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.

History: 1991 a. 17; 1993 a. 336; 2001 a. 109; 2005 a. 290; 2007 a. 27; 2011 a. 35; 2013 a. 166; 2015 a. 23.