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Thread: New version of 943.13 (Trespass to land)

  1. #1
    Regular Member paul@paul-fisher.com's Avatar
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    New version of 943.13 (Trespass to land)

    OK, this is a tough read. Theoretically, this has the posting provisions for private and public property. If someone can figure it out, I would appreciate it:

    (1e) In this section:
    (aL) Carry" has the meaning given in s. 175.60 (1) (ag).
    (ar) “Dwelling unit” means a structure or that part of a structure
    which is used or intended to be used as a home, residence or sleeping
    place by one person or by 2 or more persons maintaining a
    common household, to the exclusion of all others.
    (az) “Implied consent” means conduct or words or both that
    imply that an owner or occupant of land has given consent to
    another person to enter the land.
    (b) “Inholding” means a parcel of land that is private property
    and that is surrounded completely by land owned by the United
    States, by this state or by a local governmental unit or any combination
    of the United States, this state and a local governmental
    unit.
    (bm) Licensee" means a licensee, as defined in s. 175.60 (1) (d), or
    an out−of−state licensee, as defined in s. 175.60 (1) (g).
    (c) “Local governmental unit” means a political subdivision of
    this state, a special purpose district in this state, an instrumentality
    or corporation of the political subdivision or special purpose district
    or a combination or subunit of any of the foregoing.
    (cm) Nonresidential building" includes a nursing home as defined
    in s. 50.01 (3), a community−based residential facility as defined in s. 50.01 (1g), a
    residential care apartment complex as defined in s. 50.01 (1d), an adult family home
    as defined in s. 50.01 (1), and a hospice as defined in s. 50.90 (1).
    (d) “Place of employment” has the meaning given in s. 101.01
    (11).
    (e) “Private property” means real property that is not owned
    by the United States, this state or a local governmental unit.
    (f) “Open land” means land that meets all of the following criteria:
    1. The land is not occupied by a structure or improvement
    being used or occupied as a dwelling unit.
    2. The land is not part of the curtilage, or is not lying in the
    immediate vicinity, of a structure or improvement being used or
    occupied as a dwelling unit.
    3. The land is not occupied by a public building.
    4. The land is not occupied by a place of employment.
    (g) Out−of−state licensee" has the meaning given in s. 175.60 (1)
    (g).
    (h) Special event" means an event that is open to the public, is for
    a duration of not more than 3 weeks, and either has designated entrances to and from
    the event that are locked when the event is closed or requires an admission.
    (1m) Whoever does any of the following is subject to a Class
    B forfeiture:
    (a) Enters any enclosed, cultivated or undeveloped land of
    another, other than open land specified in par. (e) or (f), without
    the express or implied consent of the owner or occupant.
    (am) Enters any land of another that is occupied by a structure
    used for agricultural purposes without the express or implied consent
    of the owner or occupant.
    (b) Enters or remains on any land of another after having been
    notified by the owner or occupant not to enter or remain on the premises. This
    paragraph does not apply to a licensee or out−of−state licensee if the owner’s or
    occupant’s intent is to prevent the licensee or out−of−state licensee from carrying a
    firearm on the owner’s or occupant’s land.
    (c) 1. While carrying a firearm, enters or remains at a residence
    that the actor does not own or occupy after the owner of the residence, if he or she
    has not leased it to another person, or the occupant of the residence has notified the
    actor not to enter or remain at the residence while carrying a firearm or with that
    type of firearm. In this subdivision, residence," with respect to a single−family
    residence, includes the residence building and the parcel of land upon which the
    residence building is located, and residence," with respect to a residence that is not
    a single−family residence, does not include any common area of the building in which
    the residence is located or any common areas of the rest of the parcel of land upon
    which the residence building is located.
    1m. While carrying a firearm, enters or remains in a common area in a building,
    or on the grounds of a building, that is a residence that is not a single−family
    residence if the actor does not own the residence or does not occupy any part of the
    residence, if the owner of the residence has notified the actor not to enter or remain
    in the common area or on the grounds while carrying a firearm or with that type of
    firearm. This subdivision does not apply to a part of the grounds of the building if
    that part is used for parking and the firearm is in a vehicle driven or parked in that
    part.
    2. While carrying a firearm, enters or remains in any part of a nonresidential
    building, grounds of a nonresidential building, or land that the actor does not own
