AB138: Bill Text

AB138,25 Section 25. 175.60 (15) (b) 4. b. of the statutes is amended to read:

AB138,8,15 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB138,26 Section 26. 938.208 (1) (b) of the statutes is amended to read:

AB138,8,21 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

AB138,27 Section 27. 938.34 (4m) (b) 2. of the statutes is amended to read:

AB138,9,2 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

AB138,28 Section 28. 938.341 of the statutes is amended to read:

AB138,9,7 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or for a violation of s. 175.33 (3), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

AB138,29 Section 29. 941.237 (1) (d) of the statutes is amended to read:

AB138,9,12 941.237 (1) (d) "Handgun" has the meaning given in s. 175.35 (1) (b) means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.

AB138,30 Section 30. 941.29 (1) (dm) of the statutes is created to read:

AB138,9,14 941.29 (1) (dm) Convicted of a misdemeanor under s. 175.33 (3).

AB138,31 Section 31. 941.29 (1) (dn) of the statutes is created to read:

AB138,9,16 941.29 (1) (dn) Adjudicated delinquent for a violation under s. 175.33 (3).

AB138,32 Section 32. 941.29 (1) (do) of the statutes is created to read:

AB138,9,19 941.29 (1) (do) Found not guilty of a misdemeanor under s. 175.33 (3) by reason of mental disease or defect.

AB138,33 Section 33. 941.29 (2) (dm) of the statutes is created to read:

AB138,9,22 941.29 (2) (dm) The person possesses a firearm subsequent to the conviction, as specified under sub. (1) (dm), unless 2 years have passed since the conviction.

AB138,34 Section 34. 941.29 (2) (dn) of the statutes is created to read:

AB138,9,25 941.29 (2) (dn) The person possesses a firearm subsequent to the adjudication, as specified under sub. (1) (dn), unless 2 years have passed since the adjudication.

AB138,35 Section 35. 941.29 (2) (do) of the statutes is created to read:

AB138,10,4 941.29 (2) (do) The person possesses a firearm subsequent to the finding of not guilty or not responsible by reason of mental disease or defect as specified in sub. (1) (do), unless 2 years have passed since the finding.

AB138,36 Section 36. 941.296 (1) (b) of the statutes is amended to read:

AB138,10,7 941.296 (1) (b) "Handgun" has the meaning given in s. 175.35 (1) (b) 941.237 (1) (d).

AB138,37 Section 37. 968.20 (3) (b) of the statutes is amended to read:

AB138,11,7 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or county or other custodian of a seized dangerous weapon or ammunition, if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding, shall make reasonable efforts to notify all persons who have or may have an authorized rightful interest in the dangerous weapon or ammunition of the application requirements under sub. (1). If, within 30 days after the notice, an application under sub. (1) is not made and the seized dangerous weapon or ammunition is not returned by the officer under sub. (2), the city, village, town or county or other custodian may retain the dangerous weapon or ammunition and authorize its use by a law enforcement agency, except that a dangerous weapon used in the commission of a homicide or a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other than a firearm is not so retained, the city, village, town or county or other custodian shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or county or other custodian shall ship it to the state crime laboratories and it is then the property of the laboratories. A person designated by the department of justice may destroy any material for which the laboratories have no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratory has no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.

AB138,38 Section 38. 971.17 (1g) of the statutes is amended to read:

AB138,11,12 971.17 (1g) Notice of restriction on firearm possession. If the defendant under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (3), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB138,39 Section 39. 973.176 (1) of the statutes is amended to read:

AB138,11,17 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction or regarding a conviction for a misdemeanor under s. 175.33 (3), the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB138,40 Section 40. Initial applicability.

AB138,11,20 (1) This act first applies to sales or transfers of ownership of firearms that occur on the effective date of this subsection.

AB138,41 Section 41. Effective date.

AB138,11,23 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB138,11,24 (End)