I don't see where permit holders are exempt from the 1000' rule, either.
It sounds to me that if you are in the 1000 ft zone, carrying openly or concealed, with a permit, but not in the school or on the school grounds, it is a fine but not a felony. However, no permit is still a felony within 1000 ft.That bit about GFSZ doesn't look so good, unless I read it incorrectly.....
It sounds to me that if you are in the 1000 ft zone, carrying openly or concealed, with a permit, but not in the school or on the school grounds, it is a fine but not a felony. However, no permit is still a felony within 1000 ft.
The information on page 9 that refers to the Gun Free School zone is incorrect. The bill reduces the penalty for knowingly open carry of a firearm in the 1000 foot boundary from a felony to a misdemeanor but the open carry of a firearm is still prohibited. Concealed carry is exempted from the prohibition if the person has a valid concealed carry permit. The permit satisfies the requirements of paragraph 948.605(2)(b)2 as listed below. Senator Galloway and the LRB must be informed of this misunderstanding by the LRB.
(2) Possession of firearm in school zone.
948.605(2)(a)
(a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony.
948.605(2)(b)
(b) Paragraph (a) does not apply to the possession of a firearm:
948.605(2)(b)1.
1. On private property not part of school grounds;
948.605(2)(b)2.
2. If the individual possessing the firearm is licensed to do so by a political subdivision of the state or bureau of alcohol, tobacco and firearms in which political subdivision the school zone is located, and the law of the political subdivision requires that, before an individual may obtain such a license, the law enforcement authorities of the political subdivision must verify that the individual is qualified under law to receive the license;
948.605 (2) (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.
Doesn't mentioned concealed.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).
Correct me if I'm wrong, but I think this is the way open carry goes.
Regarding school "zones":
If you open carry, you don't have to get a permit. But, you need that permit if you want to be in a school zone (defined at 1000ft of school property).
Basically open carry is the same as it was before. You have to have the permit to get into like bars/restaurants or state parks and other places that the SB93 now allows. I think only thing that might have changed for open carry with no permit, besides the school zone penalty, as the car possession provision?
There should be a FAQ on open carry without a permit
The new law without a permit adds car carry.
The license that will be issued by the state of Wisconsin under SB93 authorizes a specific manner of carry, concealed carry. By default the only manner of carry lawful in public areas of the 1000 foot zone is concealed carry because that is the only manner of carry the license issued under SB93 authorizes.
(f) “Out−of−state license” means a valid permit,
license, approval, or other authorization issued by
another state if all of the following apply:
1. The permit, license, approval, or other authorization
is for the carrying of a concealed weapon.
2. The state is listed in the rule promulgated by the
department under s. 165.25 (12) and, if that state does not
require a background search for the permit, license,
approval, or authorization, the permit, license, approval,
or authorization designates that the holder chose to submit
to a background search.
Paul:
the statute does say carry in the 1000 foot zone is exempted if the person has a license issued by the state or a political subdivison thereof.
My opinion