LRBs0288/1
CMH&MGD:wj&cs:jf
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 763
November 8, 2005 - Offered by Representative Gunderson.
AB763-ASA1,2,8
1An Act to renumber and amend 23.33 (3) (e), 29.089 (2), 29.091, 29.621 (4),
2440.26 (3m), 941.23, 941.235 (2) and 943.13 (2);
to amend 51.20 (13) (cv) 4.,
351.20 (16) (gm), 51.30 (3) (a), 165.82 (1) (intro.), 165.82 (2), 175.35 (1) (at),
4175.35 (2) (d), 175.35 (2g) (c) 4. a. and b., 175.35 (2k) (ar) 2., 813.12 (6) (am) 1.,
5813.122 (9) (am) 1., 813.125 (5r) (a), 885.235 (1g) (intro.), 938.396 (8), 941.295
6(2) (d), 943.13 (1m) (b) and 943.13 (3); and
to create 23.33 (3) (e) 1., 23.33 (3)
7(e) 2., 23.33 (3) (e) 3., 23.33 (3) (e) 4., 23.33 (3) (em), 29.089 (2) (a), 29.089 (2) (b),
829.089 (2) (c), 29.089 (2) (d), 29.091 (2), 29.091 (2) (d), 29.621 (4) (a), 29.621 (4)
9(b), 29.621 (4) (c), 29.621 (4) (d), 29.621 (6), 55.06 (17) (d), 59.25 (3) (u), 165.25
10(11), 167.31 (4) (ar), 175.35 (1) (am), 175.48, 175.49, 175.50, 440.26 (3m) (a),
11440.26 (3m) (b), 440.26 (3m) (c), 440.26 (3m) (d), 885.235 (1g) (e), 938.396 (8m),
12941.23 (1), 941.23 (2) (a), 941.23 (2) (b), 941.23 (2) (c), 941.23 (2) (d), 941.23 (2)
13(e), 941.23 (3), 941.235 (2) (c), 941.235 (2) (d), 941.235 (2) (e), 941.237 (3) (cr),
1941.237 (3) (ct), 941.237 (3) (cx), 941.29 (11), 941.295 (2g), 941.295 (2r), 943.13
2(1e) (bm), 943.13 (1e) (g), 943.13 (1m) (c), 943.13 (2) (bm), 946.32 (3), 948.605
3(2) (c) and 948.61 (3m) of the statutes;
relating to: carrying a concealed
4weapon, possessing or transporting a firearm under certain circumstances,
5background checks for handgun purchases, photographic identification cards
6for retired law enforcement officers, requiring the exercise of rule-making
7authority, providing an exemption from rule-making authority, and providing
8penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB763-ASA1, s. 1
9Section
1. 23.33 (3) (e) of the statutes is renumbered 23.33 (3) (e) (intro.) and
10amended to read:
AB763-ASA1,2,1311
23.33
(3) (e) (intro.) With any firearm in his or her possession unless it is
12unloaded and enclosed in a carrying case
, or any bow unless it is unstrung or enclosed
13in a carrying case.
This paragraph does not apply to any of the following:
AB763-ASA1, s. 2
14Section
2. 23.33 (3) (e) 1. of the statutes is created to read:
AB763-ASA1,2,1615
23.33
(3) (e) 1. A person who is employed in this state by a public agency as a
16law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
AB763-ASA1, s. 3
17Section
3. 23.33 (3) (e) 2. of the statutes is created to read:
AB763-ASA1,2,1918
23.33
(3) (e) 2. A qualified out-of-state law enforcement officer, as defined in
19s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763-ASA1, s. 4
20Section
4. 23.33 (3) (e) 3. of the statutes is created to read:
AB763-ASA1,2,2221
23.33
(3) (e) 3. A retired law enforcement officer, as defined in s. 941.23 (1) (f),
22to whom s. 941.23 (2) (c) 1. to 7. applies.
AB763-ASA1, s. 5
23Section
5. 23.33 (3) (e) 4. of the statutes is created to read:
AB763-ASA1,3,3
123.33
(3) (e) 4. A licensee, as defined in s. 175.50 (1) (d) or an out-of-state
2licensee, as defined in s. 175.50 (1) (g), who possesses a handgun, as defined in s.
