Dumb laws
Guy uses handgun to defend self. Guy was within 1,000 feet of a school, which is a violation of some stupid law that shouldn’t exist. Word was that he would be charged with that made-up crime. Turns out, the District Attorney knows that this is not the proper application of the “Gun-Free” School Zone law. Good.
May 18th, 2009 at 9:06 am
Still the gun laws remain scary if no move to correct the the problems on the books is done.
This guy wasn’t charged, but no move means the next guy who defends his life (or somebody dumb enugh to be polite and inform an officer who pulls them over for an out taillight, but unaware the building up the street is in fact a school, that they are “lawfully” carrying) won’t be crusified by the letter of the law.
May 18th, 2009 at 10:47 am
1000 ft 🙂 yards would’ve been scary!
May 18th, 2009 at 11:56 am
Passage on a street is legal despite the anti-gun law and despite idiotic reporting. So is having a gun in a home closer than 1000 feet from a school. So is having a gun in your luggage while flying in a plane at 500 feet above a school during takeoff.
The guy was under jeopardy of malicious prosecution more because he brandished a firearm that had been openly, legally carried before he was attacked, and because he was no longer on his bike when he did so, all within 1000 feet of a school. The school stuff was thrown in apparently as a bit of sensationalism, either by reporter or one of his sources.
I was taught the English language by nuns for eight years. The misuse of this language is a terrible thing. The reporter should be ashamed for writing this article so poorly.
May 18th, 2009 at 1:25 pm
Mikee, this is a WI state law, not the federal law.* While there are exemptions for “private property” under the law, crossing (or otherwise traveling on) the street would not be included in that protection, per se. I am working right now on getting clarification on places with a public right of way (like sidewalks and some streets) and whether or not they are “private property.” I am 100% sure that county and state highways are not protected, and having any firearm that was not unloaded and encased on those streets would indeed violate this law. Well, that in addition to the State’s vehicle carry prohibition (in the DNR regs, go figure).
Some of us in WI are trying to raise awareness of this law and it’s impact on our right to carry arms, and this was good news for us. If we can get one DA to notice, then we can get enough others to notice to affect real change.
*This statute was passed in 1991, whereas our RKBA provision was adopted in 1998, so it’s a pretty cut-and-dried case of the law being unconstitutional, but because the penalty is a felony with pretty hefty jail time possible, it’s difficult to say that simply ignoring the law and fighting it in court is a good way to move forward in its elimination…