Wisconsin Bill Seeks to Ban Firearms on College Campuses
A new bill was recently introduced in Wisconsin that would extend the same gun-free zones currently in K-12 schools to colleges and universities in the state. As college campuses across America wrestle with the divide between safety and freedom, this new legislative proposal seeks to make nearly all colleges and universities gun-free, even banning concealed carry.
Although proponents of the bill call it a common-sense measure to protect students and staff, opponents claim enforcement difficulties, infringement on the rights of lawful gun owners, and government overreach. The new statute would repeal and amend others, creating statute 941.236.
Current state law prohibits firearms in specific areas, including courthouses, police stations, and K-12 schools; however, those prohibitions currently exempt college and university campuses and buildings. Whether you agree or disagree with the proposed bill, gun crimes in the state can result in severe penalties. If you are facing a weapons charge, the best step you can take is to consult with an experienced Milwaukee County, WI criminal defense lawyer.
What is Included in "College and University Grounds?"
Perhaps one of the biggest hurdles to the bill is defining exactly what is included in college and university "grounds." Many college campuses in the state occupy dozens of square miles in major cities, such as UW-Milwaukee and UW-Madison. Under Wisconsin Administrative Code UWS 18.06(7), university lands include all "real property owned by, leased by, or otherwise subject to the control of the Board of Regents." Based on that broad definition, areas that fall under the control of the colleges and universities include:
- Administrative and academic buildings, including offices, laboratories, libraries, and classrooms.
- Athletic and recreational facilities like gyms, stadiums, and sports fields.
- Common areas, including parks, plazas, pedestrian walkways, and quads.
- Student housing and residence facilities, including residence halls, student union buildings, and dining facilities.
- Nature preserves or other university land holdings like the UW-Madison Lakeshore Nature Preserve.
- Any other off-campus property currently being leased by the university or under the control of the university.
Current Campus Gun Laws in Wisconsin
Currently, college and university grounds in the state are not mandated as gun-free zones for concealed carry permit holders. However, individual institutions can prohibit firearms in their buildings (dorms, classrooms, administrative offices). Therefore, while buildings can currently be designated as gun-free zones, outside campus grounds cannot.
Under current law, if a concealed carry permit holder enters a campus building with a firearm, they can be cited for trespassing, which may result in a fine of up to $1,000. The new legislation, if passed, would make it a Class A misdemeanor to possess a firearm on campus. This offense carries a jail sentence of up to nine months and a maximum fine of $10,000.
Arguments for and Against the New Gun Ban on Wisconsin College Campuses
Aligning college campuses with K-12 gun-free zones would create consistency across the board, offering peace of mind for campus community members and encouraging an environment of learning without fear. On the other hand, enforcement would likely be a challenge, as "campus grounds" can be somewhat ambiguous. There could be unintended criminalization for lawful concealed carry permit holders when crossing invisible boundaries. It is also unclear whether banning guns actually reduces violence or pushes people towards concealed, unregulated behavior.
Contact a Waukesha County, WI Gun Crimes Lawyer
As Wisconsin weighs the new gun-free campus zones proposal, the conversation it opens is vital. What level of campus safety do students, faculty, and communities expect, and how does that align with civil liberties?. And for those who are currently facing a weapons charge – whether on campus or elsewhere – a thorough, vigorous defense is necessary to protect your future.
A Milwaukee County, WI criminal defense attorney from Bucher Law Group, LLC is ready to aggressively defend your charges. Attorney Bucher spent over two decades as the Waukesha County District Attorney, giving him a deep understanding of how the "other side" thinks and acts. He has litigated some of the most complex, high-profile cases in Wisconsin. Call 262-303-4916 to schedule your free consultation.