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2011 - 2012 LEGISLATURE
May 10, 2011 - Introduced by Senators Galloway, Grothman, Kedzie, Lazich,
Leibham, Moulton, Holperin, Vukmir
and Zipperer, cosponsored by
Representatives Mursau, Kleefisch, August, Farrow, Kapenga, Kerkman,
Kestell, Knilans, Knudson, Kooyenga, Kramer, Krug, Kuglitsch, T. Larson,
LeMahieu, Murtha, Nass, Rivard, Severson, Strachota, Tauchen, Thiesfeldt

and Wynn. Referred to Committee on Judiciary, Utilities, Commerce, and
Government Operations.
SB93,2,5 1An Act to repeal 23.33 (3) (e), 165.81 (2), 167.31 (1) (b), 167.31 (1) (g), 167.31 (2)
2(a), 167.31 (2) (b), 167.31 (4) (am) 2. and 3., 167.31 (4) (bg), (bn) and (bt), 167.31
3(4) (cm) and (d), 941.23, 941.235, 941.237, 941.295, 948.605 (1) (a) and (am),
4948.605 (2) (b) 1. to 5. and 7. and 973.137 (1); to renumber 29.091, 29.621 (4),
5167.30, 943.13 (1e) (a) and 947.01; to renumber and amend 167.31 (4) (am)
61. and 943.13 (2); to amend 29.089 (2), 29.314 (3) (a), 29.314 (4) (a), 48.685 (2)
7(bb), 50.065 (2) (bb), 59.54 (6), 66.0409 (3) (b), 110.07 (1) (a) 1., 110.07 (1) (a) 3.,
8110.07 (1) (b), 167.31 (2) (c), 167.31 (2) (d), 167.31 (2) (e), 167.31 (3) (title), 167.31
9(3) (a), 167.31 (3) (b), 167.31 (4) (a), 167.31 (4) (b), 167.31 (4) (c), 167.31 (4) (f),
10345.11 (1s), 345.20 (2) (f), 895.527 (5) (a), 938.34 (14q), 938.78 (3), 939.22 (10),
11939.632 (1) (e) 3., 941.299 (1) (a), 943.13 (1m) (b), 943.13 (3), 947.011 (2) (a) 1.,
12947.011 (2) (c) 1., 947.011 (2) (d), 948.60 (1), 948.605 (2) (title), 948.605 (2) (a),
13948.605 (2) (b) (intro.), 948.605 (2) (b) 6., 968.255 (1) (a) 2., 971.37 (1m) (a) 2. and
14973.055 (1) (a) 1.; and to create 29.091 (1), 29.314 (1) (ah), 29.621 (4) (a),

166.0409 (6), 167.30 (2), 167.31 (4) (at), 939.22 (11m), 941.232, 943.13 (1e) (aL),
2943.13 (1e) (cm), 943.13 (1m) (c), 943.13 (2) (bm), 943.13 (6), 947.01 (2) and
3948.605 (2) (b) 1m. of the statutes; relating to: going armed with weapons,
4possessing or transporting a firearm, bow, or crossbow under certain
5circumstances, disorderly conduct limitations, and electric weapons.
Analysis by the Legislative Reference Bureau
In general, under current Wisconsin law, no person may go armed with a
concealed and dangerous weapon. The "going armed with" language includes cases
in which a person is carrying a concealed weapon but has not gone and is not going
anywhere with it and cases in which a weapon is readily accessible to a person in a
car. A person who violates the prohibition may be fined not more than $10,000 or
imprisoned for not more than nine months or both. This prohibition has many
exceptions. First, Wisconsin Statutes expressly exempt law enforcement officers. In
addition, under State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, this prohibition is
unconstitutional if applied to a person carrying a concealed weapon at his or her own
business when: 1) the person's interest in carrying a concealed weapon substantially
outweighs the state's interest in enforcing the concealed weapons law; 2) the person
has no other reasonable means to keep and handle the weapon; and 3) the person is
not motivated by an unlawful purpose in concealing it. In Hamdan, the court also
indicated that the constitutional right to keep and bear arms for security allows a
person to carry a concealed weapon under certain circumstances in his or her own
home. Finally, under federal law, qualified law enforcement officers and qualified
retired law enforcement officers may carry concealed firearms that have been
shipped or transported in interstate or foreign commerce, regardless of any state
prohibition. This bill eliminates the prohibition against going armed with a
concealed and dangerous weapon.
Current law also prohibits, with certain exceptions, going armed with or
possessing a firearm in a public building, tavern, state park, or wildlife refuge or
within 1,000 feet of the grounds of a school. This bill eliminates the prohibitions
against going armed with or possessing a firearm in a public building or tavern but
this bill adds general prohibitions against carrying weapons into a police station,
sheriff's office, or state patrol station; a prison, jail, house of correction, or secured
correctional facility; a courthouse; a place beyond a security checkpoint in an airport;
and a building owned or leased by the state or any political subdivision of the state
if the building provides electronic screening for weapons at all public entrances to the
building and provides locked storage for weapons on the premises while the person
carrying the weapon is in the building. This bill applies the prohibition against going
armed with or possessing a firearm in a state park or a wildlife refuge only to
firearms that are not handguns. This bill also limits the prohibition against going

