LRB-2039/1
CMH&EHS:amn&wlj
2017 - 2018 LEGISLATURE
April 14, 2017 - Introduced by Representatives Felzkowski, Bernier, Duchow,
Brandtjen, Kerkman, August, Born, R. Brooks, Edming, Gannon,
Horlacher, Hutton, Jacque, Jarchow, Katsma, Kleefisch, Knodl, Krug,
Kulp, Macco, Mursau, Quinn, Ripp, Sanfelippo, Schraa, Skowronski,
Stafsholt, Swearingen, Tauchen, Thiesfeldt, Tittl, Vorpagel,
Weatherston, Kremer, Kuglitsch, Murphy, Neylon, Summerfield, Tusler
and Jagler, cosponsored by Senators Craig, Vukmir, Kapenga, Feyen,
LeMahieu, Marklein, Nass, Stroebel, Testin, Tiffany and Wanggaard.
Referred to Committee on State Affairs.
AB247,2,14 1An Act to repeal 23.33 (3c), 29.089 (2), 29.091 (2), 29.621 (4) (a) to (d), 165.81
2(2), 167.31 (1) (cm) and (2) (a) and (b), 167.31 (3) (a) 2., 167.31 (4) (ag), 167.31
3(4) (am) 2. and 3., 167.31 (4) (bg), (bn) and (bt), 167.31 (4) (cm) and (d), 173.07
4(5) (b), 175.60 (1) (dm) and (h), 175.60 (1) (i) 2., 175.60 (2g), 175.60 (2m) (bm),
5175.60 (3) (f), 175.60 (3) (g), 175.60 (11) (b) 2., 3. and 4., 175.60 (16), 175.60 (17)
6(a), (ac) and (b), 440.26 (3m), 939.22 (20s), 939.32 (1) (e), 941.23, 941.235,
7941.237 (1) (a) to (dr) and (em) to (g), 941.237 (3), 948.605 and 973.137 (1) and
8(2); to renumber 66.0409 (1) (a), 175.60 (12) (b) 1. a. and b., 175.60 (13) and
9943.13 (4m) (am); to renumber and amend 29.091 (1), 29.621 (4) (intro.),
10167.31 (4) (am) 1., 175.60 (11) (b) 1., 175.60 (12) (b) 2., 175.60 (15m), 175.60 (21)
11(c) and 943.13 (4m) (bm); to consolidate, renumber and amend 167.31 (3)
12(a) (intro.) and 1., 175.60 (1) (i) (intro.) and 1., 941.237 (1) (intro.) and (e) and
13973.137 (intro.) and (1m); to amend 29.301 (1) (b), 29.314 (3) (title) and (a) and
14(4) (title) and (a), 29.921 (1), 66.0409 (2), 66.0409 (3) (a) and (c) and (6), 110.07

1(1) (a) 1. and 3. and (b), 167.31 (1) (c), 167.31 (2) (c), (d) and (e), 167.31 (4) (a)
2(intro.), 167.31 (4) (b), 167.31 (4) (c) and (cg) (intro.), 167.31 (4) (f) and (i), 175.60
3(1) (bm), 175.60 (1) (j), 175.60 (2) (c) and (d), 175.60 (2m) (a), 175.60 (4) (a)
4(intro.) and (5) (a) (intro.) and 1., 175.60 (5) (a) 6., 175.60 (7) (e) and (9) (b) 2.,
5175.60 (13) (title), 175.60 (14) (a) and (am), 345.11 (1s), 345.20 (2) (f), 895.527
6(5) (a), 938.34 (14q), 938.78 (3), 939.22 (10), 939.632 (1) (e) 3., 941.237 (2),
7941.299 (1) (a), 943.13 (1m) (c) 2. and 4., 947.01 (2), 948.60 (1) and 968.255 (1)
8(a) 2.; to repeal and recreate 941.295; and to create 66.0409 (1) (ag), 66.0409
9(2m), 167.31 (4) (a) 1., 175.60 (2) (e), 175.60 (2m) (am), 175.60 (5) (a) 1m., 175.60
10(12) (b) 2. c., 175.60 (12g) (a) 4., 175.60 (13) (b), 939.22 (11m), 939.22 (13), 943.13
11(1e) (g), 943.13 (1n), 943.13 (1p) and 943.13 (2) (bm) 3. of the statutes; relating
12to:
going armed with a firearm and electric weapons, licenses for carrying a
13concealed weapon, trespassing while armed with a firearm, and providing
14criminal penalties.
Analysis by the Legislative Reference Bureau
Current law generally prohibits an individual from carrying a concealed
weapon unless the individual has a license to carry a concealed weapon that is issued
by the Department of Justice or unless the individual has a law enforcement
identification card indicating that he or she is a qualified current or former law
enforcement officer. This bill eliminates the general prohibition against going armed
with a concealed weapon without regard to licensure status.
This bill also eliminates current law prohibitions against carrying firearms in
specified places, but retains the current law that allows certain persons to post
buildings and grounds so that individuals who carry a firearm in violation of the
posting commit trespass. For instance, this bill eliminates the prohibition on
carrying a firearm on school grounds and, for persons without a license to carry a
concealed weapon, in a school zone. Instead, this bill allows schools to post their
buildings and grounds under the trespassing laws. An individual who violates the
trespassing provision is guilty of a Class C misdemeanor if the individual is in a
posted school building and a Class B forfeiture if the individual is on the posted
grounds of a school.

