Amendment SSA3-SB403

LRBs0389/1

CMH/MGD/RLR:all:jf

2005 - 2006 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 3, TO 2005 SENATE BILL 403

December 6, 2005 - Offered by Senator Carpenter.

SB403-SSA3,2,7 An Act to renumber and amend 23.33 (3) (e), 29.089 (2), 29.091, 29.621 (4), 440.26 (3m), 941.23, 941.235 (2) and 941.295 (2) (d); to amend 51.20 (13) (cv) 4., 51.20 (16) (gm), 51.30 (3) (a), 165.60, 165.82 (1) (intro.), 165.82 (2), 175.35 (1) (at), 175.35 (2) (d), 175.35 (2g) (c) 4. a. and b., 175.35 (2k) (ar) 2., 813.12 (6) (am) 1., 813.122 (9) (am) 1., 813.125 (5r) (a), 885.235 (1g) (intro.) and 938.396 (8); and to create 23.33 (3) (e) 1., 23.33 (3) (e) 2., 23.33 (3) (e) 3., 23.33 (3) (e) 4., 23.33 (3) (em), 29.089 (2) (a), 29.089 (2) (b), 29.089 (2) (c), 29.089 (2) (d), 29.091 (2), 29.621 (4) (a), 29.621 (4) (b), 29.621 (4) (c), 29.621 (4) (d), 29.621 (6), 55.06 (17) (d), 59.25 (3) (u), 165.25 (11), 167.31 (4) (ar), 175.35 (1) (am), 175.48, 175.49, 175.50, 341.175, 440.26 (3m) (a), 440.26 (3m) (b), 440.26 (3m) (c), 440.26 (3m) (d), 885.235 (1g) (e), 938.396 (8m), 941.23 (1), 941.23 (2) (a), 941.23 (2) (b), 941.23 (2) (c), 941.23 (2) (d), 941.23 (2) (e), 941.23 (3), 941.235 (2) (c), 941.237 (3) (cr), 941.237 (3) (ct), 941.237 (3) (cx), 941.29 (11), 941.295 (2) (d) 2., 941.295 (2g), 941.295 (2r), 946.32 (3), 948.605 (2) (c) and 948.61 (3m) of the statutes; relating to: carrying a concealed weapon, licenses authorizing persons to carry concealed weapons, possessing or transporting a firearm under certain circumstances, background checks for handgun purchases, photographic identification cards for retired law enforcement officers, requiring the exercise of rule-making authority, providing an exemption from rule-making authority, and providing penalties.

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

SB403-SSA3, s. 1 Section 1. 23.33 (3) (e) of the statutes is renumbered 23.33 (3) (e) (intro.) and amended to read:

SB403-SSA3,2,12 23.33 (3) (e) (intro.) With any firearm in his or her possession unless it is unloaded and enclosed in a carrying case, or any bow unless it is unstrung or enclosed in a carrying case. This paragraph does not apply to any of the following:

SB403-SSA3, s. 2 Section 2. 23.33 (3) (e) 1. of the statutes is created to read:

SB403-SSA3,2,15 23.33 (3) (e) 1. A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.

SB403-SSA3, s. 3 Section 3. 23.33 (3) (e) 2. of the statutes is created to read:

SB403-SSA3,2,18 23.33 (3) (e) 2. A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

SB403-SSA3, s. 4 Section 4. 23.33 (3) (e) 3. of the statutes is created to read:

SB403-SSA3,2,21 23.33 (3) (e) 3. A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s. 941.23 (2) (c) 1. to 7. applies.

SB403-SSA3, s. 5 Section 5. 23.33 (3) (e) 4. of the statutes is created to read:

SB403-SSA3,3,2 23.33 (3) (e) 4. A licensee, as defined in s. 175.50 (1) (d), who possesses a handgun, as defined in s. 175.50 (1) (bm).

SB403-SSA3, s. 6 Section 6. 23.33 (3) (em) of the statutes is created to read:

SB403-SSA3,3,4 23.33 (3) (em) With any bow unless it is unstrung or enclosed in a carrying case.

