GlockRDH
Regular Member
Per Snake: "And we all know that any posted business cannot enforce any sort of "no guns" policy in their parking lot." Does this extend to OUTSIDE of ones vehicle? Im thinking it would NOT...
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'No Guns Allowed' what EXACTLY does this mean... ?
- Thread starter GlockRDH
- Start date
Motofixxer
Regular Member
Sounds like attempting to nitpick the regulation which is a fine line easy to crossover and get oneself in trouble. But as for the parking lot, from my understanding they can't really do much about you there unless you were informed to leave.
GlockRDH
Regular Member
Actually, Im not trying to nitpic...but trying to get something MORE definitive as to what the statute says...
A Very Good Place to Start
Somewhat. You want to use everyday definitions for terms that have specific meaning in the context of a statute.
Sure, let's get GlockRDH to do it. If he doesn't know where to find it (doubtful as he seems pretty informed) then a request for assistance would be appropriate. But let's not be lazy. Start at http://legis.wisconsin.gov/rsb/stats.html
Somewhat. You want to use everyday definitions for terms that have specific meaning in the context of a statute.
Sure, let's get GlockRDH to do it. If he doesn't know where to find it (doubtful as he seems pretty informed) then a request for assistance would be appropriate. But let's not be lazy. Start at http://legis.wisconsin.gov/rsb/stats.html
http://docs.legis.wisconsin.gov/2011/related/acts/35.pdf
page 12, (15M)(b)
page 13, (16)
page 17, 943.13 (1m)
943.13 (2) (bm) 1. In this paragraph, “sign” means a
sign that states a restriction imposed under subd. 2. that
is at least 5 inches by 7 inches.
2. a. For the purposes of sub. (1m) (c) 1m., an owner
of a residence that is not a single−family residence has
notified an individual not to enter or remain in a part of
that building, or on the grounds of that building, while
carrying a firearm or with a particular type of firearm if
the owner has posted a sign that is located in a prominent
place near all of the entrances to the part of the building
to which the restriction applies or near all probable access
points to the grounds to which the restriction applies and
any individual entering the building or the grounds can be
reasonably expected to see the sign.
am. For the purposes of sub. (1m) (c) 2., 4., and 5.,
an owner or occupant of a part of a nonresidential build-ing, the state or a local governmental unit, or a university
or a college has notified an individual not to enter or
remain in a part of the building while carrying a firearm
or with a particular type of firearm if the owner, occupant,
state, local governmental unit, university, or college has
posted a sign that is located in a prominent place near all
of the entrances to the part of the building to which the
restriction applies and any individual entering the build-ing can be reasonably expected to see the sign.
b. For the purposes of sub. (1m) (c) 2., an owner or
occupant of the grounds of a nonresidential building or of
land has notified an individual not to enter or remain on
the grounds or land while carrying a firearm or with a par-ticular type of firearm if the owner or occupant has posted
a sign that is located in a prominent place near all prob-able access points to the grounds or land to which the
restriction applies and any individual entering the
grounds or land can be reasonably expected to see the
sign.
c. For the purposes of sub. (1m) (c) 3., the organizers
of the special event have notified an individual not to
enter or remain at the special event while carrying a fire-arm or with a particular type of firearm if the organizers
have posted a sign that is located in a prominent place
near all of the entrances to the special event and any indi-vidual attending the special event can be reasonably
expected to see the sign.
Details
For many good reasons, once a session law (such as Act 35) has been incorporated into the statutes, you should cite to the statute of interest. The provisions above relate to trespassing and/or licensees. There is nothing in any of them that prohibits an employer from sanctioning a non-licensee employee for having a weapon in the company parking lot.
In the following, where is concealed carry mentioned? I agree that the restrictions apply to both OC and CC but there isn't any "No CC sign" language in this statute.
For many good reasons, once a session law (such as Act 35) has been incorporated into the statutes, you should cite to the statute of interest. The provisions above relate to trespassing and/or licensees. There is nothing in any of them that prohibits an employer from sanctioning a non-licensee employee for having a weapon in the company parking lot.
In the following, where is concealed carry mentioned? I agree that the restrictions apply to both OC and CC but there isn't any "No CC sign" language in this statute.
MKEgal
Regular Member
167.31GlockRDH said:
It doesn't say anything about private or public property.
943.13(2)(bm)(1)apjonas said:
In this paragraph, "sign" means a sign that states a restriction imposed under subd. 2. that is at least 5 inches by 7 inches.
Page up from the above; it's in 943.13.GlockRDH said:
(1m) Whoever does any of the following is subject to a Class B forfeiture
(b) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises. This paragraph does not apply to a licensee or out-of-state licensee if the owner's or occupant's intent is to prevent the licensee or out-of-state licensee from carrying a firearm on the owner's or occupant's land.
(c)
1. While carrying a firearm, enters or remains at a residence that the actor does not own or occupy after the owner of the residence, if he or she has not leased it to another person, or the occupant of the residence has notified the actor not to enter or remain at the residence while carrying a firearm or with that type of firearm. In this subdivision, "residence," with respect to a single-family residence, includes the residence building and the parcel of land upon which the residence building is located, and "residence," with respect to a residence that is not a single-family residence, does not include any common area of the building in which the residence is located or any common areas of the rest of the parcel of land upon which the residence building is located.
1m. While carrying a firearm, enters or remains in a common area in a building, or on the grounds of a building, that is a residence that is not a single-family residence if the actor does not own the residence or does not occupy any part of the residence, if the owner of the residence has notified the actor not to enter or remain in the common area or on the grounds while carrying a firearm or with that type of firearm. This subdivision does not apply to a part of the grounds of the building if that part is used for parking and the firearm is in a vehicle driven or parked in that part.
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 to a part of a building, grounds, or land occupied by the state or by a local governmental unit, 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, or, 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.
3. While carrying a firearm, enters or remains at a special event if the organizers of the special event have notified the actor not to enter or remain at the special event while carrying a firearm or with that type of firearm. This subdivision does not apply, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the special event grounds or building used as a parking facility.
4. [While carrying a firearm,] Enters or remains in any part of a building that is owned, occupied, or controlled by the state or any local governmental unit, excluding any building or portion of a building under s. 175.60 (16) (a), if the state or local governmental unit has notified the actor not to enter or remain in the building while carrying a firearm or with that type of firearm. This subdivision does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.
GlockRDH
Regular Member
GlockRDH
Regular Member
Hypothetica...but very plausible... a hotel posts the parking lot... you are allowed to keep it in your car...BUT, as soon as you transport it across the parking lot to the building and untimately to your room (which some argue IS a safe carry place)... would you not technically be trespassing WHILE in the parking lot? Thus, negating your ability to even transport it to your room? Thoughts? 