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Thread: OC in 'Government' building....what's a 'government building'

  1. #1
    Regular Member GlockRDH's Avatar
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    OC in 'Government' building....what's a 'government building'

    I was thinking about this...is that a building that is completely owned by them OR can it be a building that is rented by them...or even if just a floor is rented for use by a government agency...or possibly one owned by the government and rented to a NON government organization??

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    941.235 does not refer to lessor/lesee or floor but only to building leased.

    Quote Originally Posted by Wisc. Stats. Ann.
    941.235 Carrying firearm in public building.
    (1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor.
    Seems pretty clear to me.

    It does not refer to floor but to building. It does not refer to lessee or to lessor but only to leased. Common rules of construction suggest that "all of the above" are prohibited.

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    Ejusdem generis

    Quote Originally Posted by Doug Huffman View Post
    Seems pretty clear to me.

    It does not refer to floor but to building. It does not refer to lessee or to lessor but only to leased. Common rules of construction suggest that "all of the above" are prohibited.
    suggests that only a building of which the government is lessee is covered. If the state "owns" a building but then leases it to a private entity, it (like any other landlord) temporarily gives up certain aspects of ownership. The police do not have the right to enter a public housing apartment at will. Likewise, if the state leases a building from ABC Management for office space, the building takes on the characteristic of a government building even though it is "owned" by a private company. The key is who has the right to exclude not who can sell the physical structure.

    If the meaning of "leased by" included state as lessor (implies owner) then the phrase would be superfluous.

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