Plankton
Regular Member
If you people do not like their policy, stay away. MY OPINION
Jeri Bonivia has spoken!
If you people do not like their policy, stay away. MY OPINION
I think you guys are forgetting that Universities can make up all of their own rules. Such as: requiring a permit to draw on the sidewalks with chalk, requiring all students to carry their student ID at all times (and surrender it when asked for), etc etc.
The concealed only within 1000ft of the school is no different than the rest of these rules: ridiculous, but they're free to make them.
But again that's what doesn't make sense to me.I think you guys are forgetting that Universities can make up all of their own rules. Such as: requiring a permit to draw on the sidewalks with chalk, requiring all students to carry their student ID at all times (and surrender it when asked for), etc etc.
The concealed only within 1000ft of the school is no different than the rest of these rules: ridiculous, but they're free to make them.
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
[1] to a part of a building, grounds, or land occupied by the state or by a local governmental unit,
[2] to a privately or publicly owned building on the grounds of a university or college, or
[3] to the grounds of or land owned or occupied by a university or college, or,
[4] 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.
943.13 (1e) (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).
This is confusing, I have spent a lot of time, unwinding this, and I beleive I have got the explanation right, now.
First some terminology:
943 is a CHAPTER of the state statutes "Crimes against property"
943.13 is a SECTION "Trespass to land"
https://docs.legis.wisconsin.gov/statutes/statutes/943/II/13
943.13(1m) is a SUB-SECTION "Whoever does any of the following is subject to a Class B forfeiture:"
https://docs.legis.wisconsin.gov/statutes/statutes/943/II/13/1m
943.13(1m)(c) is a DIVISION [this one has No title or text]
https://docs.legis.wisconsin.gov/statutes/statutes/943/II/13/1m/c
943.13(1m)(c)2. is a SUBDIVISION
https://docs.legis.wisconsin.gov/statutes/statutes/943/II/13/1m/c/2.
I'm going to breakup the lines in this subdivision, to make it easier to read, and add some notes inside [brackets]:
You can see that subdivision 943.13(1m)(c)2.
* Does not apply to buildings on the grounds of a university or college.
* It does not apply to the grounds of or land owned or occuped by a university or college.
It was intended to apply to firearms carrying by people who don't own or occupy,
other nonresidential buildings, or gounds of nonresidential building, or land.
Notification of prohibition come from the occupant of that part of the property or the owner of non-leased property.
such as office / business buildings, nursing homes, adult family homes, hospices. It allows the individual occupants to post or not post their part of the building.
Subdivision 943.13(1m)(c)5. is the one applicable to prohibition notification of property on university or college grounds, as I posted earlier.
https://docs.legis.wisconsin.gov/document/statutes/943.13(1m)(c)5.
I understand that a student can be suspended or expelled by OC or CC on campus or in buildings, but what can happen to a regular citizen? I'm guessing the worst they can do is ask you to leave and if you refuse, charge you with trespassing.
I'm actually considering UWM for graduate school and am disappointed with this decision. However, I might conceal carry on campus anyways as long as I'm not breaking any state law.
Paul-
Please know that as former Marine, retired from the Air Force, with a lengthy law enforcement career, that I am a pro gun advocate.
I have worked with UW-Milwaukee Legal Affairs, the UW system attorneys and the the Milwaukee County DA to interpret this law. Our campus is unique in having a MPS elementary school near the center of campus. (Hartford University School) Also, note that UW-Milwaukee Police enforce Chapter 18 of the Wisconsin Administrative Code, not ordinances or local laws. This is State Law, and all of our tickets go through Circuit Court. It is a matter of interpreting these laws which leads to confusion. Nothing in the new CCW law invalidates Chapter 18 enforcement. We are posting the gun free zone in an effort to educate the public, not to be overly restrictive. The GFSZ has existed since that federal law went into place.
CCW and open carry are not the same thing, see the difference in these laws-
Any unlicensed 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 unlicensed 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.
Permit holders may CCW within the 1000 foot area around a school, but not on the school grounds or in school buildings.
I hope this helps your understanding of the law,
Mike
Michael J. Marzion
Chief of Police
I agree, knowingly being within 1000' of the edge of a K-12 school property without a permit is a class B forefeiture (up to $1000 fine), however, no distinction is made in the law between open and concealed. So.... as long as I have a permit, I can open carry and walk up to the property line or walk on the public sidewalk in front of the K-12 school. However, if my foot touches the grass inside the sidewalk, it is a felony.
http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ccw-faq-20111020.pdf page 36: "It is a forfeiture for a person to knowingly possess a firearm (concealed or otherwise) at a place that the person knows or has reasonable cause to believe is within 1,000 feet of the grounds of a school. Wis. Stat. § 948.605(2)(a)."
next, it says "What are the exceptions? "A person who is a CCW licensee or out-of-state CCW licensee may possess a firearm within 1,000 feet of the grounds of a school, but not in or on school grounds. Wis. Stat. § 948.605(2)(b)1r."
Notice, no distinction between open and concealed carry.
Now, back to open carrying on university land in general, assuming no GFSZ. Page 33
"Land:It is unlawful for any person to enter or remain in any part of land that the person does not own or occupy after the owner of the land, if that part of the land has not been leased to another person, or the occupant of that part of the land has notified the person not to enter or remain in that part of the land while carrying a firearm. This provision does not apply to a part of land occupied by the state or by a local unit of government; 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 or college. In addition, if the firearm is in a vehicle driven or parked in a parking facility, this provision does not apply to any part of land used as a parking facility. Wis. Stat. § 943.13(1m)(c)2 and § 943.13(1e)(cm)."
Last but not least. Page 22:
"Does the certification process restrict or limit the right to open carry?
No. Wis. Stat. § 175.49(7)."
So.... having a permit expands the places where I can open carry (which I do every day) as well as giving me permission to conceal carry.
There is nothing in the new law that invalidates UWS 18.10, and the University will use that to address open carry.
UWS 18.10 Offenses against public safety.
(3) DANGEROUS WEAPONS. (a) No person may carry, possess
or use any dangerous weapon on university lands or in university
buildings or facilities, except with the written approval of the chief
administrative officer or for law enforcement purposes.
(b) No person may display or portray as real any object that
resembles a dangerous weapon on university lands or in university
buildings or facilities, except with the written approval of the
chief administrative officer.
(c) Dangerous weapons in violation of this subsection may be
confiscated and removed from university lands by police.
(d) In this subsection, the term “dangerous
I would recommend you make a call to the Wisconsin Attorney General's office and ask them.
I have, and know the answer, but maybe you need to hear it yourself.
I'll just leave this here:
Sorry for the poor quality, the camera on my phone is horrible.
Text:
Status Update on Concealed Carry law and UWM.
Chancellor Lovell has asked the Office of Legal Affairs, in consultation with University Police, to develop a draft policy following guidelines from UW System that will prohibit people from bringing firearms (concealed or not concealed) into any university owned or controlled building, except for parking areas. Per the law's requirements, this will entail posting signage at the entrances of university buildings,. In addition, UWM's main campus is in a unique position in that a "gun free school zone" exists for 1000 feet surrounding the Hartford Avenue School, both in the buildings and on the grounds. We intend to post signs in these areas and notify the campus community and visitors that firearms will be barred within this zone. (J. Britz, 7/22/11)