SB403-SSA3, s. 7 Section 7. 29.089 (2) of the statutes is renumbered 29.089 (2) (intro.) and amended to read:

SB403-SSA3,3,10 29.089 (2) (intro.) Except as provided in sub. (3), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to any of the following:

SB403-SSA3, s. 8 Section 8. 29.089 (2) (a) of the statutes is created to read:

SB403-SSA3,3,13 29.089 (2) (a) A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.

SB403-SSA3, s. 9 Section 9. 29.089 (2) (b) of the statutes is created to read:

SB403-SSA3,3,16 29.089 (2) (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

SB403-SSA3, s. 10 Section 10. 29.089 (2) (c) of the statutes is created to read:

SB403-SSA3,3,19 29.089 (2) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), firearm to whom s. 941.23 (2) (c) 1. to 7. applies.

SB403-SSA3, s. 11 Section 11. 29.089 (2) (d) of the statutes is created to read:

SB403-SSA3,3,22 29.089 (2) (d) A licensee, as defined in s. 175.50 (1) (d), if the firearm is a handgun, as defined in s. 175.50 (1) (bm).

SB403-SSA3, s. 12 Section 12. 29.091 of the statutes is renumbered 29.091 (1) and amended to read:

SB403-SSA3,4,8 29.091 (1) No person may hunt or trap within any wildlife refuge established under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words "Wisconsin Wildlife Refuge".

SB403-SSA3, s. 13 Section 13. 29.091 (2) of the statutes is created to read:

SB403-SSA3,4,12 29.091 (2) The prohibition in sub. (1), as it relates to the possession or control of a loaded or unencased gun or firearm within a game refuge established under s. 23.09 (2) (b), does not apply to any of the following:

SB403-SSA3,4,14 (a) A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.

SB403-SSA3,4,16 (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

SB403-SSA3,4,18 (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s. 941.23 (2) (c) 1. to 7. applies.

SB403-SSA3,4,20 (d) A licensee, as defined in s. 175.50 (1) (d), if the gun or firearm is a handgun, as defined in s. 175.50 (1) (bm).

SB403-SSA3, s. 14 Section 14. 29.621 (4) of the statutes is renumbered 29.621 (4) (intro.) and amended to read:

SB403-SSA3,5,6 29.621 (4) Protection. (intro.) Except as provided in s. 29.091 (1), no owner of a wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or have in his or her possession or under his or her control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. Nothing in this section may prohibit, prevent or interfere with the department in the destruction of injurious animals. This subsection, as it relates to the possession or control of a loaded or unencased firearm, does not apply to any of the following:

SB403-SSA3, s. 15 Section 15. 29.621 (4) (a) of the statutes is created to read:

SB403-SSA3,5,9 29.621 (4) (a) A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.

SB403-SSA3, s. 16 Section 16. 29.621 (4) (b) of the statutes is created to read:

SB403-SSA3,5,12 29.621 (4) (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

SB403-SSA3, s. 17 Section 17. 29.621 (4) (c) of the statutes is created to read:

SB403-SSA3,5,15 29.621 (4) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s. 941.23 (2) (c) 1. to 7. applies.

SB403-SSA3, s. 18 Section 18. 29.621 (4) (d) of the statutes is created to read:

SB403-SSA3,5,18 29.621 (4) (d) A licensee, as defined in s. 175.50 (1) (d), if the gun or firearm is a handgun, as defined in s. 175.50 (1) (bm).

SB403-SSA3, s. 19 Section 19. 29.621 (6) of the statutes is created to read:

SB403-SSA3,5,21 29.621 (6) Injurious animals. Nothing in this section may prohibit, prevent, or interfere with the department in the destruction of injurious animals.

SB403-SSA3, s. 20 Section 20. 51.20 (13) (cv) 4. of the statutes is amended to read:

SB403-SSA3,6,7 51.20 (13) (cv) 4. If the court prohibits a subject individual from possessing a firearm under subd. 1. or cancels a prohibition under subd. 2., the court clerk shall notify the department of justice of that fact and provide any information identifying the subject individual that is necessary to permit an accurate involuntary commitment history record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b). No other information from the subject individual's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose information provided under this subdivision only as part of an involuntary commitment history record search under s. 175.35 (2g) (c).