AB529: Bill Text

LRB-2922/2

MGD:jld:jf

2001 - 2002 LEGISLATURE

2001 Assembly BILL 529

October 8, 2001 - Introduced by Representatives Musser, Pettis, Suder, Nass, Kaufert, Bies, Gunderson, Owens, Sykora, Grothman and Huebsch. Referred to Committee on Criminal Justice.

AB529,1,3 An Act to renumber and amend 941.23 and 941.235 (2); and to create 941.23 (1), 941.235 (2) (b) and 941.237 (3) (am) of the statutes; relating to: retired peace officers carrying a weapon.

Analysis by the Legislative Reference Bureau

Current law contains a number of prohibitions relating to carrying weapons. First, current law prohibits a person from carrying a concealed and dangerous weapon. A person who violates this prohibition may be fined not more than $10,000 or imprisoned for not more than nine months or both. Second, current law prohibits a person from going armed with a firearm in a government building. A person who violates this prohibition may be fined not more than $1,000 or imprisoned for not more than 90 days or both. Third, current law generally prohibits a person from intentionally going armed with a handgun in a tavern or a restaurant with a liquor license. A person who violates this prohibition may be fined not more than $10,000 or imprisoned for not more than nine months or both. None of these prohibitions, however, apply to a peace officer, which is a person vested by law with a duty to maintain public order to make arrests for crime.

This bill exempts retired peace officers from the coverage of the prohibitions described above. The bill defines a "retired peace officer" as a person who has retired from active service as a peace officer and who, immediately upon retirement from active service, qualified for a pension based at least in part on his or her service as a peace officer.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB529, s. 1 Section 1. 941.23 of the statutes is renumbered 941.23 (2) and amended to read:

AB529,2,4 941.23 (2) Any person except a peace officer or a retired peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.

AB529, s. 2 Section 2. 941.23 (1) of the statutes is created to read:

AB529,2,10 941.23 (1) In this section, "retired peace officer" means a person who has retired from active service as a peace officer and who, immediately upon retirement from active service, qualified for an annuity under the Wisconsin retirement system, the retirement system of any 1st class city, or any retirement system established under chapter 201, laws of 1937.

AB529, s. 3 Section 3. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and amended to read:

AB529,2,13 941.235 (2) (intro.) This section does not apply to any of the following:

AB529,2,14 (a) A peace officers or armed officer.

AB529,2,15 (c) Armed forces or military personnel who go armed in the line of duty or to any.

AB529,2,18 (d) Any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police or the sheriff of any county to possess a firearm in any building under sub. (1).

AB529, s. 4 Section 4. 941.235 (2) (b) of the statutes is created to read:

AB529,2,20 941.235 (2) (b) A retired peace officer, as defined in s. 941.23 (1).

AB529, s. 5 Section 5. 941.237 (3) (am) of the statutes is created to read:

AB529,3,1 941.237 (3) (am) A retired peace officer, as defined in s. 941.23 (1).

AB529,3,2 (End)