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Thread: Parking lots: True or false?

  1. #1
    Regular Member AdamXD's Avatar
    Join Date
    May 2010
    Milwaukee, WI

    Parking lots: True or false?

    Are business complex parking lots and business's parking lots that are KNOWINGLY in a GFSZ still considered OC friendly? If the parking lot is owned by the business, lets say a Starbucks that's across the street from an elementary school, is that lot considered private property, thus nullifying the 1000' zone?

    Consider the following:

    You pull up to a business that is open to the public (Aldi's, Pick N' Save, Starbucks, Target, Walmart, etc...) and you notice there is a school across the street. Are you able to holster your weapon and still be within the law?

    I used the search function because I remembered reading someone's understanding that store parking lots are considered private property, therefore allowing you to holster your weapon and proceed into the building, but no results came up.

    Thoughts? Case citations?
    Last edited by AdamXD; 08-29-2010 at 03:56 AM. Reason: spelling
    "Natural Selection is another way of God telling you you're an idiot"

  2. #2
    Regular Member
    Join Date
    Nov 2006
    Baraboo, Wisconsin, USA
    I believe if they own the property then the school zone issue does not matter.

    Just as if you owned property within a "school zone" you have a right to carry there or allow people to carry.

    I cannot cite any cases, and I probably wouldnt on here even if I knew of some. The law states you must knowingly enter a school zone. As far as I know private property is still private property, it is up to the owner to decide.

    Keep in mind that I am not giving legal advice, I am just trying to answer your question to the best of my knowledge.

  3. #3
    Founder's Club Member bnhcomputing's Avatar
    Join Date
    Dec 2007
    Wisconsin, USA
    In my experience, this parking lots are not maintained by the city (government) rather some private (usually third party). Starbucks rents the building from the developer/owner. In turn, the developer/owner maintains the building and grounds as part of the lease.

    The parking lot is INDEED private property, and as a recent letter from the Racine DA indicated, it doesn't matter WHO's private property you are on so long as it is private.

    I personally uncase/load/holster a firearm in a grocery store parking lot directly across the street from a public school all the time.

  4. #4
    Regular Member
    Join Date
    Oct 2007
    Waukesha, Wisconsin, USA
    When you are going to a store or in a shopping complex, you can be nearly 100% assured that the parking lot is private property. Since private property is exempted from the school zone, then you are good to go. I personally shopped at a Pick n Save for a year which was just behind a public high school. Now they built a new store closer to my house so I go there, but I never had any qualms about going to the one in the school zone, because the law is clear.

  5. #5
    Regular Member
    Join Date
    Dec 2008
    The Northwoods, lakeland area, Wisconsin, USA
    There was a case in CA where an OCDO member (theseus) was found in violation of the GFSZ by a judge who had deemed a privately owned parking lot to be "Public Property"

    I expect some town attorney to try that route in this state sometime in the very near future. It surprises me that one has done it yet!!

    BTW, Theseus ID'd himself, the cop showed up at his home several days later to arrest him! If he would have refused to show identification as allowed, he never would have been charged and found guilty!!
    So, do not show ID unless required by law, do not even give your name!

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