SB169: Bill Text

SB169,4,11 29.091 Hunting or trapping in wildlife refuge. No person may hunt or trap within any wildlife refuge established under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words “Wisconsin Wildlife Refuge".

SB169,4 Section 4. 29.091 (2) of the statutes is repealed.

SB169,5 Section 5. 29.301 (1) (b) of the statutes is amended to read:

SB169,4,17 29.301 (1) (b) No person may hunt within 1,700 1,000 feet of any hospital, sanatorium, or the grounds of any school. The department may designate the form for or furnish signs designating the restricted area. No person may be convicted of a violation of this paragraph unless the restricted area is designated by the signs.

SB169,6 Section 6. 29.314 (3) (title) and (a) and (4) (title) and (a) of the statutes are amended to read:

SB169,4,23 29.314 (3) (title) Shining deer, elk, or bear while hunting or possessing weapons prohibited. (a) Prohibition. No person may use or possess with intent to use a light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in possession of a firearm, bow and arrow, or crossbow.

SB169,5,2 (4) (title) Shining wild animals while hunting or possessing weapons prohibited. (a) Prohibition. No person may use or possess with intent to use a light for shining wild animals while the person is hunting or in possession of a firearm, bow and arrow or crossbow.

SB169,7 Section 7. 29.621 (4) (intro.) of the statutes is renumbered 29.621 (4) and amended to read:

SB169,5,11 29.621 (4) Protection. Except as provided in s. 29.091 (1), no owner of a wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or have in his or her possession or under his or her control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. This subsection, as it relates to the possession or control of a loaded or unencased firearm, does not apply to any of the following: .

SB169,8 Section 8. 29.621 (4) (a) to (d) of the statutes are repealed.

SB169,9 Section 9. 29.921 (1) of the statutes is amended to read:

SB169,5,24 29.921 (1) Generally. The department and its wardens may execute and serve warrants and processes issued under any law enumerated in ss. 23.50 (1), 167.31, 346.19, 940.24, 941.20, 948.60, 948.605 and 948.61 in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the officer has probable cause to believe is guilty of a violation of any of the laws cited in this subsection, whether the violation is punishable by criminal penalties or by forfeiture, and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing any of the laws cited in this subsection, any officer may stop and board any boat and stop any vehicle, if the officer reasonably suspects there is a violation of those sections.

SB169,10 Section 10. 66.0409 (1) (a) of the statutes is renumbered 66.0409 (1) (am).

SB169,11 Section 11. 66.0409 (1) (ag) of the statutes is created to read:

SB169,6,2 66.0409 (1) (ag) “Electric weapon” has the meaning given in s. 939.22 (11m).

SB169,12 Section 12. 66.0409 (2) of the statutes is amended to read:

SB169,6,10 66.0409 (2) Except as provided in subs. (3) and (4), no political subdivision may enact or enforce an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration, or taxation of any knife, any electric weapon, or any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.

SB169,13 Section 13. 66.0409 (2m) of the statutes is created to read:

SB169,6,14 66.0409 (2m) No political subdivision or other person may prohibit individuals from going armed with a firearm, knife, or electric weapon on a vehicle that is part of a public mass transportation system.

SB169,14 Section 14. 66.0409 (3) (a) and (c) and (6) of the statutes are amended to read:

SB169,6,19 66.0409 (3) (a) Nothing in this section prohibits a county from imposing a sales tax or use tax under subch. V of ch. 77 on any knife, any electric weapon, or any firearm or part of a firearm, including ammunition and reloader components, sold in the county.

SB169,6,23 (c) Nothing in this section prohibits a political subdivision from enacting or enforcing an ordinance or adopting a resolution that prohibits the possession of a knife or an electric weapon in a building, or part of a building, that is owned, occupied, or controlled by the political subdivision.

SB169,7,6 (6) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, no person may be in violation of, or be charged with a violation of, an ordinance of a political subdivision relating to disorderly conduct or other inappropriate behavior for loading a firearm, or for carrying or going armed with a firearm, an electric weapon, or a knife, without regard to whether the firearm is loaded or the firearm, the electric weapon, or the knife is concealed or openly carried. Any ordinance in violation of this subsection does not apply and may not be enforced.

SB169,15 Section 15. 110.07 (1) (a) 1. and 3. and (b) of the statutes are amended to read:

SB169,7,11 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and chs. 194, 218, 341 to 349 and 351, and ss. 23.33, 23.335, 125.07 (4) (b), 125.085 (3) (b), 167.31 (2) (b) to (c) and (d) and 287.81 and ch. 350 where applicable to highways, or orders or rules issued pursuant thereto.

SB169,7,16 3. Have authority to enter any place where vehicles subject to this chapter, ss. 167.31 (2) (b) to (c) and (d) and 287.81 and chs. 194, 218 and 341 to 350 are stored or parked at any time to examine such vehicles, or to stop such vehicles while en route at any time upon the public highways to examine the same and make arrests for all violations thereof.

