Carrying at a School

This is a discussion on Carrying at a School within the General Firearm Discussion forums, part of the Related Topics category; I am curious to know if anyone has ever tried to obtain authorization from school leadership to carry when visiting your kids or at activities ...

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    Member Array Sturmruger's Avatar
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    Carrying at a School

    I am curious to know if anyone has ever tried to obtain authorization from school leadership to carry when visiting your kids or at activities on school property? I am debating sending a nice profesional letter to the Supertendent of schools asking for permision. I have worked with him in the past so he at least knows me. I am concerned that this might make me a bit of a target. Chances are good that he will say no but it is worth a shot in my book.

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    Never tried it, but I'm giving 50-1 odds right now & will cover up to $100 that'll never happen. The exception for you opens a big ol' can-o'-worms with far too many people, agencies, unions and (most expensively) lawyers.
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    elcome to the showw

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    Doens't matter what the school says, it's against State law in some jurisdictions.
    surefire7 likes this.
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    Member Array Sturmruger's Avatar
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    Quote Originally Posted by bmcgilvray View Post
    Doens't matter what the school says, it's against State law in some jurisdictions.
    That is true except with authorization for the Superintendent of schools I would be legal anywhere on the property.

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    Quote Originally Posted by ghost tracker View Post
    Never tried it, but I'm giving 50-1 odds right now & will cover up to $100 that'll never happen. The exception for you opens a big ol' can-o'-worms with far too many people, agencies, unions and (most expensively) lawyers.
    I agree it's a long shot

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    Member Array Sturmruger's Avatar
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    Very long shot, but with my relationship so far I feel like he might be able to trust me. Wisconsin gives businesses or other entities civil immunity for anything that might happen on their property by a WI carry permit holder.

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    Quote Originally Posted by Sturmruger View Post
    I am curious to know if anyone has ever tried to obtain authorization from school leadership to carry when visiting your kids or at activities on school property? I am debating sending a nice profesional letter to the Supertendent of schools asking for permision. I have worked with him in the past so he at least knows me. I am concerned that this might make me a bit of a target. Chances are good that he will say no but it is worth a shot in my book.
    I never have, because carrying onto the property of an elementary or postsecondary school is illegal.

    If I were in a state like Organ where carrying onto school grounds was legal, I would carry regardless of what the school thought.

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    In all likelihood the Super will refuse as not to set a precedent or show favoritism.
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    Ex Member Array Adrenaline's Avatar
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    Quote Originally Posted by Sturmruger View Post
    That is true except with authorization for the Superintendent of schools I would be legal anywhere on the property.
    A Google search revealed http://www.doj.state.wi.us/dles/cib/...q-20111020.pdf which goes against your understanding completely (the information below was taken directly from the State of Wisconsin link above):

    It is a felony for a person to knowingly possess a firearm (concealed or otherwise) on the grounds of a school. Wis. Stat. § 948.605(2)(a).

    It is a forfeiture for a person to knowingly possess a firearm (concealed or otherwise) at a place that the person knows or has reasonable cause to believe is within 1,000 feet of the grounds of a school. Wis. Stat. § 948.605(2)(a).

    The only exception that might apply is:

    In accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual. Wis. Stat. § 948.605(2)(b)1m & 18 USC 922(q)(2)(B)(v).

    I am fairly certain the Superintendent lacks the authority in your situation since his doing so would not create a contract (oral or otherwise) since a contract requires an offer, consideration, and acceptance). In your situation it seems at best you'd get permission from a person who does not have the statutory authority to grant you permission to do as you ask.

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    Sturmruger I did not look up WI law but if it is in violation of state law the school cannot supercede the law memo or not.

    If there is some sort of provision for it within the statute that would be different so if you have it please post a link.
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    Yep, unless the Superintendent is also The Chief Justice of the Wisconsin Supreme Court I don't think a his permission-slip is worth too very much.
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    Member Array Sturmruger's Avatar
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    I was taking the angle that the school administrator could authorize me with a contract of some sorts. After reading the actual law more clearly look at this.

    948.605  Gun-free school zones
    (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:
    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).

    The Wi Doj FAQ says that a carry permit only covers you if you are within 1000 feet of the school but the statute specifically allows conceal carry “in or on the grounds of a school” if you have a resident permit or a permit from another state. What am I missing here? There has to be another place this is covered is the Wisconsin State Statutes, but I am unable to find it.
    P
    If you read the statutes at face value a carry permit holder is allowed carry on school property.


    Link to state statutes
    http://docs.legis.wisconsin.gov/stat...atutes/948/605
    Last edited by Sturmruger; September 10th, 2012 at 02:10 PM. Reason: Add link

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    Ex Member Array Adrenaline's Avatar
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    Quote Originally Posted by Sturmruger View Post
    I was taking the angle that the school administrator could authorize me with a contract of some sorts. After reading the actual law more clearly look at this.

    948.605  Gun-free school zones
    (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:
    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).

    The Wi Doj FAQ says that a carry permit only covers you if you are within 1000 feet of the school but the statute specifically allows conceal carry “in or on the grounds of a school” if you have a resident permit or a permit from another state. What am I missing here? There has to be another place this is covered is the Wisconsin State Statutes, but I am unable to find it.
    P
    If you read the statutes at face value a carry permit holder is allowed carry on school property.
    You're misreading the statute IMHO. It is saying a person who is a CCW licensee *or* out-of-state CCW licenseee may possess a firearm within 1,000 fee of the grounds of a school but not in or no school grounds. In other words, no license (Wisconsin or out-of-state) will get your weapon on school grounds legally.

    Also, be careful what you think the administrator can do. It won't help that you thought it was okay if you had permission when he was not authorized to give it or because the contract was not really a valid contract.

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