Just about a month ago, TTAG reported the case of a Sheboygan man arrested for carrying a firearm within 1000 feet of a school. OK, the guy is scary looking. (“Git in the The Truck” with a Pac-Man bleach stain?) And Matthew N. Hubing’s been known to carry guns whilst riding on his bike wearing camo clothing. But the 1000-foot exclusion zone rule is pretty scary too, as you can be well within the prohibited zone without knowing it. And, as is the case with Hubing’s case, you can be carrying firearms just within the zone and end up spending 16 days in jail. Or more. Fortunately (we hope), the sheboyganpress.com reports that a judge has dismissed all charges against Mr. Hubing . . .
[The judge] dismissed a felony charge Wednesday against a Sheboygan Falls man charged with carrying a gun 954 feet from a school when state law requires a distance of 1,000 feet . . . This is the second time the case against Hubing has been dismissed. Judge L. Edward Stengel dismissed the same charge June 2 after ruling the distance cited in the first criminal complaint was measured from private property, where Hubing argued the statute does not apply. Police took a new measurement and determined Hubing — in the route he described — stepped onto a sidewalk 954 feet from Sheboygan Falls Elementary School. Prosecutors then re-filed the charge June 4.
Meanwhile, since we wrote the original story, Georgia deep-sixed its 1000-ft. school – firearms exclusion zone. Perhaps it’s time for Wisconsin to follow suit.
There's an elementary school in my subdivision. I literally cannot leave my driveway without being less than ~500 ft from a school. I can't leave my neighborhood without driving past it. This type of law is stupid on the face of it. Unless all schools are built 1000 ft back from the roadway, and have 1000 ft clear field distance all around, it is impossible to enforce or obey. And a law that's impossible to obey or enforce is open to abuse from both the citizens and law enforcement.
Not a bug but a feature.
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