SB169,7,21 (b) All municipal judges, judges, district attorneys and law enforcement officers shall assist in enforcing this chapter, ss. 167.31 (2) (b) to (c) and (d) and 287.81 and chs. 194, 218 and 341 to 351, and orders or rules issued pursuant thereto and shall report to the department the disposition of every uniform traffic citation issued for cases involving those chapters.

SB169,16 Section 16. 165.81 (2) of the statutes is repealed.

SB169,17 Section 17. 167.31 (1) (c) of the statutes is amended to read:

SB169,7,25 167.31 (1) (c) “Firearm" means a weapon that acts by force of gunpowder but does not include an antique firearm under 18 USC 921 (a) (16).

SB169,18 Section 18. 167.31 (1) (cm) and (2) (a) and (b) of the statutes are repealed.

SB169,19 Section 19. 167.31 (2) (c), (d) and (e) of the statutes are amended to read:

SB169,8,5 167.31 (2) (c) Except as provided in sub. (4), no person may load a firearm, other than a handgun, in a vehicle or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.

SB169,8,8 (d) Except as provided in sub. (4) (a), (bg), (cg), (e), and (g), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

SB169,8,10 (e) A person who violates pars. (a) to par. (c) or (d) is subject to a forfeiture of not more than $100.

SB169,20 Section 20. 167.31 (3) (a) (intro.) and 1. of the statutes are consolidated, renumbered 167.31 (3) (a) and amended to read:

SB169,8,16 167.31 (3) (a) Except as provided in sub. (4), no person may do any of the following: 1. Place place, possess, or transport a firearm, bow, or crossbow in or on a commercial aircraft, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

SB169,21 Section 21. 167.31 (3) (a) 2. of the statutes is repealed.

SB169,22 Section 22. 167.31 (4) (a) (intro.) of the statutes is amended to read:

SB169,8,23 167.31 (4) (a) (intro.) Subsections The prohibitions in subs. (2) and (3) do not apply to any of the following who, are acting in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:

SB169,23 Section 23. 167.31 (4) (a) 1. of the statutes is created to read:

SB169,8,25 167.31 (4) (a) 1. A peace officer.

SB169,24 Section 24. 167.31 (4) (ag) of the statutes is repealed.

SB169,25 Section 25. 167.31 (4) (am) 1. of the statutes is renumbered 167.31 (4) (am) and amended to read:

SB169,9,7 167.31 (4) (am) Subsections (2) (a), (c) and (d) and (3) (a) and (b) do not apply to a peace officer who, in the line of duty, loads or discharges a firearm in, on, or from a vehicle, motorboat or aircraft or discharges a firearm from or across a highway or within 50 feet of the center of a roadway.

SB169,26 Section 26. 167.31 (4) (am) 2. and 3. of the statutes are repealed.

SB169,27 Section 27. 167.31 (4) (b) of the statutes is amended to read:

SB169,9,13 167.31 (4) (b) Subsections (2) (a), (b) and (c), (3) (a) and (b), and (3m) do not apply to the holder of a scientific research license under s. 169.25 or a scientific collector permit under s. 29.614 who is using a net gun or tranquilizer gun in an activity related to the purpose for which the license or permit was issued.

SB169,28 Section 28. 167.31 (4) (bg), (bn) and (bt) of the statutes are repealed.

SB169,29 Section 29. 167.31 (4) (c) and (cg) (intro.) of the statutes are amended to read:

SB169,9,17 167.31 (4) (c) Subsection (2) (b) and (c) does not apply to the holder of a Class A or Class B permit under s. 29.193 (2) who is hunting from a stationary vehicle.

SB169,9,20 (cg) (intro.) A holder of a Class A or Class B permit under s. 29.193 (2) who is hunting from a stationary vehicle may load and discharge a firearm or shoot a bolt or an arrow within 50 feet of the center of a roadway if all of the following apply:

SB169,30 Section 30. 167.31 (4) (cm) and (d) of the statutes are repealed.

SB169,31 Section 31. 167.31 (4) (f) and (i) of the statutes are amended to read:

SB169,9,25 167.31 (4) (f) Subsection (2) (d) does not prohibit a person from possessing a loaded firearm within 50 feet of the center of a roadway if the person does not violate sub. (2) (b) or (c).

SB169,10,2 (i) Subsection (2) (b) and (c) does not apply to a person legally hunting from a stationary nonmotorized vehicle that is not attached to a motor vehicle.

SB169,32 Section 32. 173.07 (5) (b) of the statutes is repealed.

SB169,33 Section 33. 175.60 (1) (bm) of the statutes is amended to read:

SB169,10,10 175.60 (1) (bm) “Handgun" means any weapon firearm 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. “Handgun" does not include a machine gun, as defined in s. 941.25 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).

