walking by).

Bottom line is that the school zone act is a crazy, unconstitutional infringement on a meaningful right to bear arms.

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Lammie wrote:

What still perplexes me is that the gun free school statute does not define private property. It is unclear on whether it means a person's own private property or any property that is privately owned.

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Because it does not specify your own private property, it can be safely stated that it means all private property whether you own it or not and whether you are invited or even welcome or not. The question in debate is whether a sidewalk and that little strip of grass is truly private property or not.