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948.605 (state GFSZ) post SB93

paul@paul-fisher.com

Regular Member
Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
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:

technician

Regular Member
Joined
May 5, 2011
Messages
71
Location
Vilas County, WI
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.
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
paul said:
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.
 
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