Re-edited
This is the best I can figure...
FEDERAL
18 USC Sec. 921 (25)
The term "school zone" means
1. in, or on the grounds of, a public, parochial or private school; or
2. within a distance of 1,000 feet from the grounds of a public, parochial or private school.
US 18 USC 922 (q) (2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license
This seems to say that the federal law does not allow you within 1000 ft of a school. But, you are OK on school grounds or within 1000ft if you have a CCL.
Wisconsin
WI-DOJ
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.
948.605 (1)
(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.
WI - 948.605
(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).
a. Note (WI) does not include following federal law:
1. (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located
and the law of the State requires that, before an individual obtains such a license, the law enforcement
authorities of the State verify that the individual
is qualified under law to receive the license
2. (iii) that is -
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle
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).
At first this seems to say that WI allows you to carry on grounds with a CCL, but…no.
-It looks like (WI) 1m gives permission based on the US code for CCL carry on grounds and within 1000ft. But, WI excludes ii, which actually refers to the Federal exemption for a State license. So, since WI excludes the federal allowance for on grounds and 1000ft, it has to then add an exemption back in with 1r. But, WI limits the exemption to only carrying within 1000ft, not the "on grounds" part. Its awkwardly written, but seems to say {Except if the person is in or on the grounds of a school, a licensee (can carry in the school zone)}
1r also expands the exemption into the WI law for people who have the WI CCL, or an OOS CCL.
Under Federal law para (iii), it says the firearm has to be in a locked container. In WI 948.605 (2) (b) 3 a, it says it has to be "encased," but says nothing about a "locked" container. WI 167.31(1)(b) says encased means enclosed in a case that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.
Citizenry in general is prohibited from carrying in a school zone. If you have a CCL, then you can carry within 1000ft of a school but not on a school's grounds or in buildings.
Feds/WI differ on OOS licensees:
Feds say, "licensed to do so by the State in which the school zone is located." So, a resident of the State would be OK. A non-resident with a OOS license from that State would be OK.
WI says, folks with a WI license are OK. Folks with another State license would be OK.
-- So, if you are an OOS licensee in WI, WI authorities would leave you alone. Feds could arrest you for violating federal law.
-- obviously open to interpretation.
Federal law says you have to have a locking container. WI law says just enclosed in a case.
Interesting too, that both talk about firearms, not concealable arms. So, it would seem these laws apply to both.
-So, does this mean only people with ccl can carry long guns within a school zone, unless encased (or in a locked container) or locked in a rack?
This is the best I can figure...
FEDERAL
18 USC Sec. 921 (25)
The term "school zone" means
1. in, or on the grounds of, a public, parochial or private school; or
2. within a distance of 1,000 feet from the grounds of a public, parochial or private school.
US 18 USC 922 (q) (2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license
This seems to say that the federal law does not allow you within 1000 ft of a school. But, you are OK on school grounds or within 1000ft if you have a CCL.
Wisconsin
WI-DOJ
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.
948.605 (1)
(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.
WI - 948.605
(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).
a. Note (WI) does not include following federal law:
1. (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located
and the law of the State requires that, before an individual obtains such a license, the law enforcement
authorities of the State verify that the individual
is qualified under law to receive the license
2. (iii) that is -
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle
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).
At first this seems to say that WI allows you to carry on grounds with a CCL, but…no.
-It looks like (WI) 1m gives permission based on the US code for CCL carry on grounds and within 1000ft. But, WI excludes ii, which actually refers to the Federal exemption for a State license. So, since WI excludes the federal allowance for on grounds and 1000ft, it has to then add an exemption back in with 1r. But, WI limits the exemption to only carrying within 1000ft, not the "on grounds" part. Its awkwardly written, but seems to say {Except if the person is in or on the grounds of a school, a licensee (can carry in the school zone)}
1r also expands the exemption into the WI law for people who have the WI CCL, or an OOS CCL.
Under Federal law para (iii), it says the firearm has to be in a locked container. In WI 948.605 (2) (b) 3 a, it says it has to be "encased," but says nothing about a "locked" container. WI 167.31(1)(b) says encased means enclosed in a case that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.
Citizenry in general is prohibited from carrying in a school zone. If you have a CCL, then you can carry within 1000ft of a school but not on a school's grounds or in buildings.
Feds/WI differ on OOS licensees:
Feds say, "licensed to do so by the State in which the school zone is located." So, a resident of the State would be OK. A non-resident with a OOS license from that State would be OK.
WI says, folks with a WI license are OK. Folks with another State license would be OK.
-- So, if you are an OOS licensee in WI, WI authorities would leave you alone. Feds could arrest you for violating federal law.
-- obviously open to interpretation.
Federal law says you have to have a locking container. WI law says just enclosed in a case.
Interesting too, that both talk about firearms, not concealable arms. So, it would seem these laws apply to both.
-So, does this mean only people with ccl can carry long guns within a school zone, unless encased (or in a locked container) or locked in a rack?
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