LRB-2007/1

CMH&RNK : kjf&wlj : rs

2011 - 2012 LEGISLATURE

May 10, 2011 - Introduced by Senators Galloway, Grothman, Kedzie, Lazich,

Leibham, Moulton, Holperin, Vukmir and Zipperer , cosponsored by

Representatives Mursau, Kleefisch, August, Farrow, Kapenga, Kerkman,

Kestell, Knilans, Knudson, Kooyenga, Kramer, Krug, Kuglitsch, T. Larson,

LeMahieu, Murtha, Nass, Rivard, Severson, Strachota, Tauchen, Thiesfeldt

and Wynn . Referred to Committee on Judiciary, Utilities, Commerce, and

Government Operations.

SB93,2,5 1 An Act to repeal 23.33 (3) (e), 165.81 (2), 167.31 (1) (b), 167.31 (1) (g), 167.31 (2)

2 (a), 167.31 (2) (b), 167.31 (4) (am) 2. and 3., 167.31 (4) (bg), (bn) and (bt), 167.31

3 (4) (cm) and (d), 941.23, 941.235, 941.237, 941.295, 948.605 (1) (a) and (am),

4 948.605 (2) (b) 1. to 5. and 7. and 973.137 (1); to renumber 29.091, 29.621 (4),

5 167.30, 943.13 (1e) (a) and 947.01; to renumber and amend 167.31 (4) (am)

6 1. and 943.13 (2); to amend 29.089 (2), 29.314 (3) (a), 29.314 (4) (a), 48.685 (2)

7 (bb), 50.065 (2) (bb), 59.54 (6), 66.0409 (3) (b), 110.07 (1) (a) 1., 110.07 (1) (a) 3.,

8 110.07 (1) (b), 167.31 (2) (c), 167.31 (2) (d), 167.31 (2) (e), 167.31 (3) (title), 167.31

9 (3) (a), 167.31 (3) (b), 167.31 (4) (a), 167.31 (4) (b), 167.31 (4) (c), 167.31 (4) (f),

10 345.11 (1s), 345.20 (2) (f), 895.527 (5) (a), 938.34 (14q), 938.78 (3), 939.22 (10),

11 939.632 (1) (e) 3., 941.299 (1) (a), 943.13 (1m) (b), 943.13 (3), 947.011 (2) (a) 1.,

12 947.011 (2) (c) 1., 947.011 (2) (d), 948.60 (1), 948.605 (2) (title), 948.605 (2) (a),

13 948.605 (2) (b) (intro.), 948.605 (2) (b) 6., 968.255 (1) (a) 2., 971.37 (1m) (a) 2. and

14 973.055 (1) (a) 1.; and to create 29.091 (1), 29.314 (1) (ah), 29.621 (4) (a),

1 66.0409 (6), 167.30 (2), 167.31 (4) (at), 939.22 (11m), 941.232, 943.13 (1e) (aL),