3175.50 (1) (bm).
AB763-ASA1,3,55
23.33
(3) (em) With any bow unless it is unstrung or enclosed in a carrying case.
AB763-ASA1, s. 7
6Section
7. 29.089 (2) of the statutes is renumbered 29.089 (2) (intro.) and
7amended to read:
AB763-ASA1,3,118
29.089
(2) (intro.) Except as provided in sub. (3), no person may have in his or
9her possession or under his or her control a firearm on land located in state parks or
10state fish hatcheries unless the firearm is unloaded and enclosed within a carrying
11case.
This subsection does not apply to any of the following:
AB763-ASA1, s. 8
12Section
8. 29.089 (2) (a) of the statutes is created to read:
AB763-ASA1,3,1413
29.089
(2) (a) A person who is employed in this state by a public agency as a
14law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
AB763-ASA1, s. 9
15Section
9. 29.089 (2) (b) of the statutes is created to read:
AB763-ASA1,3,1716
29.089
(2) (b) A qualified out-of-state law enforcement officer, as defined in s.
17941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763-ASA1,3,2019
29.089
(2) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f),
20firearm to whom s. 941.23 (2) (c) 1. to 7. applies.
AB763-ASA1,3,2422
29.089
(2) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
23licensee, as defined in s. 175.50 (1) (g), if the firearm is a handgun, as defined in s.
24175.50 (1) (bm).
AB763-ASA1, s. 12
1Section
12. 29.091 of the statutes is renumbered 29.091 (1) and amended to
2read:
AB763-ASA1,4,103
29.091
(1) No person may hunt or trap within any wildlife refuge established
4under s. 23.09 (2) (b) or 29.621
(1), or
, except as provided in sub. (2), have possession
5or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded,
6the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
7within a carrying case. The taking of predatory game birds and animals shall be done
8as the department directs. All state wildlife refuge boundary lines shall be marked
9by posts placed at intervals of not over 500 feet and bearing signs with the words
10"Wisconsin Wildlife Refuge".
AB763-ASA1,4,1412
29.091
(2) The prohibition in sub. (1), as it relates to the possession or control
13of a loaded or unencased gun or firearm within a game refuge established under s.
1423.09 (2) (b), does not apply to any of the following:
AB763-ASA1,4,1615
(a) A person who is employed in this state by a public agency as a law
16enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
AB763-ASA1,4,1817
(b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1)
18(e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763-ASA1,4,2019
(c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s.
20941.23 (2) (c) 1. to 7. applies.
AB763-ASA1,4,2422
29.091
(2) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
23licensee, as defined in s. 175.50 (1) (g), if the gun or firearm is a handgun, as defined
24in s. 175.50 (1) (bm).
AB763-ASA1, s. 15
1Section
15. 29.621 (4) of the statutes is renumbered 29.621 (4) (intro.) and
2amended to read:
AB763-ASA1,5,113
29.621
(4) Protection. (intro.) Except as provided in s. 29.091
(1), no owner
4of a wildlife refuge, and no other person, may hunt or trap within the boundaries of
5any wildlife refuge or have in his or her possession or under his or her control in the
6wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded,
7the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
8within a carrying case.
Nothing in this section may prohibit, prevent or interfere
9with the department in the destruction of injurious animals.
This subsection, as it
10relates to the possession or control of a loaded or unencased firearm, does not apply
11to any of the following:
AB763-ASA1,5,1413
29.621
(4) (a) A person who is employed in this state by a public agency as a
14law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
AB763-ASA1,5,1716
29.621
(4) (b) A qualified out-of-state law enforcement officer, as defined in s.
17941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763-ASA1,5,2019
29.621
(4) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f),
20to whom s. 941.23 (2) (c) 1. to 7. applies.
AB763-ASA1,5,2422
29.621
(4) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
23licensee, as defined in s. 175.50 (1) (g), if the gun or firearm is a handgun, as defined
24in s. 175.50 (1) (bm).
AB763-ASA1,6,2
129.621
(6) Injurious animals. Nothing in this section may prohibit, prevent,
2or interfere with the department in the destruction of injurious animals.
AB763-ASA1, s. 21
3Section
21. 51.20 (13) (cv) 4. of the statutes is amended to read:
