Feed for /2011/related/proposals/sb228 PDF
LRB-1965/6
MGG:cjs&wlj:ph
2011 - 2012 LEGISLATURE
October 12, 2011 - Introduced by Senators Moulton, Holperin, Kedzie, Galloway
and Lazich, cosponsored by Representatives Krug, Spanbauer, Bernier,
Jacque, Endsley, Ripp, Kleefisch, Rivard, Stroebel, Tauchen, Mursau, Craig

and Radcliffe. Referred to Committee on Natural Resources and
Environment.
SB228,1,6 1An Act to renumber and amend 23.33 (3) (e), 167.31 (2) (a) and 167.31 (2) (b);
2to amend 23.33 (11p) (e) 2., 167.31 (2) (c) and 167.31 (3) (a) 2.; and to create
323.33 (3) (eg), 23.33 (3) (er), 23.33 (3c) (title), 23.33 (3c) (b), 167.31 (1) (cm),
4167.31 (1) (fg), 167.31 (2) (a) 3., 167.31 (2) (b) 3. and 167.31 (4) (ag) of the
5statutes; relating to: placing, possessing, or transporting a firearm, bow, or
6crossbow in or on a vehicle or in or on a motorboat.
Analysis by the Legislative Reference Bureau
Under current law, with some exceptions, no person may place, possess, or
transport a firearm in or on a vehicle unless the firearm is encased and unloaded.
Under the bill, the firearm may be outside a case but must be unloaded. The bill
allows a person to place or possess such a firearm that is loaded on a vehicle if the
vehicle is stationary. The bill also defines "stationary," when referring to a vehicle,
to include a vehicle with the motor running, if the vehicle is not moving. Under the
bill, this definition also applies to stationary vehicles used by persons hunting with
disabled hunter permits.
Under current law, no person may operate an all-terrain vehicle (ATV) with a
firearm, other than a handgun, in his or her possession unless the firearm is
unloaded and encased. Under the bill, the firearm may be outside a case but must
be unloaded.
Under current law, with some exceptions, no person may place, possess, or
transport a bow or crossbow in or on a motorboat or a vehicle unless the bow or

crossbow is unstrung or is encased. Under the bill, the bow or crossbow may be
strung and outside a case, but a bow may not have an arrow nocked and a crossbow
may not be cocked.
Under current law no person may operate an ATV with a bow in his or her
possession unless the bow is unstrung or encased. The bill expands this provision
to specifically include crossbows. Under the bill, a bow or crossbow may be strung
and outside a case, but a bow may not have an arrow nocked and a crossbow may not
be cocked.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB228, s. 1 1Section 1. 23.33 (3) (e) of the statutes, as affected by 2011 Wisconsin Act 35,
2is renumbered 23.33 (3c) (a) and amended to read:
SB228,2,63 23.33 (3c) (a) With No person may operate an all-terrain vehicle with any
4firearm in his or her possession unless it the firearm is unloaded and enclosed in a
5carrying case
or unless the firearm is a handgun, as defined in s. 175.60 (1) (bm), or
6any bow unless it is unstrung or enclosed in a carrying case
.
SB228, s. 2 7Section 2. 23.33 (3) (eg) of the statutes is created to read:
SB228,2,98 23.33 (3) (eg) With any crossbow in his or her possession unless the crossbow
9is uncocked.
SB228, s. 3 10Section 3. 23.33 (3) (er) of the statutes is created to read:
SB228,2,1211 23.33 (3) (er) With any bow in his or her possession unless the bow does not
12have an arrow nocked.
SB228, s. 4 13Section 4. 23.33 (3c) (title) of the statutes is created to read:
SB228,2,1414 23.33 (3c) (title) Operation with firearms.
SB228, s. 5 15Section 5. 23.33 (3c) (b) of the statutes is created to read:
SB228,2,1716 23.33 (3c) (b) Paragraph (a) does not apply to a firearm that is placed or
17possessed on an all-terrain vehicle that is stationary, as defined in s. 167.31 (1) (fg).