2 943.13 (1e) (cm), 943.13 (1m) (c), 943.13 (2) (bm), 943.13 (6), 947.01 (2) and

3 948.605 (2) (b) 1m. of the statutes; relating to: going armed with weapons,

4 possessing or transporting a firearm, bow, or crossbow under certain

5 circumstances, disorderly conduct limitations, and electric weapons. 23.33 (3) (e), 165.81 (2), 167.31 (1) (b), 167.31 (1) (g), 167.31 (2)(a), 167.31 (2) (b), 167.31 (4) (am) 2. and 3., 167.31 (4) (bg), (bn) and (bt), 167.31(4) (cm) and (d), 941.23, 941.235, 941.237, 941.295, 948.605 (1) (a) and (am),948.605 (2) (b) 1. to 5. and 7. and 973.137 (1);29.091, 29.621 (4),167.30, 943.13 (1e) (a) and 947.01;167.31 (4) (am)1. and 943.13 (2);29.089 (2), 29.314 (3) (a), 29.314 (4) (a), 48.685 (2)(bb), 50.065 (2) (bb), 59.54 (6), 66.0409 (3) (b), 110.07 (1) (a) 1., 110.07 (1) (a) 3.,110.07 (1) (b), 167.31 (2) (c), 167.31 (2) (d), 167.31 (2) (e), 167.31 (3) (title), 167.31(3) (a), 167.31 (3) (b), 167.31 (4) (a), 167.31 (4) (b), 167.31 (4) (c), 167.31 (4) (f),345.11 (1s), 345.20 (2) (f), 895.527 (5) (a), 938.34 (14q), 938.78 (3), 939.22 (10),939.632 (1) (e) 3., 941.299 (1) (a), 943.13 (1m) (b), 943.13 (3), 947.011 (2) (a) 1.,947.011 (2) (c) 1., 947.011 (2) (d), 948.60 (1), 948.605 (2) (title), 948.605 (2) (a),948.605 (2) (b) (intro.), 948.605 (2) (b) 6., 968.255 (1) (a) 2., 971.37 (1m) (a) 2. and973.055 (1) (a) 1.; and29.091 (1), 29.314 (1) (ah), 29.621 (4) (a),66.0409 (6), 167.30 (2), 167.31 (4) (at), 939.22 (11m), 941.232, 943.13 (1e) (aL),943.13 (1e) (cm), 943.13 (1m) (c), 943.13 (2) (bm), 943.13 (6), 947.01 (2) and948.605 (2) (b) 1m. of the statutes;

Analysis by the Legislative Reference Bureau

In general, under current Wisconsin law, no person may go armed with a

concealed and dangerous weapon. The "going armed with" language includes cases

in which a person is carrying a concealed weapon but has not gone and is not going

anywhere with it and cases in which a weapon is readily accessible to a person in a

car. A person who violates the prohibition may be fined not more than $10,000 or

imprisoned for not more than nine months or both. This prohibition has many

exceptions. First, Wisconsin Statutes expressly exempt law enforcement officers. In

addition, under State v. Hamdan , 2003 WI 113, 264 Wis. 2d 433, this prohibition is

unconstitutional if applied to a person carrying a concealed weapon at his or her own

business when: 1) the person's interest in carrying a concealed weapon substantially

outweighs the state's interest in enforcing the concealed weapons law; 2) the person

has no other reasonable means to keep and handle the weapon; and 3) the person is

not motivated by an unlawful purpose in concealing it. In Hamdan , the court also

indicated that the constitutional right to keep and bear arms for security allows a

person to carry a concealed weapon under certain circumstances in his or her own

home. Finally, under federal law, qualified law enforcement officers and qualified

retired law enforcement officers may carry concealed firearms that have been

shipped or transported in interstate or foreign commerce, regardless of any state

prohibition. This bill eliminates the prohibition against going armed with a

concealed and dangerous weapon.

Current law also prohibits, with certain exceptions, going armed with or

possessing a firearm in a public building, tavern, state park, or wildlife refuge or

within 1,000 feet of the grounds of a school. This bill eliminates the prohibitions

against going armed with or possessing a firearm in a public building or tavern but

this bill adds general prohibitions against carrying weapons into a police station,

sheriff's office, or state patrol station; a prison, jail, house of correction, or secured

correctional facility; a courthouse; a place beyond a security checkpoint in an airport;

and a building owned or leased by the state or any political subdivision of the state

if the building provides electronic screening for weapons at all public entrances to the

building and provides locked storage for weapons on the premises while the person

carrying the weapon is in the building. This bill applies the prohibition against going

armed with or possessing a firearm in a state park or a wildlife refuge only to

firearms that are not handguns. This bill also limits the prohibition against going

armed with or possessing a firearm within 1,000 feet of the grounds of a school only

to the grounds of a school. Any federal prohibitions against guns in school zones,

however, still apply.

In addition, current law prohibits, with certain exceptions, carrying a firearm,

bow, or crossbow in most vehicles unless the firearm is unloaded and encased or the

bow or crossbow is unstrung and encased. This bill generally eliminates the

requirements that the firearm be unloaded and encased and that the bow or crossbow

be unstrung and encased in order to be carried in a vehicle. The bill retains the

requirement that a firearm be unloaded and encased in order to be carried on a

commercial aircraft.

