2019 - 2020 LEGISLATURE
March 7, 2019 - Introduced by Representatives Stafsholt, Sinicki, Born,
Brandtjen, Brooks, Duchow, Edming, Gundrum, Horlacher, Jagler, Krug,
Kuglitsch, Kulp, Macco, Magnafici, Murphy, Mursau, Ott, Plumer,
Pronschinske, Quinn, Ramthun, Rohrkaste, Sanfelippo, Schraa, Spiros,
Steffen, Subeck, Thiesfeldt, Tittl, Tranel, Tusler, Vruwink, Wichgers,
Zimmerman and Skowronski, cosponsored by Senators Craig, L. Taylor,
Jacque, Kapenga, Kooyenga, Nass, Ringhand and Stroebel. Referred to
Committee on Veterans and Military Affairs.
1An Act to renumber and amend
66.0409 (3) (b); and to create
66.0409 (3) (b) 2
3. of the statutes; relating to: local regulation of honorary firearm discharges.
Analysis by the Legislative Reference Bureau
Under current law, no political subdivision may have more stringent regulation
than is provided in state statutes of the sale, purchase, purchase delay, transfer,
ownership, use, keeping, possession, bearing, transportation, licensing, permitting,
registration, or taxation of a firearm. Current law also specifies that this limitation
does not prohibit a municipality from restricting the discharge of a firearm.
Under this bill, a municipal restriction on the discharge of a firearm may not
be enforced against an honorary discharge of a firearm that involves the use of only
blanks and that is part of an event honoring a current or former member of the
military, law enforcement officer, or fire fighter or of military honors provided at a
cemetery on Memorial Day or Veterans Day or at a veterans memorial site.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
66.0409 (3) (b) of the statutes is renumbered 66.0409 (3) (b) 1. and 4
amended to read:
(b) 1. Nothing in this section prohibits a city, village or town that 2
is authorized to exercise village powers under s. 60.22 (3) from enacting an ordinance 3
or adopting a resolution that restricts the discharge of a firearm.
42. Notwithstanding subd. 1., any
ordinance or resolution that restricts the 5
discharge of a firearm does not apply and may not be enforced if the actor's conduct 6
is justified or, had it been subject to a criminal penalty, would have been subject to 7
a defense described in s. 939.45.
66.0409 (3) (b) 3. of the statutes is created to read:
(b) 3. Notwithstanding subd. 1., any ordinance or resolution that 10
restricts the honorary discharge of a firearm that involves the use of only blanks and 11
that is part of any of the following does not apply and may not be enforced:
a. An event, including a funeral, honoring a current or former member of the 13
military, law enforcement officer, or professional fire fighter.
b. Military honors provided at a cemetery on Memorial Day or Veterans Day.
c. Military honors provided at a veterans memorial site.