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Understanding Where You Can't Carry in Wisconsin

apjonas

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In response to a poster's request, I threw together a guide on the trespass issues of SB93+. I did not proofread, quality check, etc. There are bound to be mistakes, typos etc. Please do not beat me up. It is intended as a first draft for others to improve - perhaps make into a pamphlet some day. If you do find problems or have comments on any aspect of the work, please post them. I am not going to edit any more. The board owners can undertake the job (or delete this thread) as they see fit. All the usual disclaimers apply with an emphasis on not relying on this information until it is reviewed by a Wisconsin attorney and approved by OCDO.

//document start//

175.60(16) PROHIBITED GOVERNMENT FACILITIES?
Note: This is section is NOT part of the trespass law, violation is 500 fine, up to 30 days imprisonment or both.
What is a Prohibited Government Facility?: Look under each individual entry.
Is Notice Required?: NO!
How is Notice Given?: not applicable
Are there Exceptions?: Yes.
What are the Exceptions?: Vehicle carry is ok even in/on parking facilities of the Prohibited Government Facilities. Some places may have additional exceptions. These are listing under each category.

Prohibited Government Facilities (defined in 175.60(16)):
1. Any portion of a building that is a police station, sheriff’s office, state patrol station, or the office of a division of criminal investigation special agent of the Wisconsin Department of Justice.
2. Any portion of a building that is a prison, jail, house of correction, or secured correctional facility.
3. The facility established under s. 46.055 (a secure mental health facility for sexually violent persons).
4. The center established under s. 46.056. (Wisconsin Resource Center on the grounds of the Winnebago Mental Health Institute near Oshkosh).
5. Any secured unit or secured portion of a mental health institute under s. 51.05, including a facility designated as the Maximum Security Facility at Mendota Mental Health Institute.
6. Any portion of a building that is a county, state, or federal courthouse, courthouse or courtroom, whether or not court is in session. Exceptions for (1) a licensed* judge (2) a licensed district attorney (3) a licensed assistant district attorney (4) a licensee who has written permission for a judge to carry.
7. Any portion of a building that is a municipal courtroom if court is in session. Exceptions for (1) a licensed judge (2) a licensed district attorney (3) a licensed assistant district attorney (4) a licensee who has written permission for a judge to carry.
8. A place beyond a security checkpoint in an airport. Vehicles in parking areas are still excepted, although it is unclear how that would happen.

*licensed here meaning possession a valid concealed carry license

Note: Some areas have separate federal prohibitions that are the same or more expansive.

DEFINITIONS

Owner - holder of legal title to property. (e.g. a landlord)
Occupant - Someone other than the Owner who lawfully occupies property. (e.g. a tenant)
Notice from the Owner or Occupant -A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted.

Abbreviations Used in this Document

CU = COLLEGE OR UNIVERSITY
GB = GOVERNMENT BUILDING
GOV = GOVERNOR OF WISCONSIN
NCA = RESIDENCE - NON-SINGLE FAMILY COMMON AREA
NFOO = NOTICE FROM OWNER OR OCCUPANT
NR = NONRESIDENTIAL BUILDING
NSF = RESIDENCE - NON-SINGLE FAMILY
PF = PARKING FACILITY OR AREA
PGF = PROHIBITED GOVERNMENT FACILITY
QT = QUALIFIED TRAINING
RES = RESIDENT, RESIDENCE, RESIDE
SE = SPECIAL EVENT
SF = RESIDENCE - SINGLE FAMILY
VCCL = VALID CONCEALED CARRY LICENSE (WISCONSIN OR OTHER STATE)
WIS. STAT. = WISCONSIN STATUTE(S)
WISDOJ = STATE OF WISCONSIN DEPARTMENT OF JUSTICE
WSA = WISCONSIN STATE ASSEMBLY
WSAG = WISCONSIN STATE ATTORNEY GENERAL
WSS = WISCONSIN STATE SENATE
WSSC = WISCONSIN STATE SUPREME COURT


General Rule
You can carry in your vehicle on/in a parking area/facility, even if carry is prohibited at the destination itself (whether by statute or posting). The only exception is a Residence - Single-Family.