This bill specifies that an individual does not violate the prohibition against

disorderly conduct, or does not violate any local ordinance prohibiting disorderly

conduct, by loading, carrying, or going armed with a firearm without regard to

whether the firearm is loaded or whether the firearm is concealed or openly carried.

This bill also repeals the current law prohibition against possessing electric

weapons.

For further information see the state and local fiscal estimate, which will be

printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do

enact as follows:

SB93, s. 1 1 Section 1 . 23.33 (3) (e) of the statutes is repealed. 23.33 (3) (e) of the statutes is repealed.

SB93, s. 2 2 Section 2 . 29.089 (2) of the statutes is amended to read: 29.089 (2) of the statutes is amended to read:

SB93,3,6 3 29.089 (2) Except as provided in sub. (3) and except if the firearm is a handgun

4 as defined in s. 175.35 (1) (b) , no person may have in his or her possession or under

5 his or her control a firearm on land located in state parks or state fish hatcheries

6 unless the firearm is unloaded and enclosed within a carrying case. 29.089Except as provided in sub. (3), no person may have in his or her possession or underhis or her control a firearm on land located in state parks or state fish hatcheriesunless the firearm is unloaded and enclosed within a carrying case.

SB93, s. 3 7 Section 3 . 29.091 of the statutes is renumbered 29.091 (2). 29.091 of the statutes is renumbered 29.091 (2).

SB93, s. 4 8 Section 4 . 29.091 (1) of the statutes is created to read: 29.091 (1) of the statutes is created to read:

SB93,3,9 9 29.091 (1) In this section: 29.091In this section:

SB93,3,10 10 (a) "Firearm" does not include a handgun. (a) "Firearm" does not include a handgun.

SB93,3,11 11 (b) "Gun" does not include a handgun. (b) "Gun" does not include a handgun.

SB93,3,12 12 (c) "Handgun" has the meaning given in s. 175.35 (1) (b). (c) "Handgun" has the meaning given in s. 175.35 (1) (b).

SB93, s. 5 1 Section 5 . 29.314 (1) (ah) of the statutes is created to read: 29.314 (1) (ah) of the statutes is created to read:

SB93,4,2 2 29.314 (1) (ah) "Handgun" has the meaning given in s. 175.35 (1) (b). 29.314(ah) "Handgun" has the meaning given in s. 175.35 (1) (b).

SB93, s. 6 3 Section 6 . 29.314 (3) (a) of the statutes is amended to read: 29.314 (3) (a) of the statutes is amended to read:

SB93,4,6 4 29.314 (3) (a) Prohibition. No person may use or possess with intent to use a

5 light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in

6 possession of a firearm that is not a handgun , bow and arrow, or crossbow. 29.314(a)No person may use or possess with intent to use alight for shining deer, elk, or bear while the person is hunting deer, elk, or bear or inpossession of a firearm, bow and arrow, or crossbow.

SB93, s. 7 7 Section 7 . 29.314 (4) (a) of the statutes is amended to read: 29.314 (4) (a) of the statutes is amended to read:

SB93,4,10 8 29.314 (4) (a) Prohibition. No person may use or possess with intent to use a

9 light for shining wild animals while the person is hunting or in possession of a

10 firearm that is not a handgun , bow and arrow , or crossbow. 29.314(a)No person may use or possess with intent to use alight for shining wild animals while the person is hunting or in possession of afirearm, bow and arrowor crossbow.

SB93, s. 8 11 Section 8 . 29.621 (4) of the statutes is renumbered 29.621 (4) (b). 29.621 (4) of the statutes is renumbered 29.621 (4) (b).

SB93, s. 9 12 Section 9 . 29.621 (4) (a) of the statutes is created to read: 29.621 (4) (a) of the statutes is created to read:

SB93,4,13 13 29.621 (4) (a) In this subsection: 29.621(a) In this subsection:

SB93,4,14 14 1. "Firearm" does not include a handgun. 1. "Firearm" does not include a handgun.

SB93,4,15 15 2. "Gun" does not include a handgun. 2. "Gun" does not include a handgun.

