LRBs0079/3
CMH:cjs&kjf
2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 142
June 1, 2015 - Offered by Representative Bernier.
AB142-ASA1,1,4 1An Act to repeal 941.24; to amend 66.0409 (title), 66.0409 (2), 66.0409 (3) (a),
266.0409 (6), 175.60 (1) (j), 938.78 (3), 939.632 (1) (e) 3., 947.01 (2) and 968.255
3(1) (a) 2.; and to create 941.23 (1) (ap) and 941.231 of the statutes; relating to:
4knives and preemption of regulation of knives and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This substitute amendment eliminates the prohibition against possessing,
purchasing, or selling a switchblade knife. This substitute amendment treats knives
in the same manner as current law treats firearms by prohibiting local governments
from regulating the sale, purchase, or possession of knives and prohibiting charging
a person with disorderly conduct for going armed with a knife without criminal
intent. Finally, this substitute amendment eliminates a knife from being considered
a weapon for purposes of a license to carry a concealed weapon, and eliminates the
general prohibition against going armed with a concealed knife except that, under
the substitute amendment, a person who is prohibited under state law from

possessing a firearm may not go armed with a concealed knife that is a dangerous
weapon.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB142-ASA1,1 1Section 1. 66.0409 (title) of the statutes is amended to read:
AB142-ASA1,2,2 266.0409 (title) Local regulation of firearms weapons.
AB142-ASA1,2 3Section 2. 66.0409 (2) of the statutes is amended to read:
AB142-ASA1,2,104 66.0409 (2) Except as provided in subs. (3) and (4), no political subdivision may
5enact or enforce an ordinance or adopt a resolution that regulates the sale, purchase,
6purchase delay, transfer, ownership, use, keeping, possession, bearing,
7transportation, licensing, permitting, registration, or taxation of any knife or any
8firearm or part of a firearm, including ammunition and reloader components, unless
9the ordinance or resolution is the same as or similar to, and no more stringent than,
10a state statute.
AB142-ASA1,3 11Section 3. 66.0409 (3) (a) of the statutes is amended to read:
AB142-ASA1,2,1412 66.0409 (3) (a) Nothing in this section prohibits a county from imposing a sales
13tax or use tax under subch. V of ch. 77 on any knife or any firearm or part of a firearm,
14including ammunition and reloader components, sold in the county.
AB142-ASA1,4 15Section 4. 66.0409 (6) of the statutes is amended to read:
AB142-ASA1,3,216 66.0409 (6) Unless other facts and circumstances that indicate a criminal or
17malicious intent on the part of the person apply, no person may be in violation of, or
18be charged with a violation of, an ordinance of a political subdivision relating to
19disorderly conduct or other inappropriate behavior for loading, a firearm, or for
20carrying, or going armed with a firearm or a knife, without regard to whether the

1firearm is loaded or the firearm or the knife is concealed or openly carried. Any
2ordinance in violation of this subsection does not apply and may not be enforced.
AB142-ASA1,5 3Section 5. 175.60 (1) (j) of the statutes is amended to read:
AB142-ASA1,3,54 175.60 (1) (j) "Weapon" means a handgun, an electric weapon, as defined in s.
5941.295 (1c) (a), a knife other than a switchblade knife under s. 941.24, or a billy club.
AB142-ASA1,6 6Section 6. 938.78 (3) of the statutes is amended to read:
AB142-ASA1,4,27 938.78 (3) Release of information when escape or absence; rules. If a juvenile
8adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
9of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats.,
10or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats.,
11or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.24,
12941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03,
13943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05,
14948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has
15escaped from a juvenile correctional facility, residential care center for children and
16youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or
17juvenile portion of a county jail, or from the custody of a peace officer or a guard of
18such a facility, center, or jail, or has been allowed to leave a juvenile correctional
19facility, residential care center for children and youth, inpatient facility, juvenile
20detention facility, or juvenile portion of a county jail for a specified time period and
21is absent from the facility, center, home, or jail for more than 12 hours after the
22expiration of the specified period, the department or county department having
23supervision over the juvenile may release the juvenile's name and any information
24about the juvenile that is necessary for the protection of the public or to secure the
25juvenile's return to the facility, center, home, or jail. The department shall

1promulgate rules establishing guidelines for the release of the juvenile's name or
2information about the juvenile to the public.
AB142-ASA1,7 3Section 7. 939.632 (1) (e) 3. of the statutes is amended to read:
AB142-ASA1,4,54 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32
5(2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, 941.24 or 941.38 (3).
AB142-ASA1,8 6Section 8. 941.23 (1) (ap) of the statutes is created to read:
AB142-ASA1,4,87 941.23 (1) (ap) Notwithstanding s. 939.22 (10), "dangerous weapon" does not
8include a knife.
AB142-ASA1,9 9Section 9. 941.231 of the statutes is created to read:
AB142-ASA1,4,12 10941.231 Carrying a concealed knife. Any person who is prohibited from
11possessing a firearm under s. 941.29 who goes armed with a concealed knife that is
12a dangerous weapon is guilty of a Class A misdemeanor.
AB142-ASA1,10 13Section 10. 941.24 of the statutes is repealed.
AB142-ASA1,11 14Section 11. 947.01 (2) of the statutes is amended to read:
AB142-ASA1,4,1915 947.01 (2) Unless other facts and circumstances that indicate a criminal or
16malicious intent on the part of the person apply, a person is not in violation of, and
17may not be charged with a violation of, this section for loading, a firearm, or for
18carrying, or going armed with a firearm or a knife, without regard to whether the
19firearm is loaded or the firearm or the knife is concealed or openly carried.
AB142-ASA1,12 20Section 12. 968.255 (1) (a) 2. of the statutes is amended to read:
AB142-ASA1,4,2221 968.255 (1) (a) 2. A person arrested for any misdemeanor under s. 167.30 (1),
22940.19, 941.20 (1), 941.23, 941.231, 941.237, 941.24, 948.60, or 948.61.
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