TRESPASS LAW TREATMENT OF SPECIFIC PLACES



NOTE 1

- In all these places, notice of some type is required to ban carry. The specific type of notice that is required, the individuals who are authorized to provide notice and those who may carry, notice notwithstanding are set out in each category.


NOTE 2

- With the exception of LAND and RESIDENCE - SINGLE FAMILY, all of these areas have an exception for vehicle carry. This exception holds even if the vehicle is driven or parked in/on a parking area of the area or facility in question. Any other exceptions are listed each category.


NOTE 3

- Places listed above under PROHIBITED GOVERNMENT FACILITIES (PGF) are NOT part of the GOVERNMENT BUILDING trespass law scheme. Please read the PGF section for important information.


NOTE 4
- There may be federal law restrictions on carry in some of these places that mirror or exceed the state trespass law.

I. LAND -
Reference - Wis. Stat. 943.13(1m)(b)


Note: SB93 references “land” not “open land,” open land being a subset of the broader term land but the definition of open land is set forth for reference:

943.13(1e)(f) “Open land” means land that meets all of the following criteria:
1. The land is not occupied by a structure or improvement being used or occupied as a dwelling unit.
2. The land is not part of the curtilage, or is not lying in the immediate vicinity, of a structure or improvement being used or occupied as a dwelling unit.
3. The land is not occupied by a public building.
4. The land is not occupied by a place of employment.

What is Land?: Land is a broad term - assume it means all real estate not otherwise covered by the law. For SB93 purposes, it does not include land associated with residential buildings, nonresidential buildings, government buildings, special events, prohibited government facilities. A farmer’s field is land (may be “open land”) that is likely covered under this provision as is a state forest (which may have other applicable law as well).
Who Gives Notice?: The owner or occupant.
How is Notice Given?: Posting at least two signs, minimum 11” x 11”, for every 40 acres.
Are there exceptions?: Yes.
What are the exceptions?: Anti-gun bias.

Example L1a. Anti-gun Bias
Bob, Carol, Ted and Alice walk up to Farmer Jones’ open land intending to take a shortcut to a public access lake. Farmer Jones says they are welcome to cross his land for that purpose except for Alice who is carrying a .357. Farmer Jones does not like handguns and tells Alice she is welcome once she disposes of the weapon. All four can cut across Farmer Jones’ land because his intent in denying Alice permission was to prevent her from carrying her firearm.

Example L1b. If Farmer Jones had instead said “I support carry but I never allow anyone to cross my land, you’ll have to go through the public entrance.” (an extra 200 yard walk), then none of the four could take the short cut.

In either case, Farmer Jones, instead of standing sentry, could also have posted a sign, at least 11” x 11” in at least two conspicuous places for every 40 acres he’s trying to protect, stating something like:

with the same result as in L1b.

if he had posted
************************************************
Entering onto this land is prohibited -
but only if you are carrying a firearm.
Violation is subject to a Class B Forfeiture
under Wis. Stat. 943.12(1m)(b)
Farmer Jones, Owner

************************************************

as in L1a, a licensee would not be subject to 943.12(1m)(b) but may be in violation of some other law.

************************************************
Entering onto this land is prohibited.
Violation is subject to a Class B Forfeiture
under Wis. Stat. 943.12(1m)(b)
Farmer Jones, Owner

************************************************
Then the four would have to take the long way as in L1b.

II. RESIDENTIAL BUILDINGS - SINGLE FAMILY
Reference: Wis. Stat. 943.13(1m)(c)1.


What is a Single-Family Residential Building?: Not defined in the law - use a common sense definition. For the purposes of this section, a single-family residence includes the house and the land, including a driveway or other parking area.
Who Gives Notice?: The owner or occupant (and presumably either's agent).
How is Notice Given?: Written or oral notice.
What are the Exceptions:? A person who leases part of the premises. Which would seem to be the same thing as "occupant."

HYPOTHETICAL EXAMPLES FOR RESIDENTIAL BUILDINGS - SINGLE FAMILY

Example SF1: Alberta wants to visit her friend Joanne, who lives in a detached ranch home on ½ acre. Joanne has a big sign on every side of her property instructing people not to carry. Alberta may not carry anywhere on Joanne’s property, including in her car if it is driven or parked on the property. Alberta will have to secure her firearm in her vehicle on the public street or commercial parking facility and walk to Joanne’s house.

