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Thread: SB93 and what it did to WI GFSZ Statute.

  1. #1
    Regular Member xenophon's Avatar
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    SB93 and what it did to WI GFSZ Statute.

    Here is my take on how SB93 changes the WI GFSZ statute. I pasted in current 948.605 as of today, and mixed in the language of SB93 as enrolled. I put in red what was tossed out, and underlined what SB93 added.


    948.605; Gun-free school zones. 948.605(1) (1) Definitions. In this section:
    (a) "Encased" has the meaning given in s. 167.31 (1) (b).
    (ac) "Firearm" does not include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.
    (am) "Motor vehicle" has the meaning given in s. 340.01 (35).
    (b) "School" has the meaning given in s. 948.61 (1) (b).
    (c) "School zone" means any of the following:
    1. In or on the grounds of a school.
    2. Within 1,000 feet from the grounds of a school.
    (2) Possession of firearm in school zone.
    (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone in or on
    the grounds of a school is guilty of a Class I felony. Any
    individual who knowingly possesses a firearm at a place
    that the individual knows, or has reasonable cause to
    believe, is within 1,000 feet of the grounds of a school is
    subject to a Class B forfeiture.
    (b) Paragraph (a) does not apply to the possession of a firearm by any of the following:
    1. On private property not part of school grounds;
    1m. A person who possesses the firearm
    in accordance with 18 USC 922 (q) (2) (B) (i), (iv),
    (v), (vi), or (vii).

    1r. Except if the person is in or on the grounds of a

    school, a licensee, as defined in s. 175.60 (1) (d), or an
    out-of-state licensee, as defined in s. 175.60 (1) (g).


    2. If the individual possessing the firearm is licensed to do so by a political subdivision of the state or bureau of alcohol, tobacco and firearms in which political subdivision the school zone is located, and the law of the political subdivision requires that, before an individual may obtain such a license, the law enforcement authorities of the political subdivision must verify that the individual is qualified under law to receive the license;
    3. That is not loaded and is:
    a. Encased; or
    b. In a locked firearms rack that is on a motor vehicle;
    4. By an individual for use in a program approved by a school in the school zone;
    5. By an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

    6.(renumber to 2m) By a law enforcement officer or A state-certified commission warden acting in his or her official capacity; or
    7. That is unloaded and is possessed by an individual while traversing school grounds for the purpose of gaining access to public or private lands open to hunting, if the entry on school grounds is authorized by school authorities.
    8. (renumber to 3m) By A person who is legally hunting in a school forest if the school board has decided that hunting may be allowed in the school forest under s. 120.13 (38).



    Ok, so the bill cut out some state statues, and referenced *some* of the Federal GFSZ statues, in the 1m reference I put in above.
    1m. A person who possesses the firearm
    in accordance with 18 USC 922 (q) (2) (B) (i), (iv),
    (v), (vi), or (vii).

    I'll put those Federal exceptions SB93 included in bold below:

    18 USC 922 (q) (2)
    (B) Subparagraph (A) does not apply to the
    possession of a firearm—
    (i) on private property not part of school
    grounds;
    (ii) if the individual possessing the firearm is
    licensed to do so by the State in which the
    school zone is located or a political subdivision
    of the State, and the law of the State or
    political subdivision requires that, before an
    individual obtains such a license, the law enforcement
    authorities of the State or political
    subdivision verify that the individual is qualified
    under law to receive the license;
    (iii) that is—
    (I) not loaded; and
    (II) in a locked container, or a locked firearms
    rack that is on a motor vehicle;
    (iv) by an individual for use in a program approved
    by a school in the school zone;
    (v) by an individual in accordance with a
    contract entered into between a school in the
    school zone and the individual or an employer
    of the individual;
    (vi) by a law enforcement officer acting in
    his or her official capacity; or
    (vii) that is unloaded and is possessed by an
    individual while traversing school premises for
    the purpose of gaining access to public or private
    lands open to hunting, if the entry on
    school premises is authorized by school authorities.




    Section 94 of SB 93 stated:

    SECTION 94. 948.605 (2) (b) 1m. and 1r. of the statutes
    are created to read:
    948.605 (2) (b) 1m. A person who possesses the firearm
    in accordance with 18 USC 922 (q) (2) (B) (i), (iv),
    (v), (vi), or (vii).
    1r. Except if the person is in or on the grounds of a
    school, a licensee, as defined in s. 175.60 (1) (d), or an
    out−of−state licensee, as defined in s. 175.60 (1) (g).


    If I'm reading the WI GFSZ law as amended, SB93 is saying that licensees and out of state licensees can carry up to the school grounds. Within 1000ft of a school ground is perfectly fine, as long as you have that license. Just don't enter that school ground

    Thoughts?


    References:
    https://docs.legis.wisconsin.gov/201...olled/sb93.pdf
    http://www.gpo.gov/fdsys/pkg/USCODE-...p44-sec922.pdf
    https://docs.legis.wisconsin.gov/sta...atutes/948/605
    Last edited by xenophon; 06-24-2011 at 01:43 AM.

  2. #2
    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by xenophon View Post
    If I'm reading the WI GFSZ law as amended, SB93 is saying that licensees and out of state licensees can carry up to the school grounds. Within 1000ft of a school ground is perfectly fine, as long as you have that license. Just don't enter that school ground

    Thoughts?
    Yes.

    Only other thing it changed was making it only a fine if you don't have a permit and carry in the 1000' zone, before it was a felony.

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    McX
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    let the revenue-ing begin!

  4. #4
    Regular Member MKEgal's Avatar
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    Since the "zone" issue is no longer a state crime, but is still a federal felony, will we see more arrests/prosecutions on federal charges, or will we see state fines?

    Will police understand that it's a ticket, or will they do a felony stop, arrest, confiscation, etc.?
    (Based on my experience, I'm betting they'll want to tackle people & seize property.)

    I'm glad to see that there's still provision for using a firearm in an educational program approved by a school.

    18 USC 922 (q) (2)
    (B) Subparagraph (A) does not apply to the possession of a firearmó
    (ii) if the individual possessing the firearm is licensed to do so by the State in which the
    school zone is located...;
    (iv) by an individual for use in a program approved by a school in the school zone;
    (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual
    As for (v)... if I apply to work at a school & I am OCing when I apply,
    & they hire me knowing that I carry,
    & it doesn't say in the contract I can't carry (it probably would, but pretend for a sec it doesn't),
    could someone make a case that I'm allowed to carry?

    Yes, WI law prohibits it, but says it allows the exceptions in federal law, one of which is a contract.
    I'm guessing the prosecutor would say that federal law implies that the contract be about guns or mention carrying.

    Not that I'm going to try it in WI, mind you...
    Though I'd love to take a field trip to UT & get some pictures to blow Jeri's mind!
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