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School Parking Lot ?

Teej

Regular Member
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Mar 13, 2008
Messages
522
Location
, Wisconsin, USA
No go if you're talking a school providing one or more grades in 1-12.

tech school or college, no problemo.
 
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Teej

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Mar 13, 2008
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522
Location
, Wisconsin, USA
Kid is in the early childhood center, which is attached to the church.
The church and school are divided by the parking lot.

So if I entered and exited through the church without going onto the
Parking lot would this be ok ?

That sure sounds to me like the church would be considered "on school grounds".

I would say 100% no if they share the same street address.

If it's not...I'd say you've found a fairly unique situation and while I would lean (heavily) towards "no", I can't say so with confidence.
 

protias

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Dec 18, 2008
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SE, WI
Unless the properties are completely separate, I would have to say no go, especially if it is called a church and school.
 

E6chevron

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Oct 8, 2011
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528
Location
Milwaukee Wisconsin
Wisconsin GFSZ is 1-12 not K-12 in case that matters in your situation. Someone cite it please, on my phone...sorry. :)

Already on it.


948.605 titled Gun-free school zones

948.605(b) "School" has the meaning given in s. 948.61 (1) (b).

948.61(1)(b) "School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.
 

BROKENSPROKET

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Jan 5, 2010
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Trempealeau County
That sure sounds to me like the church would be considered "on school grounds".

I would say 100% no if they share the same street address.

If it's not...I'd say you've found a fairly unique situation and while I would lean (heavily) towards "no", I can't say so with confidence.

Sure sound to me like the school is "on church grounds". The church owns and runs the school, the school does not own or run the church. The school would not exist with out the church, but the church would exist without the school.

I have no idea what the means in relation to the GFSZ, I just wanted to point that out.
 

Teej

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Messages
522
Location
, Wisconsin, USA
I'll happily correct myself.

WI statute:
948.61(1)(b) "School" means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.

Federal GFSZ defers to state law for definition of school.
18 U.S.C. §921(25) The term “school zone” means— (A) in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school. (26) The term “school” means a school which provides elementary or secondary education, as determined under State law.
 
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Teej

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Mar 13, 2008
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Location
, Wisconsin, USA
I have no idea what the means in relation to the GFSZ, I just wanted to point that out.

Agreed. It'll may well make a difference.

(c) "School premises" means any school building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration.

If the school doesn't use any part of the church for grades 1-12, the OP should be OK by the letter of the law.

In practice...uh...IANAL.
 
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apierce918

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Jan 7, 2009
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276
Location
Appleton, WI
early childhood center sounds like a daycare not a school. My wife works at an early childhood center, and they posted their building, but I wouldnt think it falls under the school definition... or am I wrong?
 

bigdaddy1

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May 7, 2009
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Southsider der hey
948.61(3) (3) This section does not apply to any person who: ....
948.61(3)(e) (e) Drives a motor vehicle in which a dangerous weapon is located onto school premises for school-sanctioned purposes or for the purpose of delivering or picking up passengers or property. The weapon may not be removed from the vehicle or be used in any manner.


This should clarify the issue.
 

E6chevron

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Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
948.61(3) (3) This section does not apply to any person who: ....
948.61(3)(e) (e) Drives a motor vehicle in which a dangerous weapon is located onto school premises for school-sanctioned purposes or for the purpose of delivering or picking up passengers or property. The weapon may not be removed from the vehicle or be used in any manner.


This should clarify the issue.

It is helpful for those who are not transporting firearms... 948.61 is the section for:

948.61  Dangerous weapons other than firearms on school premises.
(1) In this section:
(1)(a) "Dangerous weapon" has the meaning specified in s. 939.22 (10), except "dangerous weapon" does not include any firearm and does include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.
 
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bigdaddy1

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May 7, 2009
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Southsider der hey
It is helpful for those who are not transporting firearms... 948.61 is the section for:

Yep, then section 3 where it discusses the exclusions.
(3) This section does not apply to any person who: 948.61(3)(a) (a) Uses a weapon solely for school-sanctioned purposes.
948.61(3)(b) (b) Engages in military activities, sponsored by the federal or state government, when acting in the discharge of his or her official duties.
948.61(3)(c) (c) Is a law enforcement officer or state-certified commission warden acting in the discharge of his or her official duties.
948.61(3)(d) (d) Participates in a convocation authorized by school authorities in which weapons of collectors or instructors are handled or displayed.
948.61(3)(e) (e) Drives a motor vehicle in which a dangerous weapon is located onto school premises for school-sanctioned purposes or for the purpose of delivering or picking up passengers or property. The weapon may not be removed from the vehicle or be used in any manner.
948.61(3)(f)
 

Brass Magnet

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Apr 23, 2009
Messages
2,818
Location
Right Behind You!, Wisconsin, USA
^^^^^^^^^^^^^
Just to clarify because some might be confused by what your are posting: Those exclusions are only for dangerous weapons OTHER than firearms. The exclusions for firearms are in 948.605
 
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