Example SF2: The night before Frank goes to visit Joanne, a tornado rips all of her “No Carry” signs to shreds. Frank never knew of Joanne’s preference but as he approaches her property, Joanne shouts “I don’t allow carry on my property!” Frank must return to his vehicle and secure his weapon. If he had parked in Joanne’s driveway, he must relocate his car to another place.

Example SF3: Joanne rents her spare bedroom to Tamara. While a tenant, Tamara may carry on the property even if Joanne objects. Furthermore Tamara may permit others to carry on Joanne’s property. In either case, carry is subject to the extent her lease gives Tamara access, for example the kitchen is ok but Joanne’s own bedroom is not.

III. RESIDENTIAL BUILDINGS - NON-SINGLE FAMILY
Reference: Wis. Stat. 943.13(1m)(c)1.


What is a Non-Single Family Residential Building?: Not defined in the law - use a common sense definition. A residental building designed for more than one family (e.g. an apartment complex or boarding house). Does not include Common Areas - see 943.13(1m)(c)2.
Who Gives Notice?: The owner or occupant (and presumably either's agent).
How is Notice Given?: Written or oral notice.
What are the Exceptions:? 1. A person who leases part of the premises. Which would seem to be the same thing as "occupant" or "owner" - in a condo/coop situation.
2. Vehicle carry is ok even in/on parking facilities of the Non-Single Family Residential Building.

HYPOTHETICAL EXAMPLES FOR RESIDENTIAL BUILDINGS - NON-SINGLE FAMILY

Example NSF1: Frank is going to visit his friend Larry, who lives in Apartment 204 at Happy Dales Apartment Complex. Larry asked you not to carry while visiting. His decision applies only to his apartment. If Frank is also going to visit Mary who lives in Apartment 209 and is ok with carrying, you can visit Mary, leave your firearm there, visit Larry and pick up your gun on the way out.

Example NSF2: Mr. Furley, owner/manager of the complex can tell you not to carry in the common areas (hallways, laundry room, swimming pool) if you are there not to visit an apartment but say to say pick up an application from the front office. Mr. Furley (or Larry) cannot prohibit Frank from carrying in his vehicle even if it is driven or parked on the Happy Dales property.

IV. RESIDENTIAL BUILDINGS - NON-SINGLE FAMILY - COMMON AREAS
Reference - Wis. Stat. 943.13(1m)(c)1.


What is a Non-Single Family Residential Building - Common Area?: The common areas of a residence that is designed for more than one family. May or may not include the common areas of duplexes.
Who Gives Notice?: The owner.
How is Notice Given?: The owner has posts a sign (5” x 7” minimum) 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.
What are the Exceptions?: Vehicle carry is ok even in/on parking facilities of the Non-Single Family Residential Building - Common Areas.

HYPOTHETICAL EXAMPLES FOR RESIDENTIAL BUILDINGS - NON-SINGLE FAMILY - COMMON AREAS
##COMING SOON##

V. NONRESIDENTIAL BUILDINGS
Reference - Wis. Stat. 943.13(1m)(c)2.

What is a Non-Residential Building?: Defined in 943.13(1e)(cm)), Nonresidental Buildings (which includes some types of buildings in which people do reside) include a nursing home, a residential care apartment complex, a community-based residential facility, an adult family home or hospice. It includes the grounds of these facilities. These types of facilities are defined elsewhere in Wisconsin statutes. The following are specifically excluded from the definition of nonresidential buildings:

(1) a part of a building, grounds, or land occupied by the state or by a local governmental unit - these are covered under Wis. Stat. 943.13(b).
(2) 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 of college - these are covered under Wis. Stat. 943.13(b)

Who Gives Notice?: The owner (for any part that is not leased) or occupant (for the part he leases).
How is Notice Given?: The owner or occupant posts a sign (5” x 7” minimum) 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 building can be reasonably expected to see the sign.
What are the Exceptions?: Vehicle carry is ok even in/on parking facilities of the Nonresidential Building. There is no “common area” exception but it seems logical that the path from the parking area to a permitted area must be carry ok. Otherwise this section is meaningless as to consent by an occupant.

