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2011 - 2012 LEGISLATURE
December 7, 2011 - Introduced by Representatives Zepnick and Sinicki. Referred
to Committee on Criminal Justice and Corrections.
AB406,1,4 1An Act to amend 175.60 (2g) (a), 175.60 (5) (a) 6., 938.78 (3) and 943.13 (1m) (c)
22.; and to create 941.236, 943.01 (2) (bm) and 943.20 (3) (d) 2. of the statutes;
3relating to: going armed with a handgun on the premises of a gas station, theft
4from a gas station, causing damage to a gas station, and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits, with certain exceptions, a person from going armed with
a handgun on the grounds of a school; in a police station, sheriff's office, state patrol
station, or the office of a division of criminal investigation special agent of the
department of corrections; in a prison, jail, house of correction, or secured
correctional facility; in certain mental health facilities; in a courthouse; beyond a
security checkpoint in an airport; on certain posted grounds and in certain posted
buildings; and unless the person has a license to carry a concealed weapon, in a school
zone. Under this bill, with certain exceptions, a person is guilty of a felony if he or
she goes armed with a handgun on the premises of a gas station. A person who is
convicted of the felony may be fined up to $10,000, imprisoned for up to three years
and six months, or both.
Under current law, a person who causes damage to another's property is
generally guilty of a misdemeanor. Under this bill, if the property is a gas station,
the person is guilty of a felony and is subject to a fine of up to $10,000, imprisonment
of up to three years and six months, or both. Also, under current law, a person who
commits theft is guilty of a crime and the penalty varies by the value of the property
taken, the victim of the theft, or the circumstances. Under this bill, if the theft is from

a gas station, the person is guilty of a felony and is subject to a fine of up to $10,000,
imprisonment of up to six years, or both.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB406, s. 1 1Section 1. 175.60 (2g) (a) of the statutes, as created by 2011 Wisconsin Act 35,
2is amended to read:
AB406,2,53 175.60 (2g) (a) A licensee or an out-of-state licensee may carry a concealed
4weapon anywhere in this state except as provided under subs. (15m) and (16) and ss.
5941.236, 943.13 (1m) (c), and 948.605 (2) (b) 1r.
AB406, s. 2 6Section 2. 175.60 (5) (a) 6. of the statutes, as created by 2011 Wisconsin Act
735
, is amended to read:
AB406,2,138 175.60 (5) (a) 6. A statement of the places under sub. (16) and s. 941.236 where
9a licensee is prohibited from carrying a weapon, as well as an explanation of the
10provisions under sub. (15m) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r. that could
11limit the places where the licensee may carry a weapon, with a place for the applicant
12to sign his or her name to indicate that he or she has read and understands the
13statement.
AB406, s. 3 14Section 3. 938.78 (3) of the statutes is amended to read:
AB406,3,1615 938.78 (3) Release of information when escape or absence; rules. If a juvenile
16adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
17of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats.,
18or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats.,
19or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.236, 941.237, 941.24,

1941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03,
2943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05,
3948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has
4escaped from a juvenile correctional facility, residential care center for children and
5youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or
6juvenile portion of a county jail, or from the custody of a peace officer or a guard of
7such a facility, center, or jail, or has been allowed to leave a juvenile correctional
8facility, residential care center for children and youth, inpatient facility, juvenile
9detention facility, or juvenile portion of a county jail for a specified time period and
10is absent from the facility, center, home, or jail for more than 12 hours after the
11expiration of the specified period, the department or county department having
12supervision over the juvenile may release the juvenile's name and any information
13about the juvenile that is necessary for the protection of the public or to secure the
14juvenile's return to the facility, center, home, or jail. The department shall
15promulgate rules establishing guidelines for the release of the juvenile's name or
16information about the juvenile to the public.
AB406, s. 4 17Section 4. 941.236 of the statutes is created to read:
AB406,3,19 18941.236 Carrying handgun on premises of a gas station. (1) In this
19section:
AB406,3,2220 (a) "Correctional officer" means any person employed by the state or any
21political subdivision as a guard or officer whose principal duties are the supervision
22and discipline of inmates.
