2013 - 2014 LEGISLATURE
March 25, 2014 - Introduced by Representatives Goyke, Johnson, Barnes,
Sargent, Pasch, Pope, Berceau, Zamarripa, Young and Sinicki, cosponsored
by Senator Lehman. Referred to Committee on Criminal Justice.
1An Act to repeal
941.29 (2); to amend
941.29 (1), 941.29 (3), 941.29 (4) and 2
973.176 (1); and to create
941.29 (1) (bt) of the statutes; relating to:
3possession of firearms by individuals who are habitual criminals.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from possessing a firearm if he or she has been
convicted of a felony, found not guilty of a felony by reason of mental disease or defect,
or adjudicated delinquent for an act that if committed by an adult in this state would
be a felony. Under this bill, if a person has been convicted of a misdemeanor on three
separate occasions within a five-year period, the person is prohibited from
possessing a firearm until at least five years have passed since the first misdemeanor
conviction. A person who violates the prohibition is guilty of a felony and is subject
to a fine of up to $25,000 or a term of imprisonment of up to ten years, or both.
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:
941.29 (1) of the statutes is amended to read:
A person is subject to the requirements and penalties of this section
2if he or she has been who possesses a firearm is guilty of a Class G felony if any of
3the following applies
(a) Convicted The person has been convicted
of a felony in this state.
(b) Convicted The person has been convicted
of a crime elsewhere that would 6
be a felony if committed in this state.
(bm) Adjudicated The person has been adjudicated
delinquent for an act 8
committed on or after April 21, 1994, that if committed by an adult in this state would 9
be a felony.
(c) Found The person has been found
not guilty of a felony in this state by reason 11
of mental disease or defect.
(d) Found The person has been found
not guilty of or not responsible for a crime 13
elsewhere that would be a felony in this state by reason of insanity or mental disease, 14
defect or illness.
(e) Committed The person has been committed
for treatment under s. 51.20 (13) 16
(a) and ordered is subject to an order
not to possess a firearm under s. 51.20 (13) (cv) 17
1., 2007 stats.
(em) Ordered The person is subject to an order
not to possess a firearm under 19
s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).
(f) Enjoined under The person is subject to
an injunction issued under s. 813.12 21
or 813.122 or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court 22
established by any federally recognized Wisconsin Indian tribe or band, except the 23
Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he 24
or she is subject to the requirements and penalties under this section and that has 25
been filed under s. 806.247 (3).
(g) Ordered The person is subject to an order
not to possess a firearm under s. 2
941.29 (1) (bt) of the statutes is created to read:
(bt) The person has been convicted of a misdemeanor on 3 separate 5
occasions within the immediately preceding 5 years, not including any time that the 6
person spent in actual confinement serving a criminal sentence. It is immaterial that 7
sentence for any of the 3 misdemeanors was stayed, withheld, or suspended, or, 8
notwithstanding sub. (5) (a), that the actor was pardoned for any of the 3 9
misdemeanors, unless the pardon was granted on the ground of innocence.
941.29 (2) of the statutes is repealed.
941.29 (3) of the statutes is amended to read:
Any firearm involved in an offense under
sub. (2) this section
subject to s. 968.20 (3).
941.29 (4) of the statutes is amended to read:
A person is concerned with the commission of a crime, as specified 16
in s. 939.05 (2) (b), in violation of this section if he or she knowingly furnishes a person 17
with a firearm in violation of sub. (2) this section
973.176 (1) of the statutes is amended to read:
973.176 (1) Firearm possession.
Whenever a court imposes a sentence or 20
places a defendant on probation regarding a felony conviction, or regarding a
21misdemeanor conviction if the conviction would subject the defendant to the
22prohibition under s. 941.29 (1) (bt)
, the court shall inform the defendant of the 23
requirements and penalties under s. 941.29.
(1) This act first applies to offenses committed on the effective date of this 2
subsection but does not preclude counting prior offenses for the purposes of section 3
941.29 (1) (bt) of the statutes, as created by this act.