Culver's - Shorewood - question

The Culver's in Shorewood is pretty close to the grounds of the high school. As long as you stay in the parking lot of Culver's, would it be ok to OC there, in your opinion?

yes, its private property

yes, it is private property. But!
I would expect harassment from the shorewood PD, I have had some dealing with the SPD once in my life and it was not pleasant by any means.

In CA, A judge ruled that private property is not private property if it is a business, an OCDO was then found guilty of a felony GFSZ infraction because of this (Theseus)
So just be aware of some stupidity having the ability to happen with you not just being a spectator.

*sigh*. yeah, this GFSZ rule needs to go. I was up for a tasty shake and then remembered a) it's shorewood and b) school nearby.

Nutczak said:

yes, it is private property. But!
I would expect harassment from the shorewood PD, I have had some dealing with the SPD once in my life and it was not pleasant by any means.

In CA, A judge ruled that private property is not private property if it is a business, an OCDO was then found guilty of a felony GFSZ infraction because of this (Theseus)
So just be aware of some stupidity having the ability to happen with you not just being a spectator.

Click to expand...

The statute specifically states private property does NOT apply.

948.605(2)(b)
(b) Paragraph (a) does not apply to the possession of a firearm:

948.605(2)(b)1.
1. On private property not part of school grounds;

Click to expand...

If a judge rules the parking lot and thus the store are PUBLIC, then yes school zones ARE a bit more troublesome but that would also mean they (stores) cannot post!

bnhcomputing said:

The statute specifically states private property does NOT apply.

If a judge rules the parking lot and thus the store are PUBLIC, then yes school zones ARE a bit more troublesome but that would also mean they (stores) cannot post!

Click to expand...

Very good point.

bnhcomputing said:

The statute specifically states private property does NOT apply.

If a judge rules the parking lot and thus the store are PUBLIC, then yes school zones ARE a bit more troublesome but that would also mean they (stores) cannot post!

Click to expand...

I Agree fully.
But lets take a look at a recent decision by Adekman, I would be very concerned that other judges would also lean the same way and make sure someone was separated from their rights by making a poor decision like the judge in CA that snagged Theseus.

Theseus was at a privately owned laundromat. He gave the cop his ID willingly, then he was let to go on about his business, and several days later the police served a felony warrant and confiscated all of his weapons. He then went to court and the judge ruled that private property is not private property and Theseus was then made a felon in the process.

I would not want to be the test case for a similar situation. And sadly the odds of a similar clusterfluck happening in WI right now are quite high IMO

I will also point out that the statute says "KNOWINGLY."

I honestly thought I was on private property your honor....

The guy in CA had an idiot for a lawyer and unless there are other facts we don't know, I would expect this to e an excellent challenge to the GFSZA out there.