HYPOTHETICAL EXAMPLES FOR NONRESIDENTIAL BUILDINGS

Example NR1: Bob wants to visit his grandfather at Don’t Buy Green Bananas Nursing Home where he leases a nice apartment. Grandpa is ok with Bob carrying. The owner of DBGBNH is not and has posted signs at every entrance to that effect. It seems clear that Bob can carry in Grandpa’s apartment but not in the Matlock TV lounge. The question remains: is Bob allowed to carry from his vehicle along the direct and obvious path to Grandpa’s apartment?

VI. SPECIAL EVENT
Reference: 943.13(1m)(c)3.

What is a Special Event?: 943.13(1e)(h) defines “Special Event" as an event that is open to the public, is for a duration of not more than 3 weeks, and either has designated entrances to and from the event that are locked when the event is closed or requires an admission.
Who Gives Notice?: The organizers of the Special Event.
How is Notice Given?: Posting.
Are there exceptions?: Yes.
What are the exceptions?: Vehicle carry is ok even in/on parking facilities of the Special Event.

HYPOTHETICAL EXAMPLES FOR SPECIAL EVENT

Example SE1: ##COMING SOON##

VI. GOVERNMENT BUILDINGS
Reference: 943.13(1m)(c)


What is a Government Building? Except those places listed under PROHIBITED GOVERNMENT FACILITIES earlier in this document - a GOVERNMENT BUILDING is a building or part thereof that is owned, occupied, or controlled by the state or any local governmental unit, excluding any building or portion of a building that leased to a non-governmental party.
Who Gives Notice?: The state or local government.
How is Notice Given? Personal Notification, Written Notification, Posting. For the posting option, the state or local government unit posts a sign (5” x 7” minimum) in a prominent place near all of the entrances to the part of the building to which the restriction applies and which any individual entering the building can be reasonably expected to see.
Are there Exceptions?: Yes.
What are the Exceptions?: 1. Vehicle carry is ok even in/on parking facilities of the Government Building.

HYPOTHETICAL EXAMPLES FOR GOVERNMENT BUILDINGS

Example GB1: ##COMING SOON##

VII. COLLEGES AND UNIVERSITIES
Reference: Wis. Stat. 943.13(1m)(c)5.

What are Colleges and Universities?: Any privately or publicly owned building on the grounds of a university or college.
Who Gives Notice?: The college or university.
How is Notice Given? The college or university posts a sign (5” x 7” minimum) 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 building can be reasonably expected to see the sign.
What are the Exceptions?: 1. Vehicle carry is ok even in/on parking facilities of Colleges and Universities.
2. A person who leases residential or business premises in a building as it pertains to those premises.

HYPOTHETICAL EXAMPLES FOR COLLEGE/UNIVERSITY

Example CU1: The University of Wisconsin (Madison) goes into overdrive and posts anything and everything that could be construed as an entrance to each of its buildings. Now -
a. Freddie Freshman, age 21, is late in starting his academic career. He is assigned a single room in the new Barry Alvarez Hall for Late Bloomers. Can Freddie (a licensee) carry to and from his room?
b. Does it matter if Freddie is in a double room with Sam Sophomore, age 19?

//document end//
 
Last edited:

SourKraut

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I just got back from state fair park (IZOD 225), still a newbie who has only carried a sidearm while hunting- would it have been legal for me to open carry today?

I'd rather be all correct than get hassled. Thanks- kraut
 

paul@paul-fisher.com

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apjonas!!! 2 thumbs up! Haven't found a problem yet. Well written! I think this will be the toughest part of the new law to remember all the scenarios.
 

apjonas

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Thank You for Your Kind Words

apjonas!!! 2 thumbs up! Haven't found a problem yet. Well written! I think this will be the toughest part of the new law to remember all the scenarios.

You are either being very considerate or haven't read the whole thing. I have found a number of errors but these include typos, omissions or inconsistent formatting. I would like the document to be available for interested parties to edit (Wiki-Trespass?). Despite my previous statement, I will continue to edit (since there seems to be some interest). I would ask that people post corrections, comments, questions to this same thread (PM are ok - but delayed in response). If the OCDO Central Committee has a better idea, please speak up.
 

oliverclotheshoff

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I just got back from state fair park (IZOD 225), still a newbie who has only carried a sidearm while hunting- would it have been legal for me to open carry today?

