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Thread: question about the 1,000' school zone rule

  1. #1
    Regular Member Big River Leather's Avatar
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    question about the 1,000' school zone rule

    Is it a WI statute or a federal statute? I'm pretty sure the gun free zone on school property is federal but I'm unsure about the 1,000' "buffer"
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    It is both

    a Federal and State law. The 1000 foot buffer zone is included in both versions.

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    Regular Member CalicoJack10's Avatar
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    I am thinking it may be both, but I know for sure it is at least state. I live in a school zone so I was looking this up a while ago, and I never really took a look at the federal laws, but got the impression that it was on a federal level also. Either way, it is for sure state.

    http://legis.wisconsin.gov/lrb/pubs/wb/00wb11.pdf
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    Founder's Club Member protias's Avatar
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    It is both state and federal.

    WCI has filed a lawsuit to challenge the WI GFSZ restriction though. As for the federal one, the first one has been ruled unconstitutional, but the second has yet to be challenged, which I'm sure would also be ruled unconstitutional.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    The Act of 1995 (which is the newer more constitutional version) has been challenged 9 times

    United States v Danks (Eighth Circuit 1999)
    United States v Tait (Eleventh Circuit 2000)
    United States v Haywood (Third Circuit 2002)
    United States v Smith (Sixth Circuit 2005)
    United States v Dorsey (Ninth Circuit 2005)
    United States v Nieves-Castaņo (First Circuit 2007)
    United States v Weekes (Third Circuit 2007)
    United States v Benally (Tenth Circuit 2007)
    United States v Cruz-Rodriguez (First Circuit 2008)

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    Regular Member Big River Leather's Avatar
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    So the thinking is we first need to repeal the state law before the federal can be repealed, correct?
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  7. #7
    Founder's Club Member protias's Avatar
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    Not necessarily.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Regular Member Big River Leather's Avatar
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    Pardon me if I'm not grasping this properly, but can you break this down for me? With the lawsuit filed by WCI for the repeal, how does that help if there is a federal law as well?
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  9. #9
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Big River Leather View Post
    Pardon me if I'm not grasping this properly, but can you break this down for me? With the lawsuit filed by WCI for the repeal, how does that help if there is a federal law as well?
    Theirs is only for WI GFSZ.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Campaign Veteran Flipper's Avatar
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    The federal law is the creation of Wisconsin's very own Senator Nobody, Herb Kohl. The state was pattern after it.
    When in danger you can dial 911 and hope for the police to arrive a few minutes later armed with guns.
    Why do police carry guns?

    The Joyce Foundation funded firearm control empire:
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    Regular Member jpm84092's Avatar
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    Angry GFSZ Laws are "Feel Good", but Actually Hurt

    To the Wisconsin parents of little Johnie and little Janie, the concept that no firearms can be within 1000 feet of the property line of any school seems WONDERFUL. They reason that their kids will never be shot, even in a crossfire situation, because it is "illegal" to have a firearm within 1000 feet of any school property line. PROBLEM SOLVED.

    Great Idea, Right?

    Then, why is it that the affluent parents of children in Cook County and Lake County Illinois send their children to school in body armor?

    Perhaps it is because it is already illegal (in IL and WI) to kill little Johnie and little Janie - and if a ripe target for plunder happens to lie within 1000 feet of a school property line (like the pharmacy that stocks Oxycontin and Darvon down the block), the drug addict bad guy says to himself - COOL - Free Kill Zone.
    Last edited by jpm84092; 02-15-2011 at 07:58 PM. Reason: spelling error
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    Campaign Veteran Flipper's Avatar
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    Last edited by Flipper; 02-16-2011 at 11:25 AM.
    When in danger you can dial 911 and hope for the police to arrive a few minutes later armed with guns.
    Why do police carry guns?

    The Joyce Foundation funded firearm control empire:
    http://upload.wikimedia.org/wikipedi...lFundingR1.png

    "Everything that we see is a shadow cast by that which we do not see." - Martin Luther King Jr.

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    Regular Member Badger Johnson's Avatar
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    While we're on the subject, with so many schools, courthouses, etc., how is it possible to drive around, get stopped for a citation and NOT be in some kind of GFZ?

    Is there an exemption if you're not 'going to school property' and just driving by (in Va) CC in your vehicle? I think I read that you can CC with a permit (in Va) to school grounds but you have to stay in your vehicle.

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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by Badger Johnson View Post
    While we're on the subject, with so many schools, courthouses, etc., how is it possible to drive around, get stopped for a citation and NOT be in some kind of GFZ?

    Is there an exemption if you're not 'going to school property' and just driving by (in Va) CC in your vehicle? I think I read that you can CC with a permit (in Va) to school grounds but you have to stay in your vehicle.
    I know nothing about VA but since we are in the WI forum, I'll answer for WI. Since you can only have an unloaded, encased firearm in your vehicle, you are not violating either the Federal or state GFSZ.

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    Regular Member oliverclotheshoff's Avatar
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    Quote Originally Posted by Big River Leather View Post
    Pardon me if I'm not grasping this properly, but can you break this down for me? With the lawsuit filed by WCI for the repeal, how does that help if there is a federal law as well?
    you sparked my interest on this

    big river leather has a point with his question if we get the state level law repealed we will still be in the same spot with the federal level law unless i am missing something can someone who knows about this clarify
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    Quote Originally Posted by oliverclotheshoff View Post
    you sparked my interest on this

    big river leather has a point with his question if we get the state level law repealed we will still be in the same spot with the federal level law unless i am missing something can someone who knows about this clarify
    Yup, but earlier that was discussed. The Federal is still in effect. I permit that requires a background check is the only permit accepted and you need to be a resident of the permitting state.

    You can go the Vermont section where some of us asked how they took care of it.

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    Is this law for public schools only? Does it pertain to private schools,Christian schools?

    oscar

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by rimmer View Post
    Is this law for public schools only? Does it pertain to private schools,Christian schools?

    oscar
    All k-12 schools.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    school zone

    statute 948.605 applies only to schools that teach grades 1 through 12.

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