Likewise, the bill eliminates the general prohibition against carrying a firearm
in other buildings, such as a police station, a house of correction, or a secure mental
health facility, but allows the appropriate governmental entity to post the buildings
against carrying a firearm. This bill also eliminates the prohibitions against
carrying a firearm, bow, or crossbow in a wildlife refuge and eliminates the
prohibitions against carrying a firearm, bow, or crossbow while engaging in certain
activities, such as operating an all-terrain vehicle. In addition, current law prohibits
an individual from shining wildlife while the individual is hunting or possessing a
firearm, bow and arrow, or crossbow. This bill maintains that the individual may not
shine wildlife while hunting but eliminates the prohibition on shining while
possessing a firearm, bow and arrow, or crossbow.
The federal gun-free school zone law generally prohibits the possession of a
firearm in a school zone but exempts an individual who is licensed to possess a
firearm by the state in which the school zone is located if the license involves a
background check on the individual. For purposes of being able to possess a firearm
in a school zone under federal law, as well as for purposes of being allowed to carry
a firearm in other states that require licensure, this bill maintains the license to
carry a concealed weapon and the law enforcement identification cards. This bill
makes two modifications to the process to obtain a new license to carry a concealed
weapon. First, under this bill, DOJ may issue a license to an applicant who is not
a Wisconsin resident; under current law, only a resident may be issued a license.
Second, although current law requires proof of completing a training program for a
license, under this bill, if an otherwise qualified applicant does not provide proof of
completing a training program, DOJ must issue the applicant a license that indicates
that the license is a basic license. For in-state purposes, the license and the basic
license are indistinguishable, and, under this bill, both are optional. The bill also
provides that, if the federal government creates standards that would allow a license
to carry a concealed weapon to be recognized by other states and the license issued
by DOJ does not comply with the federal standards, DOJ must create an optional
enhanced license to carry a concealed weapon that complies with the federal
standards.
Finally, current law generally prohibits the possession of electric weapons,
commonly known as tasers. This bill eliminates that prohibition except the
prohibition is maintained for an individual who is prohibited from possessing a
firearm. This bill also changes the definition of “firearm” by specifically excluding
antique firearms, as defined under federal law, which excludes firearms
manufactured before 1898 and muzzleloading firearms.
For further information see the state 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:
AB247,1 1Section 1. 23.33 (3c) of the statutes is repealed.
AB247,2
1Section 2. 29.089 (2) of the statutes is repealed.
AB247,3 2Section 3. 29.091 (1) of the statutes is renumbered 29.091 and amended to
3read:
AB247,4,11 429.091 Hunting or trapping in wildlife refuge. No person may hunt or trap
5within any wildlife refuge established under s. 23.09 (2) (b) or 29.621 (1), or, except
6as provided in sub. (2), have possession or control of any gun, firearm, bow or
7crossbow unless the gun or firearm is unloaded, the bow or crossbow is unstrung and

8the gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of
9predatory game birds and animals shall be done as the department directs. All state
10wildlife refuge boundary lines shall be marked by posts placed at intervals of not over
11500 feet and bearing signs with the words “Wisconsin Wildlife Refuge".
AB247,4 12Section 4. 29.091 (2) of the statutes is repealed.
AB247,5 13Section 5. 29.301 (1) (b) of the statutes is amended to read:
AB247,4,1714 29.301 (1) (b) No person may hunt within 1,700 1,000 feet of any hospital,
15sanatorium, or the grounds of any school. The department may designate the form
16for or furnish signs designating the restricted area. No person may be convicted of
17a violation of this paragraph unless the restricted area is designated by the signs.
AB247,6 18Section 6. 29.314 (3) (title) and (a) and (4) (title) and (a) of the statutes are
19amended to read:
AB247,4,2320 29.314 (3) (title) Shining deer, elk, or bear while hunting or possessing
21weapons
prohibited. (a) Prohibition. No person may use or possess with intent to
22use a light for shining deer, elk, or bear while the person is hunting deer, elk, or bear
23or in possession of a firearm, bow and arrow, or crossbow.
AB247,5,2 24(4) (title) Shining wild animals while hunting or possessing weapons
25prohibited.
(a) Prohibition. No person may use or possess with intent to use a light