SB169,34 Section 34. 175.60 (1) (dm) and (h) of the statutes are repealed.

SB169,35 Section 35. 175.60 (1) (i) (intro.) and 1. of the statutes are consolidated, renumbered 175.60 (1) (i) and amended to read:

SB169,10,20 175.60 (1) (i) “State identification card number" means one of the following: 1. The the unique identifying driver number assigned to a Wisconsin resident an individual by the department of transportation under s. 343.17 (3) (a) 4. or a comparable number assigned to an individual by another state or, if the Wisconsin resident individual has no driver number, the number assigned to the Wisconsin resident individual on an identification card issued under s. 343.50 or on a comparable card issued by another state.

SB169,36 Section 36. 175.60 (1) (i) 2. of the statutes is repealed.

SB169,37 Section 37. 175.60 (1) (j) of the statutes is amended to read:

SB169,10,24 175.60 (1) (j) “Weapon" means a handgun , or an electric weapon, as defined in s. 941.295 (1c) (a), or a billy club 939.22 (11m).

SB169,38 Section 38. 175.60 (2) (c) and (d) of the statutes are amended to read:

SB169,11,4 175.60 (2) (c) Unless expressly provided in this section, this section does not limit an individual's right to carry a firearm, whether that firearm is concealed or is not concealed or whether or not the individual is a licensee or an out-of-state licensee.

SB169,11,6 (d) For To the extent permitted under federal law, for purposes of 18 USC 922 (q) (2) (B) (ii), an out-of-state licensee is licensed by this state.

SB169,39 Section 39. 175.60 (2) (e) of the statutes is created to read:

SB169,11,13 175.60 (2) (e) If the federal government creates standards that would allow a license to be recognized by other states and the license issued under this section does not comply with the federal standards, the department shall create an enhanced license that complies with the federal standards. A licensee may request the department to replace his or her license with the enhanced license by submitting proof of meeting the federal standards and a $12 replacement fee.

SB169,40 Section 40. 175.60 (2g) of the statutes is repealed.

SB169,41 Section 41. 175.60 (2m) (a) of the statutes is amended to read:

SB169,11,19 175.60 (2m) (a) Subject to pars. (am), (b), (bm), (c), and (d), the department shall design a single license document for licenses issued and renewed under this section. The department shall complete the design of the license document no later than September 1, 2011.

SB169,42 Section 42. 175.60 (2m) (am) of the statutes is created to read:

SB169,11,23 175.60 (2m) (am) The license document issued under this section shall contain a notation indicating the license is basic for an applicant who applies without providing proof of training as described under sub. (4) (a).

SB169,43 Section 43. 175.60 (2m) (bm) of the statutes is repealed.

SB169,44 Section 44. 175.60 (3) (f) of the statutes is repealed.

SB169,45 Section 45. 175.60 (3) (g) of the statutes is repealed.

SB169,46 Section 46. 175.60 (4) (a) (intro.) and (5) (a) (intro.) and 1. of the statutes are amended to read:

SB169,12,5 175.60 (4) (a) (intro.) The proof of training requirement under sub. (7) (e) for a license that is not a basic license may be met by any of the following:

SB169,12,13 (5) (a) (intro.) The department shall design an application form for use by individuals who apply for a license under this section and a renewal form for use by individuals applying for renewal of a license under sub. (15). The department shall complete the design of the application form no later than September 1, 2011, and shall complete the design of the renewal form no later than July 1, 2014. The forms shall require the applicant to provide only his or her name, address, date of birth, state identification card number, race, sex, height, and eye color and shall include all of the following:

SB169,12,15 1. A statement that the applicant is ineligible for a license if sub. (3) (a), (b), (c), (d), or (e), (f), or (g) applies to the applicant.

SB169,47 Section 47. 175.60 (5) (a) 1m. of the statutes is created to read:

SB169,12,19 175.60 (5) (a) 1m. A statement that the applicant is eligible only for a basic license if the applicant does not provide proof of training as described under sub. (4) (a).

SB169,48 Section 48. 175.60 (5) (a) 6. of the statutes is amended to read:

SB169,13,2 175.60 (5) (a) 6. A statement of the places under sub. (16) where a licensee is prohibited from carrying a weapon, as well as an An explanation of the provisions under sub. (15m) and ss. s. 943.13 (1m) (c) and 948.605 (2) (b) 1r. (1n) that could limit the places where the licensee may carry a weapon, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

SB169,49 Section 49. 175.60 (7) (e) and (9) (b) 2. of the statutes are amended to read:

SB169,13,5 175.60 (7) (e) Proof Unless the individual is applying for a basic license, proof of training as described under sub. (4) (a).

SB169,13,9 (9) (b) 2. Deny the application, but only if sub. (3) (a), (b), (c), (d), or (e), (f), or (g) applies to the applicant. If the department denies the application, the department shall inform the applicant in writing, stating the reason and factual basis for the denial.