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Thread: 948.605 (state GFSZ) post SB93

  1. #1
    Regular Member paul@paul-fisher.com's Avatar
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    948.605 (state GFSZ) post SB93

    948.605 Gun−free school zones. (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 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) (intro.) Paragraph (a) does not apply
    to the possession of a firearm by any of the following:
    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).
    2m. A state−certified commission warden acting in his or her
    official capacity; or.
    3. That is not loaded and is:
    a. Encased; or
    b. In a locked firearms rack that is on a motor vehicle;
    3m. 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).
    (3) DISCHARGE OF FIREARM IN A SCHOOL ZONE. (a) Any individual who knowingly, or with reckless disregard for the safety of
    another, discharges or attempts to discharge a firearm at a place the
    individual knows is a school zone is guilty of a Class G felony.
    (b) Paragraph (a) does not apply to the discharge of, or the
    attempt to discharge, a firearm:
    1. On private property not part of school grounds;
    2. As part of a program approved by a school in the school
    zone, by an individual who is participating in the program;
    3. By an individual in accordance with a contract entered into
    between a school in a school zone and the individual or an
    employer of the individual; or
    4. By a law enforcement officer or state−certified commission
    warden acting in his or her official capacity.
    And since it references the Federal GFSZ:

    (B) Subparagraph (A) does not apply to the possession of a
    firearm -
    (i) on private property not part of school grounds;
    (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.
    Last edited by paul@paul-fisher.com; 07-04-2011 at 08:31 AM. Reason: Formatting and added Federal GFSZ

  2. #2
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    So here's a question. Can a school employee who has a "contract" with the school board to concealed carry within the grounds be legal? I suppose it wouldn't be legal at the Federal level but am curious about the state.

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    I guess that answers that then. The thought had crossed my mind to petition the board for permission to carry on the premise.

  4. #4
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by paul
    I think they screwed up. The way the new law reads, we can discharge a firearm if we have a contract 948.605(3)(b)(3) but we can't actually carry because they repealed 948.605(2)(b)(4) and (5) which used to read
    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
    I chased that down & found that in referencing the federal law, WI kept those provisions.
    Sort of like how a city doesn't have to say that DUI is illegal in the city, because there's already a state statute about it.

  5. #5
    Regular Member paul@paul-fisher.com's Avatar
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    Mea Culpa!!!!!

    I fixed the original post, adding in the pertinent Federal GFSZ portions. That is what I get for not following up.

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