Wisconsin 1000' perimeter for schools

This is a discussion on Wisconsin 1000' perimeter for schools within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; My question is one for both concealed carry and open carry for Wisconsin. Currently in Wisconsin you can not walk open carry with in a ...

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Thread: Wisconsin 1000' perimeter for schools

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    Member Array rabbit2011's Avatar
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    Wisconsin 1000' perimeter for schools

    My question is one for both concealed carry and open carry for Wisconsin. Currently in Wisconsin you can not walk open carry with in a 1000' radius of any school. Now with a CCW license you can walk within the radius on the sidewalk, street, or what ever (as long as it is not on the actual shool property) with a firearm concealed.

    If I have the permit ... Would I be aloud to then carry open on the side walk within the 1000' radius too?

    My purpose is not to scare kids, it would be during dark hours walking my dog. I live next to 3 schools where 2 of them are so close that the first step off my property would put me within that 1000' perimeter. I would like to keep my options open. You never know when one or the other option to conceal or open carry will benefit for the activity.
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    VIP Member Array Hiram25's Avatar
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    If the law is written as you state, I'd stay away from the school zone while open carrying, even with a permit.
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    Member Array Bimmer14's Avatar
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    What if you live a across the street from the school?

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    It is lawful to possess a firearm in or on the grounds of a school or within 1,000 feet of the grounds of a school as follows:
    -On private property that is not part of school grounds. Wis. Stat. 948.605(2)(b)1m and 18 USC 922(q)(2)(B)(i)
    -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. 948.605(2)(b)1r


    There is no requirement for it to be concealed. You can also open carry within 1000' of a school without a permit if you are on private property.
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    Member Array rabbit2011's Avatar
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    There is no requirement for it to be concealed. You can also open carry within 1000' of a school without a permit if you are on private property.
    That's exactly what I read too earlier, but found it in a bit of a grey area. Although I guess that considering you are allowed to have them open in plain sight in a vehicle while driving through the 1000' radius then surly this also applies to walking on the side walk.
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    VIP Member Array Harryball's Avatar
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    Quote Originally Posted by rabbit2011 View Post
    That's exactly what I read too earlier, but found it in a bit of a grey area. Although I guess that considering you are allowed to have them open in plain sight in a vehicle while driving through the 1000' radius then surly this also applies to walking on the side walk.
    Its the grey areas that will get you in trouble. Keep it covered and enjoy your walks. Just my .02
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    Quote Originally Posted by thephanatik View Post
    It is lawful to possess a firearm in or on the grounds of a school or within 1,000 feet of the grounds of a school as follows:
    -On private property that is not part of school grounds. Wis. Stat. 948.605(2)(b)1m and 18 USC 922(q)(2)(B)(i)
    -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. 948.605(2)(b)1r
    Any recognized permit holder is covered under WI law, but the Federal Gun Free School Zone act does not cover the out of state licensee. Just so you know.
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    This section of Wi Act 35 175.60 (2)d -

    d) For purposes of 18 USC 922 (q) (2) (B) (ii), an
    out−of−state licensee is licensed by this state.

    I hope this holds up on the Federal level.

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    Quote Originally Posted by Harryball View Post
    Its the grey areas that will get you in trouble. Keep it covered and enjoy your walks. Just my .02
    I second this (why push the envelope if you dont have to) also only my .02
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    Try it and let us know how it turns out.
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    Senior Member Array sdprof's Avatar
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    Quote Originally Posted by jcallen View Post
    This section of Wi Act 35 175.60 (2)d -

    d) For purposes of 18 USC 922 (q) (2) (B) (ii), an
    out−of−state licensee is licensed by this state.

    I hope this holds up on the Federal level.
    After your pointing that out, I find that a few other states have something similar in place or in the works - essentially stating that for purposes of 18 USC 922, anyone legally able to possess a firearm is "deemed" licensed.

    Given that the GFSZ act is seldom applied, there don't seem to be any cases that have tested such dodges around the act.

    Related to that, should HR 822 actually become law, I think it would be immediately reasonable to have the out of state permit exclusion to GFSZ removed - if the feds mandate reciprocity to the states, they should be held to the same standard.
    ~~~~~
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    Member Array mrjam2jab's Avatar
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    Quote Originally Posted by thephanatik View Post
    It is lawful to possess a firearm in or on the grounds of a school or within 1,000 feet of the grounds of a school as follows:
    -On private property that is not part of school grounds. Wis. Stat. 948.605(2)(b)1m and 18 USC 922(q)(2)(B)(i)
    -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. 948.605(2)(b)1r
    .
    My read of 1r is that it IS allowed...

    (b) Paragraph (a) does not apply to the possession of a firearm by any of the following:
    1m. A person who possesses the firearm in accordance with 18 USC 922 (q) (2) (B) (i), (iv), (v), (vi), or (vii).
    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).
    Help me understand it.

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    You have to ask yourself, "do you want to be a test case?"

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    Member Array rabbit2011's Avatar
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    I think I'll contact our DoJ and ask for clarification and if they can't offer it to me I'll contact the officer responsible to my neighborhood.
    If you wish for peace, prepare for war.

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    Member Array Aduc's Avatar
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    Yea, although the law does seem like a bit of a gray area, I'd probably just conceal if it were me - to avoid any troubles.
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