AB406,3,2323 (b) "Encased" has the meaning given in s. 167.31 (1) (b).
AB406,3,2524 (bm) "Gas station" means a business that sells, or offers to sell, gasoline or
25diesel fuel on site at retail.
AB406,4,1
1(c) "Handgun" has the meaning given in s. 175.35 (1) (b).
AB406,4,22 (d) "Private security person" has the meaning given in s. 440.26 (1m) (h).
AB406,4,33 (f) "Unloaded" means any of the following:
AB406,4,54 1. Having no shell or cartridge in the chamber of a handgun or in the magazine
5attached to a handgun.
AB406,4,66 2. For a caplock muzzle-loading handgun, having the cap removed.
AB406,4,87 3. For a flintlock muzzle-loading handgun, having the flashpan cleaned of
8powder.
AB406,4,10 9(2) Whoever intentionally goes armed with a handgun on any premises of a gas
10station is guilty of a Class I felony.
AB406,4,11 11(3) Subsection (2) does not apply to any of the following:
AB406,4,1212 (a) A peace officer.
AB406,4,1413 (am) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1.
14to 7. applies.
AB406,4,1515 (b) A correctional officer while going armed in the line of duty.
AB406,4,1716 (c) A member of the U.S. armed forces or national guard while going armed in
17the line of duty.
AB406,4,1818 (d) A private security person meeting all of the following criteria:
AB406,4,2019 1. The private security person is covered by a license or permit issued under
20s. 440.26.
AB406,4,2121 2. The private security person is going armed in the line of duty.
AB406,4,2322 3. The private security person is acting with the consent of a person specified
23in par. (e).
AB406,4,2524 (e) The owner or manager of the gas station, or any employee or agent
25authorized to possess a handgun by the owner or manager of the gas station.
AB406,5,2
1(f) The possession of a handgun that is unloaded and encased in a vehicle in any
2parking lot area.
AB406,5,5 3(4) The state does not have to negate any exception under sub. (3). Any party
4who claims an exception under sub. (3) is applicable has the burden of proving the
5exception by a preponderance of the evidence.
AB406, s. 5 6Section 5. 943.01 (2) (bm) of the statutes is created to read:
AB406,5,87 943.01 (2) (bm) The property damaged is part of a gas station, as defined in s.
8941.236 (1) (bm).
AB406, s. 6 9Section 6. 943.13 (1m) (c) 2. of the statutes, as created by 2011 Wisconsin Act
1035
, is amended to read:
AB406,5,2211 943.13 (1m) (c) 2. While carrying a firearm, enters or remains in any part of
12a nonresidential building, grounds of a nonresidential building, or land that the actor
13does not own or occupy after the owner of the building, grounds, or land, if that part
14of the building, grounds, or land has not been leased to another person, or the
15occupant of that part of the building, grounds, or land has notified the actor not to
16enter or remain in that part of the building, grounds, or land while carrying a firearm
17or with that type of firearm. This subdivision does not apply to the premises of a gas
18station under s. 941.236,
to a part of a building, grounds, or land occupied by the state
19or by a local governmental unit, to a privately or publicly owned building on the
20grounds of a university or college, or to the grounds of or land owned or occupied by
21a university or college, or, if the firearm is in a vehicle driven or parked in the parking
22facility, to any part of a building, grounds, or land used as a parking facility.
AB406, s. 7 23Section 7. 943.20 (3) (d) 2. of the statutes is created to read:
AB406,5,2524 943.20 (3) (d) 2. The property is taken from a gas station, as defined in s.
25941.236 (1) (bm).
AB406, s. 8
1Section 8. Effective date.
AB406,6,42 (1) The treatment of sections 175.60 (2g) (a), 941.236 (3) (am), and 943.13 (1m)
3(c) 2. of the statutes takes effect on November 1, 2011, or on the day after publication,
4whichever is later.
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