    or occupy after the owner of the building, grounds, or land, if that part of the building,
    grounds, or land has not been leased to another person, or the occupant of that part
    of the building, grounds, or land has notified the actor not to enter or remain in that
    part of the building, grounds, or land while carrying a firearm or with that type of
    firearm. This subdivision does not apply to a part of a building, grounds, or land
    occupied by the state or by a local governmental unit, to a privately or publicly owned
    building on the grounds of a university or college, or to the grounds of or land owned
    or occupied by a university of college, or, if the firearm is in a vehicle driven or parked
    in the parking facility, to any part of a building, grounds, or land used as a parking
    facility.
    3. While carrying a firearm, enters or remains at a special event if the
    organizers of the special event have notified the actor not to enter or remain at the
    special event while carrying a firearm or with that type of firearm. This subdivision
    does not apply, if the firearm is in a vehicle driven or parked in the parking facility,
    to any part of the special event grounds or building used as a parking facility.
    4. Enters or remains in any part of a building that is owned, occupied, or
    controlled by the state or any local governmental unit, excluding any building or
    portion of a building under s. 175.60 (16) (a), if the state or local governmental unit
    has notified the actor not to enter or remain in the building while carrying a firearm
    or with that type of firearm. This subdivision does not apply to a person who leases
    residential or business premises in the building or, if the firearm is in a vehicle driven
    or parked in the parking facility, to any part of the building used as a parking facility.
    5. Enters or remains in any privately or publicly owned building on the grounds
    of a university or college, if the university or college has notified the actor not to enter
    or remain in the building while carrying a firearm or with that type of firearm. This
    subdivision does not apply to a person who leases residential or business premises
    in the building or, if the firearm is in a vehicle driven or parked in the parking facility,
    to any part of the building used as a parking facility.
    (e) Enters or remains on open land that is an inholding of
    another after having been notified by the owner or occupant not
    to enter or remain on the land.
    (f) Enters undeveloped private land from an abutting parcel of
    land that is owned by the United States, this state or a local governmental
    unit, or remains on such land, after having been notified by
    the owner or occupant not to enter or remain on the land.
    (1s) In determining whether a person has implied consent to
    enter the land of another a trier of fact shall consider all of the circumstances
    existing at the time the person entered the land,
    including all of the following:
    (a) Whether the owner or occupant acquiesced to previous
    entries by the person or by other persons under similar circumstances.
    (b) The customary use, if any, of the land by other persons.
    (c) Whether the owner or occupant represented to the public
    that the land may be entered for particular purposes.
    (d) The general arrangement or design of any improvements
    or structures on the land.
    (am) (intro.) A person has received notice from the owner or occupant
    within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally,
    either orally or in writing, or if the land is posted. Land is considered to be posted
    under this subsection paragraph under either of the following procedures:
    1. If a sign at least 11 inches square is placed in at least 2 conspicuous places
    for every 40 acres to be protected. The sign must carry provide an appropriate notice
    and the name of the person giving the notice followed by the word owner" if the
    person giving the notice is the holder of legal title to the land and by the word
    occupant" if the person giving the notice is not the holder of legal title but is a lawful
    occupant of the land. Proof that appropriate signs as provided in this paragraph
    subdivision were erected or in existence upon the premises to be protected prior to
    the event complained of shall be prima facie proof that the premises to be protected
    were posted as provided in this paragraph subdivision.
    (a) If a sign at least 11 inches square is placed in at least 2 conspicuous
    places for every 40 acres to be protected. The sign must
    carry an appropriate notice and the name of the person giving the
    notice followed by the word “owner” if the person giving the
    notice is the holder of legal title to the land and by the word “occupant”
    if the person giving the notice is not the holder of legal title
    but is a lawful occupant of the land. Proof that appropriate signs
    as provided in this paragraph were erected or in existence upon the
    premises to be protected prior to the event complained of shall be
    prima facie proof that the premises to be protected were posted as
    provided in this paragraph.
    (b) If markings at least one foot long, including in a contrasting
