imported post
If you continue on to read about “elements of a crime,” you will see that it is the burden of the prosecution to prove each element of the crime beyond a reasonable doubt. I would suggest the elements involved here are as follows:
948.605 Gun−free school zones. (1) DEFINITIONS. In this[/b]
section:[/b]
(a) “Encased” has the meaning given in s. 167.31 (1) (b).[/b]
(ac) “Firearm” does not include any beebee or pellet−firing[/b]
gun that expels a projectile through the force of air pressure or any[/b]
starter pistol.[/b]
(am) “Motor vehicle” has the meaning given in s. 340.01 (35).[/b]
(b) “School” has the meaning given in s. 948.61 (1) (b).[/b]
(c) “School zone” means any of the following:[/b]
1. In or on the grounds of a school.[/b]
2. Within 1,000 feet from the grounds of a school.[/b]
(2) POSSESSION OF FIREARM IN SCHOOL ZONE.[/b]
(a) Any individual who knowingly possesses a firearm[/b][/b]
[/b]
Element 1. If you do not know that you possess a firearm because you forgot about it or never knew it was there in the first place or didn’t believe it was a firearm, this element fails.
[/b]
at a place that the individual knows, or has reasonable cause to believe, is a school zone[/b]
[/b]
Element 2. If you do not know or could not be reasonably expected to know you are in a school zone, this element fails.
[/b]
is guilty of a Class I felony.[/b]
[/b]
(b) Paragraph (a) does not apply to the possession of a firearm:[/b]
...[/b]
3. That is not loaded and is:[/b]
a. Encased; or[/b]
b. In a locked firearms rack that is on a motor vehicle;[/b]
[/b]
However, you are still subject to charge of carrying a concealed weapon (941.23) and prosecution under the federal law which does not have an exception that is as extensive.
Lastly, parochial school does not equal Sunday School, Hebrew school or daycare
948.61 Dangerous weapons other than firearms on
school premises. (1) In this section:
...
(b) “School” means a public, parochial or private school which
provides an educational program for one or more grades between
grades 1 and 12 and which is commonly known as an elementary
school, middle school, junior high school, senior high school or
high school.
(c) “School premises” means any school building, grounds,
recreation area or athletic field or any other property owned, used
or operated for school administration.
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