Wisconsin Statutes Crimes (Ch. 938 to 951) § 948.605. Gun-free school zones

(1) Definitions.  In this section:

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

(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.

(ag) “Former officer” has the meaning given in s. 941.23(1)(c) .

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

(ar) “Qualified out-of-state law enforcement officer” has the meaning given in s. 941.23(1)(g) .

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

(c) “School zone” means any of the following:

1. In or on the grounds of a school.

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

(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:

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) .

2d. A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23(1)(g)2. to 5. and (2)(b)1. to 3. applies.

2f. A qualified out-of-state law enforcement officer to whom s. 941.23(2)(b)1. to 3. applies.

2h. A former officer to whom s. 941.23(2)(c)1. to 7. applies.

2m.  A state-certified commission warden acting in his or her official capacity.

3. A person possessing a gun that is not loaded and is any of the following:

a. Encased.

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

3m.  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) .

(3) Discharge of firearm in a school zone.  (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.

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

1. On private property not part of school grounds.

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

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.

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

5. By a person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23(1)(g)2. to 5. and (2)(b)1. to 3. applies.

6. By a qualified out-of-state law enforcement officer to whom s. 941.23(2)(b)1. to 3. applies.

7. By a former officer to whom s. 941.23(2)(c)1. to 7. applies.


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