    color the phrase “private land” and the name of the owner, are
    made in at least 2 conspicuous places for every 40 acres to be protected
    (bm) 1. In this paragraph, sign" means a sign that states a
    restriction imposed under subd. 2. that is at least 5 inches by 7 inches.
    2. a. For the purposes of sub. (1m) (c) 1m., an owner of a residence that is not
    a single−family residence has notified an individual not to enter or remain in a part
    of that building, or on the grounds of that building, while carrying a firearm or with
    a particular type of firearm if the owner has posted a sign that is located in a
    prominent place near all of the entrances to the part of the building to which the
    restriction applies or near all probable access points to the grounds to which the
    restriction applies and any individual entering the building or the grounds can be
    reasonably expected to see the sign.
    am. For the purposes of sub. (1m) (c) 2., 4., and 5., an owner or occupant of a
    part of a nonresidential building, the state or a local governmental unit, or a
    university or a college has notified an individual not to enter or remain in a part of
    the building while carrying a firearm or with a particular type of firearm if the owner,
    occupant, state, local governmental unit, university, or college has posted a sign that
    is located in a prominent place near all of the entrances to the part of the building
    to which the restriction applies and any individual entering the building can be
    reasonably expected to see the sign.
    b. For the purposes of sub. (1m) (c) 2., an owner or occupant of the grounds of
    a nonresidential building or of land has notified an individual not to enter or remain
    on the grounds or land while carrying a firearm or with a particular type of firearm
    if the owner or occupant has posted a sign that is located in a prominent place near
    all probable access points to the grounds or land to which the restriction applies and
    any individual entering the grounds or land can be reasonably expected to see the
    sign.
    c. For the purposes of sub. (1m) (c) 3., the organizers of the special event have
    notified an individual not to enter or remain at the special event while carrying a
    firearm or with a particular type of firearm if the organizers have posted a sign that
    is located in a prominent place near all of the entrances to the special event and any
    individual attending the special event can be reasonably expected to see the sign.
    (3) Whoever erects on the land of another signs which are the same as
    or similar to those described in sub. (2) (am) without obtaining the express consent
    of the lawful occupant of or holder of legal title to such land is subject to a Class C
    forfeiture.
    (3m) An owner or occupant may give express consent to enter
    or remain on the land for a specified purpose or subject to specified
    conditions and it is a violation of sub. (1m) (a) or (am) for a
    person who received that consent to enter or remain on the land
    for another purpose or contrary to the specified conditions.
    (4) Nothing in this section shall prohibit a representative of a
    labor union from conferring with any employee provided such
    conference is conducted in the living quarters of the employee and
    with the consent of the employee occupants.
    (4m) This section does not apply to any of the following:
    (a) A person entering the land, other than the residence or other
    buildings or the curtilage of the residence or other buildings, of
    another for the purpose of removing a wild animal as authorized
    under s. 29.885 (2), (3) or (4).
    (b) A hunter entering land that is required to be open for hunting
    under s. 29.885 (4m) or 29.889 (7m).
    (c) A person entering or remaining on any exposed shore area
    of a stream as authorized under s. 30.134.
    (d) An assessor and an assessor’s staff entering the land, other
    than a building, agricultural land or pasture, or a livestock confinement
    area, of another if all of the following apply:
    1. The assessor or the assessor’s staff enters the land in order
    to make an assessment on behalf of the state or a political subdivision.
    2. The assessor or assessor’s staff enters the land on a weekday
    during daylight hours, or at another time as agreed upon with
    the land owner.
    3. The assessor or assessor’s staff spends no more than one
    hour on the land.
    4. The assessor or assessor’s staff does not open doors, enter
    through open doors, or look into windows of structures on the
    land.
    5. The assessor or the assessor’s staff leaves in a prominent
    place on the principal building on the land, or on the land if there
    is not a principal building, a notice informing the owner or occupant
    that the assessor or the assessor’s staff entered the land and
    giving information on how to contact the assessor.
    6. The assessor or the assessor’s staff has not personally
    received a notice from the owner or occupant, either orally or in
    writing, not to enter or remain on the premises.
    (5) Any authorized occupant of employer−provided housing
    shall have the right to decide who may enter, confer and visit with
    the occupant in the housing area the occupant occupies.