armed with or possessing a firearm within 1,000 feet of the grounds of a school only
to the grounds of a school. Any federal prohibitions against guns in school zones,
however, still apply.
In addition, current law prohibits, with certain exceptions, carrying a firearm,
bow, or crossbow in most vehicles unless the firearm is unloaded and encased or the
bow or crossbow is unstrung and encased. This bill generally eliminates the
requirements that the firearm be unloaded and encased and that the bow or crossbow
be unstrung and encased in order to be carried in a vehicle. The bill retains the
requirement that a firearm be unloaded and encased in order to be carried on a
commercial aircraft.
This bill specifies that an individual does not violate the prohibition against
disorderly conduct, or does not violate any local ordinance prohibiting disorderly
conduct, by loading, carrying, or going armed with a firearm without regard to
whether the firearm is loaded or whether the firearm is concealed or openly carried.
This bill also repeals the current law prohibition against possessing electric
weapons.
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:
SB93, s. 1 1Section 1. 23.33 (3) (e) of the statutes is repealed.
SB93, s. 2 2Section 2. 29.089 (2) of the statutes is amended to read:
SB93,3,63 29.089 (2) Except as provided in sub. (3) and except if the firearm is a handgun
4as defined in s. 175.35 (1) (b)
, no person may have in his or her possession or under
5his or her control a firearm on land located in state parks or state fish hatcheries
6unless the firearm is unloaded and enclosed within a carrying case.
SB93, s. 3 7Section 3. 29.091 of the statutes is renumbered 29.091 (2).
SB93, s. 4 8Section 4. 29.091 (1) of the statutes is created to read:
SB93,3,99 29.091 (1) In this section:
SB93,3,1010 (a) "Firearm" does not include a handgun.
SB93,3,1111 (b) "Gun" does not include a handgun.
SB93,3,1212 (c) "Handgun" has the meaning given in s. 175.35 (1) (b).
SB93, s. 5
1Section 5. 29.314 (1) (ah) of the statutes is created to read:
SB93,4,22 29.314 (1) (ah) "Handgun" has the meaning given in s. 175.35 (1) (b).
SB93, s. 6 3Section 6. 29.314 (3) (a) of the statutes is amended to read:
SB93,4,64 29.314 (3) (a) Prohibition. No person may use or possess with intent to use a
5light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in
6possession of a firearm that is not a handgun, bow and arrow, or crossbow.
SB93, s. 7 7Section 7. 29.314 (4) (a) of the statutes is amended to read:
SB93,4,108 29.314 (4) (a) Prohibition. No person may use or possess with intent to use a
9light for shining wild animals while the person is hunting or in possession of a
10firearm that is not a handgun, bow and arrow, or crossbow.
SB93, s. 8 11Section 8. 29.621 (4) of the statutes is renumbered 29.621 (4) (b).
SB93, s. 9 12Section 9. 29.621 (4) (a) of the statutes is created to read:
SB93,4,1313 29.621 (4) (a) In this subsection:
SB93,4,1414 1. "Firearm" does not include a handgun.
SB93,4,1515 2. "Gun" does not include a handgun.
SB93,4,1616 3. "Handgun" has the meaning given in s. 175.35 (1) (b).
SB93, s. 10 17Section 10. 48.685 (2) (bb) of the statutes is amended to read:
SB93,5,1118 48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a
19charge of a serious crime, but does not completely and clearly indicate the final
20disposition of the charge, the department, county department, agency contracted
21with under s. 48.651 (2), child welfare agency, school board, or entity shall make
22every reasonable effort to contact the clerk of courts to determine the final disposition
23of the charge. If a background information form under sub. (6) (a) or (am) indicates
24a charge or a conviction of a serious crime, but information obtained under par. (am)
25or (b) 1. does not indicate such a charge or conviction, the department, county