SB228, s. 6 18Section 6. 23.33 (11p) (e) 2. of the statutes is amended to read:
SB228,3,2
123.33 (11p) (e) 2. Subsections (3), (3c), (3g), (4), (4c) to (4x), (6), (7), (10), (12),
2and (13).
SB228, s. 7 3Section 7. 167.31 (1) (cm) of the statutes is created to read:
SB228,3,44 167.31 (1) (cm) "Handgun" has the meaning given in s. 175.60 (1) (bm).
SB228, s. 8 5Section 8. 167.31 (1) (fg) of the statutes is created to read:
SB228,3,76 167.31 (1) (fg) "Stationary" means not moving, regardless of whether the motor
7is running.
SB228, s. 9 8Section 9. 167.31 (2) (a) of the statutes, as affected by 2011 Wisconsin Act 35,
9is renumbered 167.31 (2) (a) (intro.) and amended to read:
SB228,3,1210 167.31 (2) (a) (intro.) Except as provided in sub. (4), no person may place,
11possess, or transport a firearm, bow, or crossbow in or on a motorboat with the motor
12running, unless the one of the following applies:
SB228,3,14 131. The firearm is unloaded or is a handgun, as defined in s. 175.60 (1) (bm),
14unless the firearm is unloaded, or unless the
.
SB228,3,16 152. The bow or crossbow is unstrung or is enclosed in a carrying case does not
16have an arrow nocked
.
SB228, s. 10 17Section 10. 167.31 (2) (a) 3. of the statutes is created to read:
SB228,3,1818 167.31 (2) (a) 3. The crossbow is not cocked.
SB228, s. 11 19Section 11. 167.31 (2) (b) of the statutes, as affected by 2011 Wisconsin Act 35,
20is renumbered 167.31 (2) (b) (intro.) and amended to read:
SB228,3,2321 167.31 (2) (b) (intro.) Except as provided in sub. (4), no person may place,
22possess, or transport a firearm, bow, or crossbow in or on a vehicle, unless the one of
23the following applies:
SB228,3,25 241. The firearm is unloaded or is a handgun, as defined in s. 175.60 (1) (bm),
25unless the firearm is unloaded and encased, or unless the
.
SB228,4,2
12. The bow or crossbow is unstrung or is enclosed in a carrying case does not
2have an arrow nocked
.
SB228, s. 12 3Section 12. 167.31 (2) (b) 3. of the statutes is created to read:
SB228,4,44 167.31 (2) (b) 3. The crossbow is not cocked.
SB228, s. 13 5Section 13. 167.31 (2) (c) of the statutes, as affected by 2011 Wisconsin Act 35,
6is amended to read:
SB228,4,97 167.31 (2) (c) Except as provided in sub. (4), no person may load a firearm, other
8than a handgun, as defined in s. 175.60 (1) (bm), in a vehicle or discharge a firearm
9or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
SB228, s. 14 10Section 14. 167.31 (3) (a) 2. of the statutes, as created by 2011 Wisconsin Act
1135
, is amended to read:
SB228,4,1512 167.31 (3) (a) 2. Place, possess, or transport a firearm, bow, or crossbow in or
13on a noncommercial aircraft, unless the firearm is unloaded and encased or the
14firearm is a handgun, as defined in s. 175.60 (1) (bm), or unless the bow or crossbow
15is unstrung or is enclosed in a carrying case.
SB228, s. 15 16Section 15. 167.31 (4) (ag) of the statutes is created to read:
SB228,4,1817 167.31 (4) (ag) Subsection (2) (b) 1. does not apply to a firearm that is placed
18or possessed on a vehicle that is stationary.
SB228, s. 16 19Section 16. Effective date.
SB228,4,2120 (1) This act takes effect on November 1, 2011, or on the day after publication,
21whichever is later.
SB228,4,2222 (End)
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