I'd rather be all correct than get hassled. Thanks- kraut

as it sit right now you cannot carry in a state park but once sb93 is made new law than you will be ableto state park carry.
 

paul@paul-fisher.com

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You are either being very considerate or haven't read the whole thing. I have found a number of errors but these include typos, omissions or inconsistent formatting. I would like the document to be available for interested parties to edit (Wiki-Trespass?). Despite my previous statement, I will continue to edit (since there seems to be some interest). I would ask that people post corrections, comments, questions to this same thread (PM are ok - but delayed in response). If the OCDO Central Committee has a better idea, please speak up.

So far I was reading for content. This section has been a little confusing for me so you at least made it clearer for me. I'm sure as we all re-read it we will find additional places to tweak.
 

Teej

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I just got back from state fair park (IZOD 225), still a newbie who has only carried a sidearm while hunting- would it have been legal for me to open carry today?

I'd rather be all correct than get hassled. Thanks- kraut

The biggest 'no' I'm aware of is knowing they sell beer for consumption there. Can't carry in a place with a class B without written permission.

May also have run afoul of gov't ownership of bleachers/bathrooms depending on who actually owns the facility.
 

Outdoorsman1

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Originally Posted by SourKraut
I just got back from state fair park (IZOD 225), still a newbie who has only carried a sidearm while hunting- would it have been legal for me to open carry today?

I'd rather be all correct than get hassled. Thanks- kraut

as it sit right now you cannot carry in a state park but once sb93 is made new law than you will be ableto state park carry.

More Info here....

http://forum.opencarry.org/forums/s...E-quot-Rummage-Sale-quot-)-at-State-Fair-Park...

From there....

I just got a call from the person in charge of the event. He is a strong supporter of constitutional and legal rights. After checking out the link to this website he was a little confused as to the legality of OC in a place that serves alcohol. We discussed his concerns and I pointed out that it was in fact legal with permission (why I e-mailed him in the first place)... He then had questions on actually who could give permission. I explained that management, owner, or who’s name actually appears on the Class B license. I actually directed him to my link, and then to the "New to OC in Wisconsin Thread" then to the actual list of the State Statutes and then to the actual link for the 941.237 statute, we discussed in detail reading the actual statue. Then it was about him renting the space and could permission come from the renter or would it have to come from the owner. I explained that the way I understood previous discussions in here, that a renter has the ability to give the permission as in a businessman who rents a building to operate a tavern, has the authority to give permission. Then it was about the fact that the actual building was a public building. We talked about it not being legal in government buildings, school zones, state parks, but as it was it legal, then legal in public buildings. Then he said he understood all the information but was going to call the "State Fair Police" to ask them my question. I asked the question if they were actual LEO or hired security... he reassured me they were or at one time were actual LEO.

Before I finished typing this update he called back and said that they State Fair LEO informed him that OC was not allowed in State Fair Park as it is owned by the state of Wisconsin..?? And they provided him this link to the state statute covering this. I have not yet read the link so I will be reading it for the first time after I post this update...

https://docs.legis.wisconsin.gov/cod...fp/2/14?down=1

All in all I was impressed by his interest and seemly willingness to give permission until he spoke to the LEO and received their link... I thanked him for his interest and that as the decision was out of his hands that I would be attending his event with my weapon locked in the car...

I will see if I can make the time...

Outdoorsman1

And...

The link takes us to State Statutes regarding State Fair Park....

Here is the actual statute reference to the issue at hand...

(9) Carrying or possession of dangerous weapons. No person may carry, possess or use any dangerous weapon, except with the written approval of the chief of police or his or her designee or for law enforcement purposes. Dangerous weapons not approved by the chief of police may be confiscated by a police officer.

Finally...

The
State Fair Park Police Department is an actual law enforcement agency (not security). Rummageorama takes place in the Wisconsin Products Pavilion, which is a government owned building. Also, the park is state property, not part of a city/town/village or county, so the state firearms preemption law has no effect. So the park can get away with having anti-firearm ordinances.