  2. #2
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    Looks like a copy of Arizona's 30.06 law to me. If you carry onto a property that is posted "No Weapons" or whatever, they can pinch you for trespassing.
    Exodus 21:12-14

    Click here for some Common Sense

  3. #3
    Regular Member MKEgal's Avatar
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    I'll take a shot at it...

    It looks like Dane County can post, but they can't enact an ordinance to ban carry.
    I think "special event" can also apply to the state fair as well as Summerfest.
    Not like anyone has ever been attacked at the fair, or on their way to/from...


    (c) “Local governmental unit” means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district or a combination or subunit of any of the foregoing.

    (h) "Special event" means an event that is open to the public, is for a duration of not more than 3 weeks, and either has designated entrances to and from the event that are locked when the event is closed or requires an admission.
    [I think this can apply to the state fair. - MKEgal]

    (1m) Whoever does any of the following is subject to a Class B forfeiture:

    2. While carrying a firearm, enters or remains in any part of a nonresidential building, grounds of a nonresidential building, or land that the actor does not own or occupy after the owner of the building, grounds, or land, if that part of the building, grounds, or land has not been leased to another person, or the occupant of that part of the building, grounds, or land has notified the actor not to enter or remain in that part of the building, grounds, or land while carrying a firearm or with that type of firearm.
    This subdivision does not apply to a part of a building, grounds, or land occupied by the state or by a local governmental unit...

    3. While carrying a firearm, enters or remains at a special event if the organizers of the special event have notified the actor not to enter or remain at the special event while carrying a firearm or with that type of firearm.

    4. Enters or remains in any part of a building that is owned, occupied, or controlled by the state or any local governmental unit, excluding any building or portion of a building under s. 175.60 (16) (a), if the state or local governmental unit has notified the actor not to enter or remain in the building while carrying a firearm or with that type of firearm.

    (bm) 1. In this paragraph, sign" means a sign that states a restriction imposed under subd. 2. that is at least 5 inches by 7 inches.
    [Note that there's no color or specific wording or symbol required. - MKEgal]

    am. For the purposes of sub. (1m) (c) 2., 4., and 5., ...a local governmental unit, ... has notified an individual not to enter or remain in a part of the building while carrying a firearm or with a particular type of firearm if ... has posted a sign that is located in a prominent place near all of the entrances to the part of the building to which the restriction applies and any individual entering the building can be reasonably expected to see the sign.

    b. For the purposes of sub. (1m) (c) 2., an owner or occupant of the grounds of a nonresidential building or of land has notified an individual not to enter or remain on the grounds or land while carrying a firearm or with a particular type of firearm if the owner or occupant has posted a sign that is located in a prominent place near all probable access points to the grounds or land to which the restriction applies and any individual entering the grounds or land can be reasonably expected to see the sign.

    c. For the purposes of sub. (1m) (c) 3., the organizers of the special event have notified an individual not to enter or remain at the special event while carrying a firearm or with a particular type of firearm if the organizers have posted a sign that is located in a prominent place near all of the entrances to the special event and any individual attending the special event can be reasonably expected to see the sign.
    Last edited by MKEgal; 06-17-2011 at 08:10 PM.

  4. #4
    Regular Member davegran's Avatar
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    Quote Originally Posted by paul@paul-fisher.com View Post
    OK, this is a tough read. Theoretically, this has the posting provisions for private and public property. If someone can figure it out, I would appreciate it:
    Masochist....
    Dave
    45ACP-For when you care enough to send the very best-
    Fight for "Stand Your Ground " legislation!

    WI DA Gerald R. Fox:
    "These so-called 'public safety' laws only put decent law-abiding citizens at a dangerous disadvantage when it comes to their personal safety, and I for one am glad that this decades-long era of defective thinking on gun issues is over..."

    Remember: Don't make old People mad. We don't like being old in the first place, so it doesn't take much to piss us off.

  5. #5
    Regular Member MKEgal's Avatar
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    I think we need to get the signage requirement corrected.
    How it got from a full piece of orange paper to a 5x7 who-knows-what is beyond me.

    Needs to be brightly colored, larger, & have standardized words &/or symbol.
    Maybe the gunbuster symbol in black with the words "no firearms WI statute 943.13" in black 1" letters on an orange background.

  6. #6
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by davegran
    Masochist
    No, he's a sadist, I'm a masochist for attempting it.

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    Time to get some No Guns = No Money cards.

    My guess is, you might run into these a bit during the first few months this legislation is out, as part of all the hysteria... but as time goes by, it will be fine.
    Last edited by Ken8521; 06-19-2011 at 08:53 AM.

  8. #8
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    Quote Originally Posted by Ken8521 View Post
    Time to get some No Guns = No Money cards.

    My guess is, you might run into these a bit during the first few months this legislation is out, as part of all the hysteria... but as time goes by, it will be fine.
    me too, the sheep wont make a stink if they dont post, but pro-rights people WILL make a stink if they do.

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