SB102: Bill Text

LRB-1403/2

CMH:kjf:rs

2013 - 2014 LEGISLATURE

2013 Senate BILL 102

March 22, 2013 - Introduced by Senators Risser, Lehman and T. Cullen, cosponsored by Representatives Sargent, Pasch, Barnes, Ohnstad, Hebl, Berceau, Sinicki and Pope. Referred to Committee on Transportation, Public Safety, and Veterans and Military Affairs.

SB102,1,5 An Act to renumber 941.235 (2) (c), (d) and (e); to renumber and amend 941.235 (1); to consolidate, renumber and amend 941.235 (2) (intro.) and (a); to amend 175.60 (2g) (a), 175.60 (5) (a) 6. and 943.13 (1m) (c) 4.; and to create 941.235 (1) (b) and 941.235 (2) (b) (intro.) of the statutes; relating to: prohibition against carrying firearms in the capitol.

Analysis by the Legislative Reference Bureau

Under current law, with several exceptions, an individual who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor. Law enforcement officers, former law enforcement officers, members of the armed forces who go armed in the line of duty, and individuals with a license to carry a concealed weapon are exempted from this general prohibition, but the state or a local government may, with proper notice, prevent individuals from going armed with a firearm in a building that is owned, occupied, or controlled by the state or the local government. A person who violates the prohibition is guilty of a Class B forfeiture.

This bill prohibits anyone, except on-duty law enforcement officers and armed forces who go armed in the line of duty, from going armed with a firearm in the state capitol. A person who violates the provision is guilty of a Class A misdemeanor.

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:

SB102,1 Section 1. 175.60 (2g) (a) of the statutes is amended to read:

SB102,2,4 175.60 (2g) (a) A licensee or an out-of-state licensee may carry a concealed weapon anywhere in this state except as provided under subs. (15m) and (16) and ss. 941.235 (1) (b), 943.13 (1m) (c), and 948.605 (2) (b) 1r.

SB102,2 Section 2. 175.60 (5) (a) 6. of the statutes is amended to read:

SB102,2,11 175.60 (5) (a) 6. A statement of the places under sub. (16) and s. 941.235 (1) (b) where a licensee is prohibited from carrying a weapon, as well as an explanation of the provisions under sub. (15m) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r. that could limit the places where the licensee may carry a weapon, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

SB102,3 Section 3. 941.235 (1) of the statutes is renumbered 941.235 (1) (a) and amended to read:

SB102,2,16 941.235 (1) (a) Any person who goes armed with a firearm in any building, except the state capitol, owned or leased by the state or in any building owned or leased by any political subdivision of the state is guilty of a Class A misdemeanor.

SB102,4 Section 4. 941.235 (1) (b) of the statutes is created to read:

SB102,2,19 941.235 (1) (b) Any person who goes armed with a firearm in the capitol building is guilty of a Class A misdemeanor.

SB102,5 Section 5. 941.235 (2) (intro.) and (a) of the statutes are consolidated, renumbered 941.235 (2) (am) and amended to read:

SB102,3,7 941.235 (2) (am) This section Subsection (1) does not apply to any of the following: (a) Peace peace officers or who go armed while on official duty, armed forces or military personnel who go armed in the line of duty, or to 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). Notwithstanding s. 939.22 (22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.

SB102,6 Section 6. 941.235 (2) (b) (intro.) of the statutes is created to read:

SB102,3,9 941.235 (2) (b) (intro.) Subsection (1) (a) does not apply to any of the following:

SB102,7 Section 7. 941.235 (2) (c), (d) and (e) of the statutes are renumbered 941.235 (2) (b) 1., 2. and 3.

SB102,8 Section 8. 943.13 (1m) (c) 4. of the statutes is amended to read:

SB102,3,20 943.13 (1m) (c) 4. Enters While carrying a firearm, enters or remains in any part of a building that is owned, occupied, or controlled by the state , except the capitol building, or by any local governmental unit, excluding any building or portion of a building under s. 175.60 (16) (a), if the state or local governmental unit has notified the actor not to enter or remain in the building while carrying a firearm or with that type of firearm. This subdivision does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.

SB102,3,21 (End)