Also, the liquor license situation within the park is unique. All vendors fall under one liquor license: the one held by the park. And the SFPPD is in charge of alcohol compliance and such. Anyone giving permission to be armed is going to find themselves not allowed to sell alcohol at their events ($$$$). Plus, such a person will have no authority to allow you to carry in a government owned building or anywhere in the park inside or out.

In other words, until state law is changed, you're SOL.


http://www.wistatefair.com/park_info/police.html

Outdoorsman1
 

gdyslin

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Question

I do believe when you put the word government it should read State Government. I work in a Federal Government facility and was told we can't have weapons in our vehicles in a federal government parking lot even if CCW passes. Was I misinformed? I can't find anything on the subject relating to federal property.
 

apjonas

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You Were Informed Correctly

I do believe when you put the word government it should read State Government. I work in a Federal Government facility and was told we can't have weapons in our vehicles in a federal government parking lot even if CCW passes. Was I misinformed? I can't find anything on the subject relating to federal property.

Nothing in the new law changes federal law (or could do so). I think I have a reference to that effect in the document. The GFSZ issue (carry with a permit if not a school grounds) is a result of an exemption in federal law made active by the new state law. It should be obvious that unless stated otherwise reference to "government" is referring to state government but I will review for ambiguity.
 
Last edited:

oliverclotheshoff

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I just got back from state fair park (IZOD 225), still a newbie who has only carried a sidearm while hunting- would it have been legal for me to open carry today?

I'd rather be all correct than get hassled. Thanks- kraut

sorry sourkraut i misread your post i skipped the word fair thanks outdoorsman for correcting
 

SourKraut

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Thanks for the clarification guys, I miss the northwoods- where if you walk along the highway with a gun passers-by wave and toot their car horn.
 

paul@paul-fisher.com

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apjonas, since you seem to have a pretty good handle on this, what is your reading about carrying at the Walworth County Fairgrounds? It private property and they indicated they will post at every entrance to the grounds. I am pretty sure they can post their individual buildings and I'm pretty sure they can't stop me from having a gun in my car, but what about walking around? Can they stop that?
 

apjonas

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Well...

apjonas, since you seem to have a pretty good handle on this, what is your reading about carrying at the Walworth County Fairgrounds? It private property and they indicated they will post at every entrance to the grounds. I am pretty sure they can post their individual buildings and I'm pretty sure they can't stop me from having a gun in my car, but what about walking around? Can they stop that?

1. If you want legal advice, consult your attorney.
2. I assume that the county fair runs during the summer, so there will be no opportunity to cc this year in any case.
3. If I were trying to decide for myself, I would follow a stepwise analysis like this:
4a. The statute says that a licensee may carry anywhere in Wisconsin except X.
4b. X includes a list of places where carry is prohibited even if they are not posted (police station etc.). It looks like WCF does not fall into that category.
4c. WCF appears not to fall into the X if posted categories of single family residence, non-single family residence, non-single family residence common area, government building, college/university.
4d. Is WCF land, nonresidential building, special event or some combination?

943.13 (1e) (h) “Special event” means an event that is open to the public, is for a duration of not more than 3 weeks, and either has designated entrances to and from the event that are locked when the event is closed or requires an admission.

Since I don't know anything about WCF, take a look at the definitions and let me know what you think.
 

paul@paul-fisher.com

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1. If you want legal advice, consult your attorney.
2. I assume that the county fair runs during the summer, so there will be no opportunity to cc this year in any case.
3. If I were trying to decide for myself, I would follow a stepwise analysis like this:
4a. The statute says that a licensee may carry anywhere in Wisconsin except X.
4b. X includes a list of places where carry is prohibited even if they are not posted (police station etc.). It looks like WCF does not fall into that category.
4c. WCF appears not to fall into the X if posted categories of single family residence, non-single family residence, non-single family residence common area, government building, college/university.
4d. Is WCF land, nonresidential building, special event or some combination?

943.13 (1e) (h) “Special event” means an event that is open to the public, is for a duration of not more than 3 weeks, and either has designated entrances to and from the event that are locked when the event is closed or requires an admission.

Since I don't know anything about WCF, take a look at the definitions and let me know what you think.

It probably fits under 'special event'. It has gates that are locked and requires and admission.

Thanks!
 
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