1department, agency contracted with under s. 48.651 (2), child welfare agency, school
2board, or entity shall make every reasonable effort to contact the clerk of courts to
3obtain a copy of the criminal complaint and the final disposition of the complaint.
4If information obtained under par. (am) or (b) 1., a background information form
5under sub. (6) (a) or (am), or any other information indicates a conviction of a
6violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013
7obtained not more than 5 years before the date on which that information was
8obtained, the department, county department, agency contracted with under s.
948.651 (2), child welfare agency, school board, or entity shall make every reasonable
10effort to contact the clerk of courts to obtain a copy of the criminal complaint and
11judgment of conviction relating to that violation.
SB93, s. 11 12Section 11. 50.065 (2) (bb) of the statutes is amended to read:
SB93,6,413 50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge
14of a serious crime, but does not completely and clearly indicate the final disposition
15of the charge, the department or entity shall make every reasonable effort to contact
16the clerk of courts to determine the final disposition of the charge. If a background
17information form under sub. (6) (a) or (am), or any disclosure made pursuant to a
18disclosure policy described under sub. (6) (am), indicates a charge or a conviction of
19a serious crime, but information obtained under par. (am) or (b) does not indicate
20such a charge or conviction, the department or entity shall make every reasonable
21effort to contact the clerk of courts to obtain a copy of the criminal complaint and the
22final disposition of the complaint. If information obtained under par. (am) or (b), a
23background information form under sub. (6) (a) or (am), any disclosure made
24pursuant to a disclosure policy described under sub. (6) (am), or any other
25information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20,

1941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date
2on which that information was obtained, the department or entity shall make every
3reasonable effort to contact the clerk of courts to obtain a copy of the criminal
4complaint and judgment of conviction relating to that violation.
SB93, s. 12 5Section 12. 59.54 (6) of the statutes is amended to read:
SB93,6,106 59.54 (6) Peace and order. The board may enact and enforce ordinances to
7preserve the public peace and good order within the county including, but not limited
8by enumeration, ordinances prohibiting conduct that is the same as or similar to
9conduct that is prohibited by ss. 947.01 (1) and 947.02, and provide a forfeiture for
10a violation of the ordinances.
SB93, s. 13 11Section 13. 66.0409 (3) (b) of the statutes is amended to read:
SB93,6,1712 66.0409 (3) (b) Nothing in this section prohibits a city, village or town that is
13authorized to exercise village powers under s. 60.22 (3) from enacting an ordinance
14or adopting a resolution that restricts the discharge of a firearm. Any ordinance or
15resolution that restricts the discharge of a firearm does not apply and may not be
16enforced if the actor's conduct is justified or, had it been subject to a criminal penalty,
17would have been subject to a defense described in s. 939.45.
SB93, s. 14 18Section 14. 66.0409 (6) of the statutes is created to read:
SB93,6,2319 66.0409 (6) No person may be in violation of, or be charged with a violation of,
20an ordinance of a political subdivision relating to disorderly conduct or other
21inappropriate behavior for loading, carrying, or going armed with a firearm, without
22regard to whether the firearm is loaded or is concealed or openly carried. Any
23ordinance in violation of this subsection does not apply and may not be enforced.
SB93, s. 15 24Section 15. 110.07 (1) (a) 1. of the statutes is amended to read:
SB93,7,4
1110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and
2chs. 194, 218, 341 to 349 and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b), 167.31
3(2) (b) to (c) and (d) and 287.81 and ch. 350 where applicable to highways, or orders
4or rules issued pursuant thereto.
SB93, s. 16 5Section 16. 110.07 (1) (a) 3. of the statutes is amended to read:
SB93,7,106 110.07 (1) (a) 3. Have authority to enter any place where vehicles subject to this
7chapter, ss. 167.31 (2) (b) to (c) and (d) and 287.81 and chs. 194, 218 and 341 to 350
8are stored or parked at any time to examine such vehicles, or to stop such vehicles
9while en route at any time upon the public highways to examine the same and make
10arrests for all violations thereof.
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