1for shining wild animals while the person is hunting or in possession of a firearm,
2bow and arrow or crossbow
.
AB247,7 3Section 7. 29.621 (4) (intro.) of the statutes is renumbered 29.621 (4) and
4amended to read:
AB247,5,115 29.621 (4) Protection. Except as provided in s. 29.091 (1), no owner of a
6wildlife refuge, and no other person, may hunt or trap within the boundaries of any
7wildlife refuge or have in his or her possession or under his or her control in the
8wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded,
9the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
10within a carrying case. This subsection, as it relates to the possession or control of
11a loaded or unencased firearm, does not apply to any of the following:
.
AB247,8 12Section 8. 29.621 (4) (a) to (d) of the statutes are repealed.
AB247,9 13Section 9. 29.921 (1) of the statutes is amended to read:
AB247,5,2414 29.921 (1) Generally. The department and its wardens may execute and serve
15warrants and processes issued under any law enumerated in ss. 23.50 (1), 167.31,
16346.19, 940.24, 941.20, 948.60, 948.605 and 948.61 in the same manner as any
17constable may serve and execute the process; and may arrest, with or without a
18warrant, any person detected in the actual violation, or whom the officer has
19probable cause to believe is guilty of a violation of any of the laws cited in this
20subsection, whether the violation is punishable by criminal penalties or by forfeiture,
21and may take the person before any court in the county where the offense was
22committed and make a proper complaint. For the purpose of enforcing any of the
23laws cited in this subsection, any officer may stop and board any boat and stop any
24vehicle, if the officer reasonably suspects there is a violation of those sections.
AB247,10 25Section 10. 66.0409 (1) (a) of the statutes is renumbered 66.0409 (1) (am).
AB247,11
1Section 11. 66.0409 (1) (ag) of the statutes is created to read:
AB247,6,22 66.0409 (1) (ag) “Electric weapon” has the meaning given in s. 939.22 (11m).
AB247,12 3Section 12. 66.0409 (2) of the statutes is amended to read:
AB247,6,104 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, any
8electric weapon,
or any firearm or part of a firearm, including ammunition and
9reloader components, unless the ordinance or resolution is the same as or similar to,
10and no more stringent than, a state statute.
AB247,13 11Section 13. 66.0409 (2m) of the statutes is created to read:
AB247,6,1412 66.0409 (2m) No political subdivision or other person may prohibit individuals
13from going armed with a firearm, knife, or electric weapon on a vehicle that is part
14of a public mass transportation system.
AB247,14 15Section 14. 66.0409 (3) (a) and (c) and (6) of the statutes are amended to read:
AB247,6,1916 66.0409 (3) (a) Nothing in this section prohibits a county from imposing a sales
17tax or use tax under subch. V of ch. 77 on any knife, any electric weapon, or any
18firearm or part of a firearm, including ammunition and reloader components, sold
19in the county.
AB247,6,2320 (c) Nothing in this section prohibits a political subdivision from enacting or
21enforcing an ordinance or adopting a resolution that prohibits the possession of a
22knife or an electric weapon in a building, or part of a building, that is owned,
23occupied, or controlled by the political subdivision.
AB247,7,6 24(6) Unless other facts and circumstances that indicate a criminal or malicious
25intent on the part of the person apply, no person may be in violation of, or be charged

1with a violation of, an ordinance of a political subdivision relating to disorderly
2conduct or other inappropriate behavior for loading a firearm, or for carrying or going
3armed with a firearm, an electric weapon, or a knife, without regard to whether the
4firearm is loaded or the firearm, the electric weapon, or the knife is concealed or
5openly carried. Any ordinance in violation of this subsection does not apply and may
6not be enforced.
AB247,15 7Section 15. 110.07 (1) (a) 1. and 3. and (b) of the statutes are amended to read:
AB247,7,118 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and
9chs. 194, 218, 341 to 349 and 351, and ss. 23.33, 23.335, 125.07 (4) (b), 125.085 (3)
10(b), 167.31 (2) (b) to (c) and (d) and 287.81 and ch. 350 where applicable to highways,
11or orders or rules issued pursuant thereto.
AB247,7,1612 3. Have authority to enter any place where vehicles subject to this chapter, ss.
13167.31 (2) (b) to (c) and (d) and 287.81 and chs. 194, 218 and 341 to 350 are stored
14or parked at any time to examine such vehicles, or to stop such vehicles while en route
15at any time upon the public highways to examine the same and make arrests for all
16violations thereof.
AB247,7,2117 (b) All municipal judges, judges, district attorneys and law enforcement officers
18shall assist in enforcing this chapter, ss. 167.31 (2) (b) to (c) and (d) and 287.81 and
19chs. 194, 218 and 341 to 351, and orders or rules issued pursuant thereto and shall
20report to the department the disposition of every uniform traffic citation issued for
21cases involving those chapters.
AB247,16 22Section 16. 165.81 (2) of the statutes is repealed.
AB247,17 23Section 17. 167.31 (1) (c) of the statutes is amended to read:
AB247,7,2524 167.31 (1) (c) “Firearm" means a weapon that acts by force of gunpowder but
25does not include an antique firearm under 18 USC 921 (a) (16)
.
AB247,18
1Section 18. 167.31 (1) (cm) and (2) (a) and (b) of the statutes are repealed.
AB247,19 2Section 19. 167.31 (2) (c), (d) and (e) of the statutes are amended to read:
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