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Query: Madison WI, Parking structure

Discussion in 'Legal' started by JR24, Feb 10, 2019.

  1. JR24

    JR24 Member

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    Just a totally non binding legal question, perhaps some fellow Wisconsinites have researched more.

    I was in Madison this weekend (a city I have mostly avoided due to lunacy, since i graduated) and noticed that the Lake Street parking structures had "No Guns" signs all over them.

    I had thought that a legally owned gun and valid CCW allowed one to keep a gun in the car in most circumstances here, what gives?

    *note: I only ever come to Madison to see buddies at sporting events and don't bother carrying anyway, as I'm usually planning on having a beer or two, so this is just a curiosity.
     
  2. bearcreek

    bearcreek Member

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    http://docs.legis.wisconsin.gov/statutes/statutes/175/60 I briefly speed read through this and I see nothing that prohibits a business from posting no guns signs and in WI, those signs do have the force of law. The only exception that I saw was that if the person was an employee of the company that owns the property then they can legally have a firearm in their vehicle, regardless of their employer's prohibition of it. I'm not aware of any state that prohibits the posting of "No Guns" signs on private property.
     
  3. JN01

    JN01 Member

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    http://docs.legis.wisconsin.gov/statutes/statutes/943/II/13
    Section 943.13, Tresspass, Section 1m(b) says: Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises. This paragraph does not apply to a licensee or out-of-state licensee if the owner's or occupant's intent is to prevent the licensee or out-of-state licensee from carrying a firearm on the owner's or occupant's land.
    Sections1m(c)(1)-(5) describe different types of property and exempts firearms in vehicles parked in those areas.

    Ohio has a more direct provision under OH Revised Code 2923.1210:
    (A) A business entity, property owner, or public or private employer may not establish, maintain, or enforce a policy or rule that prohibits or has the effect of prohibiting a person who has been issued a valid concealed handgun license from transporting or storing a firearm or ammunition when both of the following conditions are met:
    (1) Each firearm and all of the ammunition remains inside the person's privately owned motor vehicle while the person is physically present inside the motor vehicle, or each firearm and all of the ammunition is locked within the trunk, glove box, or other enclosed compartment or container within or on the person's privately owned motor vehicle;
    (2) The vehicle is in a location where it is otherwise permitted to be.
     
  4. JR24

    JR24 Member

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    Yeah, I guess that was my confusion. They cant, AFAIK, prevent a licensee from having the weapon in the car, I guess on their property but since it is solely a parking structure that would only be going to or from the vehicle, and I cant see how that'd hold up for a legal CCWer.

    Plus the signs are pretty small and not terribly visible to a driver going in or out of the structure in a car.

    I guess I just dont understand the point. But it IS Madison. The only reason I ever go downtown is for sporting events or drinks with my old college buddies, so I dont even bother with trying to carry there anyway.
     
  5. rfscjeep

    rfscjeep Member

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    I did a little research on-line, one ramp is owned by the City of Madison, the other by the University of Wisconsin.
    According to the City web site Concealed Carry FAQ, weapons are banned in all city owned buildings and structures including park shelters, restrooms, metro transfer stations, and bus shelters. and answers question Can i carry a weapon in my vehicle? "yes, weapons may be transported in vehicles." While it doesn't specifically say "parking ramp" I believe by the examples given it would be considered a building or structure.
    University of Wisconsin policy 705.II.2.a. states "All college and university buildings, both owned and leased, including stadia and athletic facilities, must be posted with signage prohibiting individuals from carrying weapons or firearms in the building. The signs must be posted in a prominent place near each and every entrance so that any individual entering the building can be reasonably expected to see the sign." and 705.II.3. "Any person, including employees and students, with a license to carry a firearm or weapon, may possess and store a weapon or firearm in his or her personal vehicle."
    So while inside the vehicle you could be ok, can you be ticketed if you exit the car to do safe storage in the trunk once your inside the ramp?

    Minnesota is also more direct with their conceal carry law in referring to "Employers, public colleges and universities" in statute 624.714 subd.18(c) "...an employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area." Also where 609.66 subd. 1d. makes it a felony to posses a dangerous weapon on school property; 609.66 subd. 1d. (3) specifically exempts the route to the the trunk; "persons authorized to carry a pistol under section 624.714 while in a motor vehicle or outside of a motor vehicle to directly place a firearm in, or retrieve it from, the trunk or rear area of the vehicle".
     
  6. JN01

    JN01 Member

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    If you go to the link I posted in #3, you can see the following:
    943.13 (1m)(c)(5). While carrying a firearm, enters or remains in any privately or publicly owned building on the grounds of a university or college, if the university or college has notified the actor not to enter or remain in the building while carrying a firearm or with that type of firearm. This subdivision does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.
     
    JR24 likes this.
  7. JR24

    JR24 Member

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    Thanks, fascinating.
     
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