AB299: Bill Text

Also, current law prohibits any person who is subject to a domestic abuse injunction or a child abuse injunction from possessing a firearm. The prohibition, however, does not apply to a peace officer while he or she is on duty or, if required as a condition of employment, while he or she is off duty. A peace officer who violates the prohibition without being subject to the exemption is guilty of a Class G felony. Under this bill, a peace officer who violates the prohibition without being subject to the exemption is guilty of violating the injunction and, as such, is subject to a fine of up to $1,000 or a term of imprisonment for up to nine months, or both.

For further information see the state and local 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:

AB299, s. 1 Section 1. 813.12 (4m) (a) 1. of the statutes is renumbered 813.12 (4m) (a) 1. a. and amended to read:

AB299,2,4 813.12 (4m) (a) 1. a. Inform Except as provided in subd. 1. b., inform the respondent named in the petition of the requirements and penalties under s. 941.29.

AB299, s. 2 Section 2. 813.12 (4m) (a) 1. b. of the statutes is created to read:

AB299,2,8 813.12 (4m) (a) 1. b. If the respondent is a peace officer, prohibit the respondent from possessing a firearm unless the respondent is on duty, except if the respondent is required as a condition of employment to possess a firearm while off duty.

AB299, s. 3 Section 3. 813.122 (5m) (a) 1. of the statutes is renumbered 813.122 (5m) (a) 1. a. and amended to read:

AB299,2,12 813.122 (5m) (a) 1. a. Inform Except as provided in subd. 1. b., inform the respondent named in the petition of the requirements and penalties under s. 941.29.

AB299, s. 4 Section 4. 813.122 (5m) (a) 1. b. of the statutes is created to read:

AB299,3,2 813.122 (5m) (a) 1. b. If the respondent is a peace officer, prohibit the respondent from possessing a firearm unless the respondent is on duty, except if the respondent is required as a condition of employment to possess a firearm while off duty.

AB299, s. 5 Section 5. 941.29 (10) (a) of the statutes is amended to read:

AB299,3,8 941.29 (10) (a) The person is a peace officer and the person possesses a firearm while in the line of duty or, if required to do so as a condition of employment, while off duty. 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.

AB299, s. 6 Section 6. 948.605 (2) (b) 1m. of the statutes, as created by 2011 Wisconsin Act 35, is amended to read:

AB299,3,12 948.605 (2) (b) 1m. A person who possesses the firearm in accordance with 18 USC 922 (q) (2) (B) (i), (iv), (v), (vi), or (vii).

AB299, s. 7 Section 7. 948.605 (2) (b) 2d. of the statutes is created to read:

AB299,3,16 948.605 (2) (b) 2d. A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

AB299, s. 8 Section 8. 948.605 (2) (b) 2f. and 2h. of the statutes are created to read:

AB299,3,19 948.605 (2) (b) 2f. A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

AB299,3,21 2h. A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

AB299, s. 9 Section 9. 948.605 (3) (b) 4. of the statutes is amended to read:

AB299,3,25 948.605 (3) (b) 4. By a person who is employed in this state by a public agency as a law enforcement officer or and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

AB299,4,1 5. By a state-certified commission warden acting in his or her official capacity.

AB299, s. 10 Section 10. 948.605 (3) (b) 4f. and 4h. of the statutes are created to read:

AB299,4,4 948.605 (3) (b) 4f. By a qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

AB299,4,6 4h. By a former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

AB299, s. 11 Section 11. Effective date.

AB299,4,9 (1) The treatment of section 948.605 (2) (b) 1m., 2d., 2f., and 2h. and (3) (b) 4., 4f., and 4h. of the statutes takes effect on November 1, 2011.

AB299,4,10 (End)