apjonas,
Possession is allowed on school grounds. See subparagraph 948.605(2)(b)3 cited below
There's been some confusion about having a gun on school property.
We know you can't carry open or concealed (outside of struck rules) on the grounds.
Some have said you can't have one in a car.
I reviewed 648/61 and it looks like you can have it in a car unloaded and in case, or a locked rack. Anything I am missing?
...
Your citation statute # was goofed up. The conclusion was correct, with respect to possession of a firearm (for a non-LEO/ non-contractor person) on School (grades 1-12) Grounds.
Unloaded and properly cased/locked is what's legal. Wisconsin Statute 948.605 has some variance with Federal GFSZ Law.
http://www.gpo.gov/fdsys/pkg/USCODE-2010-title18/pdf/USCODE-2010-title18-partI-chap44-sec922.pdf
18USC922(q)(2)(B)(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
The above Federal GFSZ code uses "locked container" instead of "encased" like Wisconsin 948.605 does. Complying with the above Federal law, will also comply with Wisconsin 948.605. You might want to beware of where you put that case, to avoid getting in trouble with 941.23 "Carrying concealed weapon" prohibitions for not having it out of reach.
https://docs.legis.wisconsin.gov/statutes/statutes/941/III/23 That is discussed in other topics.
Here's a citation of the entire section 948.605 as of Nov. 1, 2011:
https://docs.legis.wisconsin.gov/statutes/statutes/948/605
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) 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.
___ 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).
This allowance for having an unloaded and encased OR unloaded and in a locked motor vehicle firearms rack, was in the Wisconsin statute before the changes Nov. 1, 2011, from ACT35. So this text is not IN ACT35, because it was already in the law. Do not make the mistake of just reading ACT35 and thinking that you have looked at ALL the current firearms law.
You should make SURE that if you have the firearm unloaded and in a case, that it is NOT within your reach, or you could run afoul of the Wisconsin Carrying Concealed Weapon Statute 941.23 which has been discussed a lot elsewhere.
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ATTENTION: after reading some comments, I thought it would be appropriate to clear up, a confusing portion of the statute. It involves subdivision 948.605(2)(b) 1r. which is
part of a list of persons/situations that the felony/forfeiture doesn't apply to.
948.605 (2)(b) 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).
That subdivision above would be
easier to understand, and have the same meaning, if it were written more like this:
1r. A licensee, as defined in ..., except if the person is in or on the grounds of a school.
Then, it would be clearer to most readers, that the class I felony (for possessing a firearm in/on school grounds) or the Class B forfeiture (for possessing a firearm in the doughnut from 0-1000 ft. from the school grounds),
does not apply to:
A licensee that is not in or on the school grounds.
BOTTOM LINE:
If a licensee or non-licensee wants to possess a firearm on school grounds, they will first have to unload, then encase or Lock in a case or Lock in a motor vehicle rack.
WI 948.605 (2)(b)3 allows all 3 ways to enclose the firearm.
18USC922(q)(2)(B)(iii) only allows the Locked case or the Locked in a motor vehicle rack.
No Open or Concealed Carry is allowed on school grounds.