LRB-5666/1
CMH:emw&wlj
2017 - 2018 LEGISLATURE
March 22, 2018 - Introduced by Representatives Considine, C. Taylor, Hebl,
Brostoff, Zepnick, Kolste, Subeck, Spreitzer, Crowley, Sinicki, Berceau
and Sargent, cosponsored by Senators Johnson, Miller, Erpenbach and
Risser. Referred to Committee on Criminal Justice and Public Safety.
AB1052,1,4 1An Act to amend 938.78 (3) and 941.29 (1g) (b); and to create 941.293 of the
2statutes; relating to: banning detachable or fixed magazines that have a
3capacity of more than ten rounds of ammunition and providing a criminal
4penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits a person from selling, transporting, purchasing,
transferring, lending, pledging, distributing, importing, possessing, manufacturing,
or using a detachable or fixed magazine that has a capacity of more than ten rounds
of ammunition for a firearm except that a person who possessed such a magazine
before the effective date of the bill may transport or possess the magazine without
violating the prohibition. A person who violates the prohibition is guilty of a Class
A misdemeanor.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1052,1 5Section 1. 938.78 (3) of the statutes is amended to read:
AB1052,2,196 938.78 (3) Release of information when escape or absence; rules. If a juvenile
7adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need

1of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats.,
2or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats.,
3or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.26,
4941.28, 941.293, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03,
5943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05,
6948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has
7escaped from a juvenile correctional facility, residential care center for children and
8youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or
9juvenile portion of a county jail, or from the custody of a peace officer or a guard of
10such a facility, center, or jail, or has been allowed to leave a juvenile correctional
11facility, residential care center for children and youth, inpatient facility, juvenile
12detention facility, or juvenile portion of a county jail for a specified time period and
13is absent from the facility, center, home, or jail for more than 12 hours after the
14expiration of the specified period, the department of corrections or county
15department, whichever has supervision over the juvenile, may release the juvenile's
16name and any information about the juvenile that is necessary for the protection of
17the public or to secure the juvenile's return to the facility, center, home, or jail. The
18department of corrections shall promulgate rules establishing guidelines for the
19release of the juvenile's name or information about the juvenile to the public.
AB1052,2 20Section 2. 941.29 (1g) (b) of the statutes is amended to read:
AB1052,2,2421 941.29 (1g) (b) “Violent misdemeanor" means a violation of s. 813.12, 813.122,
22813.125, 940.19 (1), 940.195, 940.42, 940.44, 941.20 (1), 941.26, 941.293, 941.38 (3),
23941.39, 947.013, 948.55, 951.02, 951.08, 951.09, or 951.095 or a violation to which a
24penalty specified in s. 939.63 (1) is applied.
AB1052,3 25Section 3. 941.293 of the statutes is created to read:
AB1052,3,4
1941.293 Firearms; magazine capacity. (1) In this section, “large capacity
2magazine” means a magazine, whether fixed or detachable, that has a capacity of
3more than 10 rounds of ammunition for a firearm. “Large capacity magazine” does
4not include any of the following:
AB1052,3,65 (a) A feeding device that has been permanently altered so that it cannot
6accommodate more than 10 rounds.
AB1052,3,77 (b) A .22 caliber tube ammunition feeding device.
AB1052,3,88 (c) A tubular magazine that is contained in a lever-action firearm.
AB1052,3,99 (d) A magazine that is permanently inoperable.
AB1052,3,10 10(2) Whoever does any of the following is guilty of a Class A misdemeanor:
AB1052,3,1311 (a) Sells, transports, purchases, transfers, lends, pledges, distributes, imports,
12possesses, or manufactures, including fabricating or assembling from a combination
13of parts to be fully functional, a large capacity magazine.
AB1052,3,1414 (b) Uses a large capacity magazine.
AB1052,3,17 15(3) Any person who, prior to the effective date of this subsection .... [LRB inserts
16date], possesses a large capacity magazine may sell the large capacity magazine to
17the department of justice using a process the department of justice develops.
AB1052,3,19 18(4) (a) The prohibition under sub. (2) (a) on transporting, transferring, lending,
19or possessing a large capacity magazine does not apply to any of the following:
AB1052,3,2020 1. A law enforcement officer in the course and scope of his or her duties.
AB1052,3,2221 2. Any armed forces or national guard personnel in the course and scope of his
22or her duties.
AB1052,3,2523 (b) The prohibition under sub. (2) (a) on transporting or possessing a large
24capacity magazine does not apply to any person who possessed the large capacity
25magazine prior to the effective date of this paragraph .... [LRB inserts date].
AB1052,4,2
1(c) The prohibition under sub. (2) (b) on using a large capacity magazine does
2not apply to any of the following:
AB1052,4,33 1. A law enforcement officer in the course and scope of his or her duties.
AB1052,4,54 2. Any armed forces or national guard personnel in the course and scope of his
5or her duties.
AB1052,4 6Section 4. Effective date.
AB1052,4,87 (1) This act takes effect on the first day of the 7th month beginning after
8publication.
AB1052,4,99 (End)
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