1999 - 2000 LEGISLATURE
March 8, 1999 - Introduced by Representatives Kreuser, Kaufert, Nass, Kedzie,
Plale, Steinbrink, Hasenohrl and Ryba, cosponsored by Senators Wirch,
Erpenbach, Zien and
Drzewiecki. Referred to Committee on Urban and Local
Affairs.
AB174,1,4
1An Act to repeal 167.31 (4) (a) 1. and 941.20 (3) (b) 1. a., b. and c.;
to renumber
2and amend 941.20 (3) (b) 1. (intro.) and 941.235 (2);
to amend 167.31 (2) (d);
3and
to create 167.31 (4) (am) and 941.20 (3) (b) 1m. of the statutes;
relating
4to: exceptions for peace officers to certain prohibitions relating to firearms.
Analysis by the Legislative Reference Bureau
Current law provides for various prohibitions relating to the possession,
carrying and use of firearms. Among these prohibitions are the following:
1. No person may place, possess or transport a firearm in or on a vehicle,
motorboat or aircraft unless the firearm is unloaded and encased.
2. No person may load or discharge a firearm in, on or from a vehicle, motorboat
or aircraft or from or across a highway or within 50 feet of the center of a roadway.
In addition, more severe penalties apply if a person discharges a firearm from a
vehicle while on a highway or in a public parking lot and the firearm is discharged
at or toward another or at or toward any building or other vehicle.
3. No person may carry a firearm in a building owned or leased by the state or
any political subdivision of the state.
These listed prohibitions do not apply to a peace officer who is acting in the line
of duty. This bill provides that these prohibitions do not apply to a peace officer at
any time, regardless of whether the peace officer is acting in the line of duty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB174, s. 1
1Section
1. 167.31 (2) (d) of the statutes is amended to read:
AB174,2,42
167.31
(2) (d) Except as provided in sub. (4) (a),
(am), (cg) and (e), no person may
3discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across
4a highway or within 50 feet of the center of a roadway.
AB174, s. 2
5Section
2. 167.31 (4) (a) 1. of the statutes is repealed.
AB174, s. 3
6Section
3. 167.31 (4) (am) of the statutes is created to read:
AB174,2,107
167.31
(4) (am) Subsections (2) and (3) do not apply to a peace officer, as defined
8in s. 939.22 (22), who places, possesses, transports, loads or discharges a firearm in,
9on or from a vehicle, motorboat or aircraft or who discharges a firearm from or across
10a highway or within 50 feet of the center of a roadway.
AB174, s. 4
11Section
4. 941.20 (3) (b) 1. (intro.) of the statutes is renumbered 941.20 (3) (b)
121. and amended to read:
AB174,2,1513
941.20
(3) (b) 1. Paragraph (a) does not apply to
any of the following a member
14of the U.S. armed forces or national guard who, in the line of duty, discharges a
15firearm from a vehicle
:.
AB174, s. 5
16Section
5. 941.20 (3) (b) 1. a., b. and c. of the statutes are repealed.
AB174, s. 6
17Section
6. 941.20 (3) (b) 1m. of the statutes is created to read:
AB174,2,1918
941.20
(3) (b) 1m. Paragraph (a) does not apply to a peace officer who
19discharges a firearm from a vehicle.
AB174, s. 7
1Section
7. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and
2amended to read:
AB174,3,43
941.235
(2) (intro.)
This section
Subsection (1) does not apply to
peace any of
4the following:
AB174,3,5
5(a) Peace officers
or armed.
AB174,3,7
6(b) Armed forces or military personnel who go armed in the line of duty
or to
7any.
AB174,3,10
8(c) Any person duly authorized by the chief of police of any city, village or town,
9the chief of the capitol police or the sheriff of any county to possess a firearm in any
10building under sub. (1).
AB174,3,1412
(1) This act first applies to the placement, possession, transportation, loading
13or discharging of a firearm, and to going armed with a firearm, that occurs on the
14effective date of this subsection.
