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.
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), 5
175.60 (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, 7
941.237 (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 9
943.13 (4m) (am); to renumber and amend
29.091 (1), 29.621 (4) (intro.), 10
167.31 (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 13
973.137 (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) (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., 5
175.60 (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), 7
941.299 (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
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
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:
23.33 (3c) of the statutes is repealed.
29.089 (2) of the statutes is repealed.
29.091 (1) of the statutes is renumbered 29.091 and amended to 3
429.091 Hunting or trapping in wildlife refuge.
No person may hunt or trap 5
within 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 9
predatory game birds and animals shall be done as the department directs. All state 10
wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 11
500 feet and bearing signs with the words “Wisconsin Wildlife Refuge".
29.091 (2) of the statutes is repealed.
29.301 (1) (b) of the statutes is amended to read:
(b) No person may hunt within 1,700 1,000
feet of any hospital, 15
or the grounds of any school. The department may designate the form 16
for or furnish signs designating the restricted area. No person may be convicted of 17
a violation of this paragraph unless the restricted area is designated by the signs.
29.314 (3) (title) and (a) and (4) (title) and (a) of the statutes are 19
amended to read:
(title) Shining deer, elk, or bear while hunting or possessing
No person may use or possess with intent to 22
use 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
(title) Shining wild animals while hunting or possessing weapons
No person may use or possess with intent to use a light
for shining wild animals while the person is hunting or in possession of a firearm,
2bow and arrow or crossbow
29.621 (4) (intro.) of the statutes is renumbered 29.621 (4) and 4
amended to read:
29.621 (4) Protection.
Except as provided in s. 29.091 (1)
, no owner of a 6
wildlife refuge, and no other person, may hunt or trap within the boundaries of any 7
wildlife 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:
29.621 (4) (a) to (d) of the statutes are repealed.
29.921 (1) of the statutes is amended to read:
29.921 (1) Generally.
The department and its wardens may execute and serve 15
warrants and processes issued under any law enumerated in ss. 23.50 (1), 167.31, 16
346.19, 940.24, 941.20, 948.60, 948.605
and 948.61 in the same manner as any 17
constable may serve and execute the process; and may arrest, with or without a 18
warrant, any person detected in the actual violation, or whom the officer has 19
probable cause to believe is guilty of a violation of any of the laws cited in this 20
subsection, whether the violation is punishable by criminal penalties or by forfeiture, 21
and may take the person before any court in the county where the offense was 22
committed and make a proper complaint. For the purpose of enforcing any of the 23
laws cited in this subsection, any officer may stop and board any boat and stop any 24
vehicle, if the officer reasonably suspects there is a violation of those sections.
66.0409 (1) (a) of the statutes is renumbered 66.0409 (1) (am).
66.0409 (1) (ag) of the statutes is created to read:
(ag) “Electric weapon” has the meaning given in s. 939.22 (11m).
66.0409 (2) of the statutes is amended to read:
Except as provided in subs. (3) and (4), no political subdivision may 5
enact or enforce an ordinance or adopt a resolution that regulates the sale, purchase, 6
purchase delay, transfer, ownership, use, keeping, possession, bearing, 7
transportation, licensing, permitting, registration, or taxation of any knife, any
or any firearm or part of a firearm, including ammunition and 9
reloader components, unless the ordinance or resolution is the same as or similar to, 10
and no more stringent than, a state statute.
66.0409 (2m) of the statutes is created to read:
No political subdivision or other person may prohibit individuals 13
from going armed with a firearm, knife, or electric weapon on a vehicle that is part 14
of a public mass transportation system.
66.0409 (3) (a) and (c) and (6) of the statutes are amended to read:
(a) Nothing in this section prohibits a county from imposing a sales 17
tax or use tax under subch. V of ch. 77 on any knife, any electric weapon,
or any 18
firearm or part of a firearm, including ammunition and reloader components, sold 19
in the county.
(c) Nothing in this section prohibits a political subdivision from enacting or 21
enforcing an ordinance or adopting a resolution that prohibits the possession of a 22
knife or an electric weapon
in a building, or part of a building, that is owned, 23
occupied, or controlled by the political subdivision.
Unless other facts and circumstances that indicate a criminal or malicious 25
intent on the part of the person apply, no person may be in violation of, or be charged
with a violation of, an ordinance of a political subdivision relating to disorderly 2
conduct or other inappropriate behavior for loading a firearm, or for carrying or going 3
armed with a firearm, an electric weapon,
or a knife, without regard to whether the 4
firearm is loaded or the firearm, the electric weapon,
or the knife is concealed or 5
openly carried. Any ordinance in violation of this subsection does not apply and may 6
not be enforced.
110.07 (1) (a) 1. and 3. and (b) of the statutes are amended to read:
(a) 1. Enforce and assist in the administration of this chapter and 9
chs. 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, 11
or orders or rules issued pursuant thereto.
3. Have authority to enter any place where vehicles subject to this chapter, ss. 13
167.31 (2) (b) to (c) and
(d) and 287.81 and chs. 194, 218 and 341 to 350 are stored 14
or parked at any time to examine such vehicles, or to stop such vehicles while en route 15
at any time upon the public highways to examine the same and make arrests for all 16
(b) All municipal judges, judges, district attorneys and law enforcement officers 18
shall assist in enforcing this chapter, ss. 167.31 (2) (b) to (c) and
(d) and 287.81 and 19
chs. 194, 218 and 341 to 351, and orders or rules issued pursuant thereto and shall 20
report to the department the disposition of every uniform traffic citation issued for 21
cases involving those chapters.
165.81 (2) of the statutes is repealed.
167.31 (1) (c) of the statutes is amended to read:
(c) “Firearm" means a weapon that acts by force of gunpowder but
25does not include an antique firearm under 18 USC 921 (a) (16)
167.31 (1) (cm) and (2) (a) and (b) of the statutes are repealed.
167.31 (2) (c), (d) and (e) of the statutes are amended to read:
(c) Except as provided in sub. (4), no person may load a firearm, other
4than a handgun, in a vehicle or
discharge a firearm or shoot a bolt or an arrow from 5
a bow or crossbow in or from a vehicle.
(d) Except as provided in sub. (4) (a), (bg),
(cg), (e), and (g), no person may 7
discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across 8
a highway or within 50 feet of the center of a roadway.
(e) A person who violates pars. (a) to par. (c) or
(d) is subject to a forfeiture of 10
not more than $100.