Cc by schools

[cleveland]

The language prohibits possession on school "grounds". Technically, the sidewalk is part of the street (public right-of-way). I would not be surprised if someone would receive a citation and be forced to fight it though.

Thanks for the feedback. I think it may be wise to come up with cases that the sidewalk played a part in, or other ways it has been defined as public. I am guessing there would be something in tax law about it.

 

[McX]

i could use a Paul on this one; So if i read it right. on the permit, in the school zone, but not on school property. i can pull to defend, but if i ring one, it's a fed. fight for me, in that magic 1000 feet.

 

[Interceptor_Knight]

Thanks for the feedback. I think it may be wise to come up with cases that the sidewalk played a part in, or other ways it has been defined as public. I am guessing there would be something in tax law about it.

It has nothing to do with tax law. You may hold a deed to the land to the center of the street, but there is an easement for the road which includes the sidewalk. You can not obstruct the sidewalk in front of your home yet you are responsible for snow removal.

CHAPTER 66
GENERAL MUNICIPALITY LAW
SUBCHAPTER IX PUBLIC WORKS AND PROJECTS
66.0907 Sidewalks. (1) PART OF STREET; OBSTRUCTIONS.
Streets shall provide a right−of−way for vehicular traffic and,
where the council requires, a sidewalk on either or both sides of
the street. The sidewalk shall be for the use of persons on foot, and
no person may encumber the sidewalk with boxes or other material. The sidewalk shall be kept clear for the use of persons on foot

 

[cleveland]

I would think the sidewalk is fine then.

 

[Interceptor_Knight]

I would think the sidewalk is fine then.

If in doubt, walk on the side of the road instead of on the sidewalk until past the school.

 

[Eagle2009]

The state may grant you a license or "license" without physically giving you a piece of paper or plastic. Law grant people license to do all sorts of things that are otherwise illegal. WI has done this with the recognized out of state permits with the condition of the background check, which is complaint with the new GFSZ act.

The definition of "licensed" is irrelevant, because the Federal Law has three separate requirements that must be met before the permit exception applies.

1. Licensed by the state in which the school is in

2. The law of the state requires that before an individual obtains a "license" that the state's law enforcement authorities verify the INDIVIDUAL is qualified to receive the license.

3. The law enforcement authorities actually verified the individual is qualified to receive the license. (Otherwise the license would have been issued contrary to law, and would not be valid)


Reciprocity agreements do not satisfy requirements two and three, and are not valid for Federal Gun Free School Zones Act purposes.

Discharging a firearm within 1000 feet of a school's property is never legal under any circumstances, even in the state which physically issued the permit.

Permit holders are still subject to the FEDERAL Gun Free School Zones Act of 1995 when they travel outside of the State that physically issued their permit. Also, there is never an exception in the federal law for discharging a firearm in a school zone under any circumstances. If you ever discharge your firearm within 1000 feet of a school (even in Wisconsin) for any reason, you are subject to federal felony prosecution.

Read this official letter from BATFE written to a permit holder telling him he is subject to prosecution under the federal law, even though he is in full compliance with state law.


www.handgunlaw.us/documents/batf_school_zone.pdf

 

[Interceptor_Knight]

Permit holders are still subject to the FEDERAL Gun Free School Zones Act of 1995 when they travel outside of the State that physically issued their permit. Also, there is never an exception in the federal law for discharging a firearm in a school zone under any circumstances. If you ever discharge your firearm within 1000 feet of a school (even in Wisconsin) for any reason, you are subject to federal felony prosecution.

You need to read the post I made on the 1st page which quoted the Federal GFSZ text. There ARE exceptions which allow you to discharge within the 1000' GFSZ in WI or any other State according to Federal law.

 

[Eagle2009]

You need to read the post I made on the 1st page which quoted the Federal GFSZ text. There ARE exceptions which allow you to discharge within the 1000' GFSZ in WI or any other State according to Federal law.

Yes, there are exceptions if you're:

1. On private property

2. (A security guard contracted with the school)

3. A law-enforcement officer discharging the firearm in your official capacity.


If you're a normal permit holder, or even an off-duty police officer, on public property (sidewalks, roads, highways, etc) there is no exception in the federal law for discharge under any circumstances.

 

[McX]

they should amend the s'cool zone thing to read; leftists must remain 1000 feet away from law abiding citizen(s) carrying firearms.

 

[Interceptor_Knight]

If you're a normal permit holder, or even an off-duty police officer, on public property (sidewalks, roads, highways, etc) there is no exception in the federal law for discharge under any circumstances.

This is Wisconsin. Wisconsin enforces the Wisconsin GFSZ Statute, not the Federal one. You would have to be doing something otherwise illegal (involved in drugs, gangs, etc) to draw the attention of Federal LEOs. Plus, if you were otherwise legally carrying your firearm... "unloaded and encased" and you were forced to use it to defend against an imminent threat of death, you would prevail in court.

 

[apjonas]

Not Complete

......Permit holders are still subject to the FEDERAL Gun Free School Zones Act of 1995 when they travel outside of the State that physically issued their permit.
www.handgunlaw.us/documents/batf_school_zone.pdf

Permit holders are still subject to the FEDERAL Gun Free School Zones Act of 1995 [sic] even if within the State that physically [sic] issued their permit.

 

[Namchief]

I'm still on the fence for this. Violent felons should face capital punishment, but I do agree, non-violent felons (pretty much anything is a felony now ) should have their rights reestablished.

I believe that you can have your rights restored. I was young when a guy killed a lady in a car accident he was drunk and after serving his sentence he wanted to shoot trap again. I think he had to jump through alot of hoops to get there but he was allowed to shoot again. as for carrying a Handgun as a felon.... you might have better luck getting Illinois to pass CC

 

[Eagle2009]

This is Wisconsin. Wisconsin enforces the Wisconsin GFSZ Statute, not the Federal one.

Although state law enforcement generally enforces state law, they can also make federal arrests.

Here is an internal Milwaukee Police Department E-mail legally obtained by "Wisconsin Carry" through an open records act request, that describes Gun Free School Zones Act as the "silver bullet" to arrest otherwise lawful carriers.

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