SB93,4,16 16 3. "Handgun" has the meaning given in s. 175.35 (1) (b). 3. "Handgun" has the meaning given in s. 175.35 (1) (b).

SB93, s. 10 17 Section 10 . 48.685 (2) (bb) of the statutes is amended to read: 48.685 (2) (bb) of the statutes is amended to read:

SB93,5,11 18 48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a

19 charge of a serious crime, but does not completely and clearly indicate the final

20 disposition of the charge, the department, county department, agency contracted

21 with under s. 48.651 (2), child welfare agency, school board, or entity shall make

22 every reasonable effort to contact the clerk of courts to determine the final disposition

23 of the charge. If a background information form under sub. (6) (a) or (am) indicates

24 a charge or a conviction of a serious crime, but information obtained under par. (am)

25 or (b) 1. does not indicate such a charge or conviction, the department, county

1 department, agency contracted with under s. 48.651 (2), child welfare agency, school

2 board, or entity shall make every reasonable effort to contact the clerk of courts to

3 obtain a copy of the criminal complaint and the final disposition of the complaint.

4 If information obtained under par. (am) or (b) 1., a background information form

5 under sub. (6) (a) or (am), or any other information indicates a conviction of a

6 violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1) , or 947.013

7 obtained not more than 5 years before the date on which that information was

8 obtained, the department, county department, agency contracted with under s.

9 48.651 (2), child welfare agency, school board, or entity shall make every reasonable

10 effort to contact the clerk of courts to obtain a copy of the criminal complaint and

11 judgment of conviction relating to that violation. 48.685(bb) If information obtained under par. (am) or (b) 1. indicates acharge of a serious crime, but does not completely and clearly indicate the finaldisposition of the charge, the department, county department, agency contractedwith under s. 48.651 (2), child welfare agency, school board, or entity shall makeevery reasonable effort to contact the clerk of courts to determine the final dispositionof the charge. If a background information form under sub. (6) (a) or (am) indicatesa charge or a conviction of a serious crime, but information obtained under par. (am)or (b) 1. does not indicate such a charge or conviction, the department, countydepartment, agency contracted with under s. 48.651 (2), child welfare agency, schoolboard, or entity shall make every reasonable effort to contact the clerk of courts toobtain a copy of the criminal complaint and the final disposition of the complaint.If information obtained under par. (am) or (b) 1., a background information formunder sub. (6) (a) or (am), or any other information indicates a conviction of aviolation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01, or 947.013obtained not more than 5 years before the date on which that information wasobtained, the department, county department, agency contracted with under s.48.651 (2), child welfare agency, school board, or entity shall make every reasonableeffort to contact the clerk of courts to obtain a copy of the criminal complaint andjudgment of conviction relating to that violation.

SB93, s. 11 12 Section 11 . 50.065 (2) (bb) of the statutes is amended to read: 50.065 (2) (bb) of the statutes is amended to read:

SB93,6,4 13 50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge

14 of a serious crime, but does not completely and clearly indicate the final disposition

15 of the charge, the department or entity shall make every reasonable effort to contact

16 the clerk of courts to determine the final disposition of the charge. If a background

17 information form under sub. (6) (a) or (am), or any disclosure made pursuant to a

18 disclosure policy described under sub. (6) (am), indicates a charge or a conviction of

19 a serious crime, but information obtained under par. (am) or (b) does not indicate

20 such a charge or conviction, the department or entity shall make every reasonable

21 effort to contact the clerk of courts to obtain a copy of the criminal complaint and the

22 final disposition of the complaint. If information obtained under par. (am) or (b), a

23 background information form under sub. (6) (a) or (am), any disclosure made

24 pursuant to a disclosure policy described under sub. (6) (am), or any other

25 information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20,

1 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date

2 on which that information was obtained, the department or entity shall make every

3 reasonable effort to contact the clerk of courts to obtain a copy of the criminal

