2011 - 2012 LEGISLATURE
December 7, 2011 - Introduced by Representatives Zepnick and Sinicki. Referred
to Committee on Criminal Justice and Corrections.
1An Act to amend
175.60 (2g) (a), 175.60 (5) (a) 6., 938.78 (3) and 943.13 (1m) (c) 2
2.; 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:
(a) A licensee or an out-of-state licensee may carry a concealed 4
weapon 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.
(a) 6. A statement of the places under sub. (16) and s. 941.236
a licensee is prohibited from carrying a weapon, as well as an explanation of the 10
provisions under sub. (15m) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r. that could 11
limit the places where the licensee may carry a weapon, with a place for the applicant 12
to sign his or her name to indicate that he or she has read and understands the 13
AB406, s. 3
938.78 (3) of the statutes is amended to read:
938.78 (3) Release of information when escape or absence; rules.
If a juvenile 16
adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need 17
of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., 18
or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., 19
or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.236,
941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 2
943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 3
948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has 4
escaped from a juvenile correctional facility, residential care center for children and 5
youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or 6
juvenile portion of a county jail, or from the custody of a peace officer or a guard of 7
such a facility, center, or jail, or has been allowed to leave a juvenile correctional 8
facility, residential care center for children and youth, inpatient facility, juvenile 9
detention facility, or juvenile portion of a county jail for a specified time period and 10
is absent from the facility, center, home, or jail for more than 12 hours after the 11
expiration of the specified period, the department or county department having 12
supervision over the juvenile may release the juvenile's name and any information 13
about the juvenile that is necessary for the protection of the public or to secure the 14
juvenile's return to the facility, center, home, or jail. The department shall 15
promulgate rules establishing guidelines for the release of the juvenile's name or 16
information about the juvenile to the public.
AB406, s. 4
941.236 of the statutes is created to read:
18941.236 Carrying handgun on premises of a gas station. (1)
In this 19
(a) "Correctional officer" means any person employed by the state or any 21
political subdivision as a guard or officer whose principal duties are the supervision 22
and discipline of inmates.
(b) "Encased" has the meaning given in s. 167.31 (1) (b).
(bm) "Gas station" means a business that sells, or offers to sell, gasoline or 25
diesel fuel on site at retail.
(c) "Handgun" has the meaning given in s. 175.35 (1) (b).
(d) "Private security person" has the meaning given in s. 440.26 (1m) (h).
(f) "Unloaded" means any of the following:
1. Having no shell or cartridge in the chamber of a handgun or in the magazine 5
attached to a handgun.
2. For a caplock muzzle-loading handgun, having the cap removed.
3. For a flintlock muzzle-loading handgun, having the flashpan cleaned of 8
Whoever intentionally goes armed with a handgun on any premises of a gas 10
station is guilty of a Class I felony.
Subsection (2) does not apply to any of the following:
(a) A peace officer.
(am) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. 14
to 7. applies.
(b) A correctional officer while going armed in the line of duty.
(c) A member of the U.S. armed forces or national guard while going armed in 17
the line of duty.
(d) A private security person meeting all of the following criteria:
1. The private security person is covered by a license or permit issued under 20
2. The private security person is going armed in the line of duty.
3. The private security person is acting with the consent of a person specified 23
in par. (e).
(e) The owner or manager of the gas station, or any employee or agent 25
authorized to possess a handgun by the owner or manager of the gas station.
(f) The possession of a handgun that is unloaded and encased in a vehicle in any 2
parking lot area.
The state does not have to negate any exception under sub. (3). Any party 4
who claims an exception under sub. (3) is applicable has the burden of proving the 5
exception by a preponderance of the evidence.
AB406, s. 5
943.01 (2) (bm) of the statutes is created to read:
(bm) The property damaged is part of a gas station, as defined in s. 8
941.236 (1) (bm).
(c) 2. While carrying a firearm, enters or remains in any part of 12
a nonresidential building, grounds of a nonresidential building, or land that the actor 13
does not own or occupy after the owner of the building, grounds, or land, if that part 14
of the building, grounds, or land has not been leased to another person, or the 15
occupant of that part of the building, grounds, or land has notified the actor not to 16
enter or remain in that part of the building, grounds, or land while carrying a firearm 17
or 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 19
or by a local governmental unit, to a privately or publicly owned building on the 20
grounds of a university or college, or to the grounds of or land owned or occupied by 21
a university or college, or, if the firearm is in a vehicle driven or parked in the parking 22
facility, to any part of a building, grounds, or land used as a parking facility.
AB406, s. 7
943.20 (3) (d) 2. of the statutes is created to read:
(d) 2. The property is taken from a gas station, as defined in s. 25
941.236 (1) (bm).
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, 4
whichever is later.