Carrying passing by a school?
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Carrying passing by a school?

This is a discussion on Carrying passing by a school? within the Wisconsin Discussion and Firearm News forums, part of the Firearms Discussion by State category; Question concealed carry in Wisconsin. I know I canít carry with in a 1000ft of a school unless I live ...

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    Question Carrying passing by a school?

    Question concealed carry in Wisconsin. I know I canít carry with in a 1000ft of a school unless I live close to it.
    What if I am driving by a school and get pulled over and I have my gun concealed on me. Could I be charged? For just passing by a school or am I off base all to gather.

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    Quote Originally Posted by Stephen Loukanis View Post
    Question concealed carry in Wisconsin. I know I can’t carry with in a 1000ft of a school unless I live close to it.
    What if I am driving by a school and get pulled over and I have my gun concealed on me. Could I be charged? For just passing by a school or am I off base all to gather.
    It depends on your state (not listed on your headed or in the OP) and the local ordinances regarding such matters.

    I hate to quote any generalizations about school zones since the "school safety zone" laws are so widely varied and so readily misused by LE. It's best to check your local laws.

    Try this on for size. Index of /states

    Good luck.
    To not stand against injustice is to stand for it.
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    My personality is who I am, my attitude depends on who you are.

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    Very helpful Thank you
    948.605(2)
    (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.
    (b) 1r. 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. ß 948.605(2)(b)1r.
    “School” is defined as “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.”

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    Geez... I guess you did mention Wisconsin, didn't you?
    To not stand against injustice is to stand for it.
    Don't confuse my personality and my attitude.
    My personality is who I am, my attitude depends on who you are.

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    Quote Originally Posted by Stephen Loukanis View Post
    Question concealed carry in Wisconsin. I know I canít carry with in a 1000ft of a school unless I live close to it.
    What if I am driving by a school and get pulled over and I have my gun concealed on me. Could I be charged? For just passing by a school or am I off base all to gather.
    If you read the phamlet that came with the wisconsin ccw permit. it does say that you can carry within a 1000ft of a school just not on the school grounds

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    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. ß 948.605(2)(b)1r.

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    Quote Originally Posted by jerkos View Post
    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. ß 948.605(2)(b)1r.
    .
    Careful, careful, careful. That is NOT the view or interpretation of the federal Gun Free School Zones Act (18 USC 922) taken by the BATFE with respect to out-of-state permits. The fed interpretation:
    .
    “The law clearly provides that in order to qualify as an
    exception to the general prohibitions of the Gun-Free
    School Zones Act, the license must be issued by the State
    in which the school zone is located or a political
    subdivision of that State. A concealed weapons license or
    permit from any other State would not satisfy the criteria
    set forth in the law.”
    .
    See Index of /states. Look up on BATFE informational links.
    .
    I have spoken with some local LEOs here in Wisconsin and state LEOs in Michigan, and they all said that they would not arrest an out-of-stater with a permit recognized by their state for being within 1000’ of a school with a firearm. But one mentioned that if there is suspicion that you have violated a federal law, you could be held for arrest by a federal agent, subsequently to be prosecuted by a federal attorney for felony violation of the GFSZA. As far as the feds are concerned, your permit, if it is not issued by the state in which the school is located, does not give you immunity from the 1000’ rule. I challenge you to cross any urban or suburban region without coming within 1000’ of a public or private school. Word to the wise. Legally, you are on very thin ice carrying your firearm out of state unless you have a permit issued by the state you’re in, or you fall under LEOSA.

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    That was copied straight from the Wis. Stat., but you're right. When it comes to the Fed. screw you. Caution, caution, caution.
    Thanks,JCliff.

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    Quote Originally Posted by jerkos View Post
    That was copied straight from the Wis. Stat., but you're right. When it comes to the Fed. screw you. Caution, caution, caution.
    Thanks,JCliff.
    .
    You are correct, in that you would not be in violation of any Wisconsin state law by carrying a firearm within 1000’ of a school on a permit issued by another state recognized by the state of Wisconsin. But you would not be in compliance with the federal law, and its violation is a felony. There are many city police chiefs (appointed, not elected…Milwaukee comes to mind) who are stridently anti-2A. Couple that with a few liberal (appointed) federal prosecutors trying to make a name for themselves and it’s not difficult to envision the scenario whereby you find yourself in some really deep poop. Having said all this, I am not aware of any prosecutions anywhere on this exact issue. I personally do not wish to be the test case.
    .
    Prior to Newtown there was a movement to correct this legislative misstep with respect to out-of-state permit reciprocity in the federal GFSZA that was gaining political traction. I strongly suspect it is unlikely that it will be fixed anytime soon now, if ever. The whole GFSZA law is yet another example of bad legislation, which accomplished nothing in terms of safety to the community, which only represents a threat to the law-abiding citizen who mistakenly and innocently runs afoul of it.
    .
    I’m not a lawyer…but if you travel a lot I would try and obtain non-resident licenses for the states you travel in if they are available. The way I read it, if I have a Utah non-resident permit, I’m OK with respect to the GFSZA law while I’m in Utah. Permit reciprocity just is not recognized by the federal GFSZA. If you are traveling armed on the fact that your permit is recognized by the state you’re traveling in, understand that you are not in compliance with federal law anytime you come inside that 1000’ bubble. Good luck avoiding all those. That will happen even when you’re driving down the interstate.

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    Quote Originally Posted by jerkos View Post
    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. ß 948.605(2)(b)1r.
    Not entirely true. If driving a vehicle, the vehicle is private property and you may store an unloaded, cased firearm in the vehicle while on school grounds.

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