4 complaint and judgment of conviction relating to that violation. 50.065(bb) If information obtained under par. (am) or (b) indicates a chargeof a serious crime, but does not completely and clearly indicate the final dispositionof the charge, the department or entity shall make every reasonable effort to contactthe clerk of courts to determine the final disposition of the charge. If a backgroundinformation form under sub. (6) (a) or (am), or any disclosure made pursuant to adisclosure policy described under sub. (6) (am), indicates a charge or a conviction ofa serious crime, but information obtained under par. (am) or (b) does not indicatesuch a charge or conviction, the department or entity shall make every reasonableeffort to contact the clerk of courts to obtain a copy of the criminal complaint and thefinal disposition of the complaint. If information obtained under par. (am) or (b), abackground information form under sub. (6) (a) or (am), any disclosure madepursuant to a disclosure policy described under sub. (6) (am), or any otherinformation indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20,941.30, 942.08, 947.01or 947.013 obtained not more than 5 years before the dateon which that information was obtained, the department or entity shall make everyreasonable effort to contact the clerk of courts to obtain a copy of the criminalcomplaint and judgment of conviction relating to that violation.

SB93, s. 12 5 Section 12 . 59.54 (6) of the statutes is amended to read: 59.54 (6) of the statutes is amended to read:

SB93,6,10 6 59.54 (6) Peace and order. The board may enact and enforce ordinances to

7 preserve the public peace and good order within the county including, but not limited

8 by enumeration, ordinances prohibiting conduct that is the same as or similar to

9 conduct that is prohibited by ss. 947.01 (1) and 947.02, and provide a forfeiture for

10 a violation of the ordinances. 59.54The board may enact and enforce ordinances topreserve the public peace and good order within the county including, but not limitedby enumeration, ordinances prohibiting conduct that is the same as or similar toconduct that is prohibited by ss. 947.01and 947.02, and provide a forfeiture fora violation of the ordinances.

SB93, s. 13 11 Section 13 . 66.0409 (3) (b) of the statutes is amended to read: 66.0409 (3) (b) of the statutes is amended to read:

SB93,6,17 12 66.0409 (3) (b) Nothing in this section prohibits a city, village or town that is

13 authorized to exercise village powers under s. 60.22 (3) from enacting an ordinance

14 or adopting a resolution that restricts the discharge of a firearm. Any ordinance or

15 resolution that restricts the discharge of a firearm does not apply and may not be

16 enforced if the actor's conduct is justified or, had it been subject to a criminal penalty,

17 would have been subject to a defense described in s. 939.45. 66.0409(b) Nothing in this section prohibits a city, village or town that isauthorized to exercise village powers under s. 60.22 (3) from enacting an ordinanceor adopting a resolution that restricts the discharge of a firearm.

SB93, s. 14 18 Section 14 . 66.0409 (6) of the statutes is created to read: 66.0409 (6) of the statutes is created to read:

SB93,6,23 19 66.0409 (6) No person may be in violation of, or be charged with a violation of,

20 an ordinance of a political subdivision relating to disorderly conduct or other

21 inappropriate behavior for loading, carrying, or going armed with a firearm, without

22 regard to whether the firearm is loaded or is concealed or openly carried. Any

23 ordinance in violation of this subsection does not apply and may not be enforced. 66.0409No person may be in violation of, or be charged with a violation of,an ordinance of a political subdivision relating to disorderly conduct or otherinappropriate behavior for loading, carrying, or going armed with a firearm, withoutregard to whether the firearm is loaded or is concealed or openly carried. Anyordinance in violation of this subsection does not apply and may not be enforced.

SB93, s. 15 24 Section 15 . 110.07 (1) (a) 1. of the statutes is amended to read: 110.07 (1) (a) 1. of the statutes is amended to read:

SB93,7,4 1 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and

2 chs. 194, 218, 341 to 349 and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b), 167.31

3 (2) (b) to (c) and (d) and 287.81 and ch. 350 where applicable to highways, or orders

4 or rules issued pursuant thereto. 110.07(a) 1. Enforce and assist in the administration of this chapter andchs. 194, 218, 341 to 349 and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b), 167.31(2)(d) and 287.81 and ch. 350 where applicable to highways, or ordersor rules issued pursuant thereto.

SB93, s. 16 5 Section 16 . 110.07 (1) (a) 3. of the statutes is amended to read: 110.07 (1) (a) 3. of the statutes is amended to read: