Feed for /2013/related/proposals/ab9 PDF
LRB-1229/1
CMH:kjf:ph
2013 - 2014 LEGISLATURE
February 13, 2013 - Introduced by Representatives Kleefisch, Danou, Jacque,
Mursau, Stroebel, Bernier, Born, Swearingen, A. Ott, Brooks, Tranel,
Nerison, Bies, Weatherston, Kaufert, Thiesfeldt, Jagler, Schraa, T.
Larson
, Knodl and Czaja, cosponsored by Senators Gudex, Taylor and
Kedzie. Referred to Committee on Judiciary.
AB9,1,6 1An Act to renumber 943.13 (4m); to amend 948.605 (3) (b) 1., 948.605 (3) (b)
22. and 948.605 (3) (b) 3.; and to create 943.13 (4m) (bm), 948.605 (2) (b) 2d.,
3948.605 (2) (b) 2f. and 2h. and 948.605 (3) (b) 5., 6. and 7. of the statutes;
4relating to: law enforcement officers who are on duty, off-duty law
5enforcement officers, and former law enforcement officers and going armed
6with firearms.
Analysis by the Legislative Reference Bureau
Under current law, a law enforcement officer or a former law enforcement
officer may go armed with (carry) a concealed weapon if he or she has a license issued
by the Department of Justice or if he or she carries a photographic identification
issued by the law enforcement agency that employs or, in the case of a former law
enforcement officer, employed, him or her and meets other qualifications such as
meeting any standards established by the agency to carry a firearm, not being under
the influence of an intoxicant, and not carrying a machine gun or a firearm silencer.
Federal law explicitly preempts any state law prohibiting a qualified law
enforcement officer or a qualified former law enforcement officer from carrying a
concealed firearm, but federal law allows a state to permit private persons to prohibit
the possession of concealed firearms on their property and to prohibit firearms on
any state or local government property, installation, building, base, or park. Current
state law prohibits a licensee from carrying a firearm on school grounds and on

certain posted private properties. This bill exempts from these prohibitions law
enforcement officers who are acting in their official capacity (who are currently
exempt only from the prohibition against carrying on school grounds); qualified law
enforcement officers, without regard to whether they are on duty; and qualified
former law enforcement officers.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB9, s. 1 1Section 1. 943.13 (4m) of the statutes is renumbered 943.13 (4m) (am).
AB9, s. 2 2Section 2. 943.13 (4m) (bm) of the statutes is created to read:
AB9,2,83 943.13 (4m) (bm) Subsection (1m) (c) 1., 1m., 2., 3., and 5. do not apply to a
4person who is employed in this state by a public agency as a law enforcement officer
5and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies, to a qualified
6out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23
7(2) (b) 1. to 3. applies, or to a former officer, as defined in s. 941.23 (1) (c), to whom
8s. 941.23 (2) (c) 1. to 7. applies.
AB9, s. 3 9Section 3. 948.605 (2) (b) 2d. of the statutes is created to read:
AB9,2,1210 948.605 (2) (b) 2d. A person who is employed in this state by a public agency
11as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3.
12applies.
AB9, s. 4 13Section 4. 948.605 (2) (b) 2f. and 2h. of the statutes are created to read:
AB9,2,1514 948.605 (2) (b) 2f. A qualified out-of-state law enforcement officer, as defined
15in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB9,2,1716 2h. A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1.
17to 7. applies.
AB9, s. 5 18Section 5. 948.605 (3) (b) 1. of the statutes is amended to read:
AB9,2,1919 948.605 (3) (b) 1. On private property not part of school grounds;.
AB9, s. 6
1Section 6. 948.605 (3) (b) 2. of the statutes is amended to read:
AB9,3,32 948.605 (3) (b) 2. As part of a program approved by a school in the school zone,
3by an individual who is participating in the program; .
AB9, s. 7 4Section 7. 948.605 (3) (b) 3. of the statutes is amended to read:
AB9,3,75 948.605 (3) (b) 3. By an individual in accordance with a contract entered into
6between a school in a school zone and the individual or an employer of the individual;
7or
.
AB9, s. 8 8Section 8. 948.605 (3) (b) 5., 6. and 7. of the statutes are created to read:
AB9,3,119 948.605 (3) (b) 5. By a person who is employed in this state by a public agency
10as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3.
11applies.
AB9,3,1312 6. By a qualified out-of-state law enforcement officer, as defined in s. 941.23
13(1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB9,3,1514 7. By a former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c)
151. to 7. applies.
AB9,3,1616 (End)
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