2011 Wisconsin Code
Chapter 948. Crimes against children.
948.605 Gun-free school zones.

948.605

948.605 Gun-free school zones.

948.605(1)

(1) Definitions. In this section:

948.605(1)(a)

(a) "Encased" has the meaning given in s. 167.31 (1) (b).

948.605(1)(ac)

(ac) "Firearm" does not include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.

948.605(1)(am)

(am) "Motor vehicle" has the meaning given in s. 340.01 (35).

948.605(1)(b)

(b) "School" has the meaning given in s. 948.61 (1) (b).

948.605(1)(c)

(c) "School zone" means any of the following:

948.605(1)(c)1.

1. In or on the grounds of a school.

948.605(1)(c)2.

2. Within 1,000 feet from the grounds of a school.

948.605(2)

(2) Possession of firearm in school zone.

948.605(2)(a)

(a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony.

948.605(2)(b)

(b) Paragraph (a) does not apply to the possession of a firearm:

948.605(2)(b)1.

1. On private property not part of school grounds;

948.605(2)(b)2.

2. If the individual possessing the firearm is licensed to do so by a political subdivision of the state or bureau of alcohol, tobacco and firearms in which political subdivision the school zone is located, and the law of the political subdivision requires that, before an individual may obtain such a license, the law enforcement authorities of the political subdivision must verify that the individual is qualified under law to receive the license;

948.605(2)(b)3.

3. That is not loaded and is:

948.605(2)(b)3.a.

a. Encased; or

948.605(2)(b)3.b.

b. In a locked firearms rack that is on a motor vehicle;

948.605(2)(b)4.

4. By an individual for use in a program approved by a school in the school zone;

948.605(2)(b)5.

5. By an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

948.605(2)(b)6.

6. By a law enforcement officer or state-certified commission warden acting in his or her official capacity; or

948.605(2)(b)7.

7. That is unloaded and is possessed by an individual while traversing school grounds for the purpose of gaining access to public or private lands open to hunting, if the entry on school grounds is authorized by school authorities.

948.605(2)(b)8.

8. By a person who is legally hunting in a school forest if the school board has decided that hunting may be allowed in the school forest under s. 120.13 (38).

948.605(3)

(3) Discharge of firearm in a school zone.

948.605(3)(a)

(a) Any individual who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place the individual knows is a school zone is guilty of a Class G felony.

948.605(3)(b)

(b) Paragraph (a) does not apply to the discharge of, or the attempt to discharge, a firearm:

948.605(3)(b)1.

1. On private property not part of school grounds;

948.605(3)(b)2.

2. As part of a program approved by a school in the school zone, by an individual who is participating in the program;

948.605(3)(b)3.

3. By an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or

948.605(3)(b)4.

4. By a law enforcement officer or state-certified commission warden acting in his or her official capacity.

948.605 - ANNOT.

History: 1991 a. 17; 1993 a. 336; 2001 a. 109; 2005 a. 290; 2007 a. 27.

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