School zone question

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Master Doug Huffman wrote:


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.
[/quote]

this is just me personally, but since there are so many different laws for different geographical locations, and they don't "communicate" with each other, i personally would abide by the law written for school zone. and the parts i highlighted above are the parts i would go by when in a SCHOOL ZONE.

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Where do you find the exception in 941.23 for a school zone? Will you argue that you can have a dangerous weapon on your person or within reach while you are
aware of the weapon’s presence because it is encased as required by 948.605? Or that 948.605 encasement is different from 941.23 hidden concealment?

Angels rush in where cowards fear to tread.

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no what i'm saying is that wisconsins own law doesn't agree with itself and contradicts itself, and so you have to do the best you can with the shit they give you.

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scorpio_vette wrote:

no what i'm saying is that wisconsins own law doesn't agree with itself and contradicts itself, and so you have to do the best you can with the @#$% they give you.

Click to expand...

Scorpio

It's very common knowledgein Wisconsin (at least in these gun related laws) that the old laws contradict themselves and is one of the issues that cause the "Loop-Holes" that give LEO's and DA's the power that they use to Enforce and Harass.

The way I tend to play it is to do what you can to exercises you rights, but not tend to push too hard, to give them any "Head-Line News Articles" in their favor.

There's plenty of places we CAN OC, and we should do just that as much as we can, without looking for the grayest of Gray Areas to help out the Anti's...

Just my 2 cents worth.

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bingo, enforce and harrass, i was trying to get the words into my mind, and that gentlemen, will keep me out of the school zones period.

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hunter9mm wrote:

scorpio_vette wrote:

no what i'm saying is that wisconsins own law doesn't agree with itself and contradicts itself, and so you have to do the best you can with the @#$% they give you.

Click to expand...

Scorpio

It's very common knowledge in Wisconsin (at least in these gun related laws) that the old laws contradict themselves and is one of the issues that cause the "Loop-Holes" that give LEO's and DA's the power that they use to Enforce and Harass.

The way I tend to play it is to do what you can to exercises you rights, but not tend to push too hard, to give them any "Head-Line News Articles" in their favor.

There's plenty of places we CAN OC, and we should do just that as much as we can, without looking for the grayest of Gray Areas to help out the Anti's...

Just my 2 cents worth.

 

Click to expand...

understandable. i was simply trying to answer MCX's question, and also in his defense.........have you seen the neighborhood that his business is in??? lets say it this way........if it wasn't for stopping at his shop to visit him, i wouldn't stop in that neighborhood for anything. i actually wouldn't even be driving in that area if i didn't have any reason for being there.

and so from THAT POINT OF VIEW, i can 100% understand why he would ask and try to find out. the example that i gave above is LITERALLY what happened last time (minus the carry part). i was at his shop and ran out of cigarettes. if i wanted to go across the street to get smokes, i would have had to remove my gun to step off of his property. his son was nice enough to run across for me instead to get me smokes while i continued working on his bike.

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i like to think of the area as 'colorful', and the locals as entertaining, and amusing. we don't have any crime problems on our property, but then ofcourse, we carry guns. yes, i must admit i'd feel a damn sight better carrying at the store across the street, but i usually send my kid over for smokes, as he is younger and stronger, and has a better chance of bopping his way back if trouble breaks out.

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bopping his way back.....har, har, i just caught my own funny. ajax said that one i think.

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scorpio_vette wrote:

hunter9mm wrote:

scorpio_vette wrote:

no what i'm saying is that wisconsins own law doesn't agree with itself and contradicts itself, and so you have to do the best you can with the @#$% they give you.

Click to expand...

Scorpio

It's very common knowledgein Wisconsin (at least in these gun related laws) that the old laws contradict themselves and is one of the issues that cause the "Loop-Holes" that give LEO's and DA's the power that they use to Enforce and Harass.

The way I tend to play it is to do what you can to exercises you rights, but not tend to push too hard, to give them any "Head-Line News Articles" in their favor.

There's plenty of places we CAN OC, and we should do just that as much as we can, without looking for the grayest of Gray Areas to help out the Anti's...

Just my 2 cents worth.

Click to expand...

understandable. i was simply trying to answer MCX's question, and also in his defense.........have you seen the neighborhood that his business is in??? lets say it this way........if it wasn't for stopping at his shop to visit him, i wouldn't stop in that neighborhood for anything. i actually wouldn't even be driving in that area if i didn't have any reason for being there.

and so from THAT POINT OF VIEW, i can 100% understand why he would ask and try to find out. the example that i gave above is LITERALLY what happened last time (minus the carry part). i was at his shop and ran out of cigarettes. if i wanted to go across the street to get smokes, i would have had to remove my gun to step off of his property. his son was nice enough to run across for me instead to get me smokes while i continued working on his bike.

Click to expand...

Scorp



I do understand what your saying about the area., and YES I'd feel better OCing there too. My point was solely about the screwed-up laws here.

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i'll amend my no crime statement; they can't geet into the building; bulett resistant glass, solid steel doors, locks on everything, stand alone alarm system, motion detectors, and cameras but................a few years back a guy in town here was selling live 15 foot palm trees, imported from florida, i got one, and chained it to the gas pipe barrier outside, it looked realy cool, swayin there in the wind. then one day someone ripped off my tree, cut the chain, and took it. police dispatch didn't believe me when i called it in, then a few months back, the crack heads got up on the roof, and stole my roof caps, so now there's a camera up there. gotta give em credit, found the achilles heel of the place, and went right for it.

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PS; i miss my tree, and want it back! probably being held hostage by the palestinians, they'll kill it unless israel pulls out of the west bank.

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LOL a palm tree in wisconsin...............that's just as ridiculous as a vegetarian lasagna or a smoke free bar. LOL

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or gun free school zones.