SB169: Bill Text

LRB-2766/1

CMH&EHS:amn&wlj

2017 - 2018 LEGISLATURE

2017 Senate BILL 169

April 13, 2017 - Introduced by Senators Craig, Vukmir, Kapenga, Feyen, LeMahieu, Marklein, Nass, Stroebel, Testin, Tiffany and Wanggaard, cosponsored by Representatives Felzkowski, Bernier, Duchow, Brandtjen, Kerkman, August, Born, R. Brooks, Edming, Gannon, Horlacher, Hutton, Jacque, Jarchow, Katsma, Kleefisch, Knodl, Krug, Kulp, Macco, Mursau, Quinn, Ripp, Sanfelippo, Schraa, Skowronski, Stafsholt, Swearingen, Tauchen, Thiesfeldt, Tittl, Vorpagel, Weatherston, Kremer, Kuglitsch, Murphy, Neylon, Summerfield and Tusler. Referred to Committee on Judiciary and Public Safety.

SB169,2,14 An Act to repeal 23.33 (3c), 29.089 (2), 29.091 (2), 29.621 (4) (a) to (d), 165.81 (2), 167.31 (1) (cm) and (2) (a) and (b), 167.31 (3) (a) 2., 167.31 (4) (ag), 167.31 (4) (am) 2. and 3., 167.31 (4) (bg), (bn) and (bt), 167.31 (4) (cm) and (d), 173.07 (5) (b), 175.60 (1) (dm) and (h), 175.60 (1) (i) 2., 175.60 (2g), 175.60 (2m) (bm), 175.60 (3) (f), 175.60 (3) (g), 175.60 (11) (b) 2., 3. and 4., 175.60 (16), 175.60 (17) (a), (ac) and (b), 440.26 (3m), 939.22 (20s), 939.32 (1) (e), 941.23, 941.235, 941.237 (1) (a) to (dr) and (em) to (g), 941.237 (3), 948.605 and 973.137 (1) and (2); to renumber 66.0409 (1) (a), 175.60 (12) (b) 1. a. and b., 175.60 (13) and 943.13 (4m) (am); to renumber and amend 29.091 (1), 29.621 (4) (intro.), 167.31 (4) (am) 1., 175.60 (11) (b) 1., 175.60 (12) (b) 2., 175.60 (15m), 175.60 (21) (c) and 943.13 (4m) (bm); to consolidate, renumber and amend 167.31 (3) (a) (intro.) and 1., 175.60 (1) (i) (intro.) and 1., 941.237 (1) (intro.) and (e) and 973.137 (intro.) and (1m); to amend 29.301 (1) (b), 29.314 (3) (title) and (a) and (4) (title) and (a), 29.921 (1), 66.0409 (2), 66.0409 (3) (a) and (c) and (6), 110.07 (1) (a) 1. and 3. and (b), 167.31 (1) (c), 167.31 (2) (c), (d) and (e), 167.31 (4) (a) (intro.), 167.31 (4) (b), 167.31 (4) (c) and (cg) (intro.), 167.31 (4) (f) and (i), 175.60 (1) (bm), 175.60 (1) (j), 175.60 (2) (c) and (d), 175.60 (2m) (a), 175.60 (4) (a) (intro.) and (5) (a) (intro.) and 1., 175.60 (5) (a) 6., 175.60 (7) (e) and (9) (b) 2., 175.60 (13) (title), 175.60 (14) (a) and (am), 345.11 (1s), 345.20 (2) (f), 895.527 (5) (a), 938.34 (14q), 938.78 (3), 939.22 (10), 939.632 (1) (e) 3., 941.237 (2), 941.299 (1) (a), 943.13 (1m) (c) 2. and 4., 947.01 (2), 948.60 (1) and 968.255 (1) (a) 2.; to repeal and recreate 941.295; and to create 66.0409 (1) (ag), 66.0409 (2m), 167.31 (4) (a) 1., 175.60 (2) (e), 175.60 (2m) (am), 175.60 (5) (a) 1m., 175.60 (12) (b) 2. c., 175.60 (12g) (a) 4., 175.60 (13) (b), 939.22 (11m), 939.22 (13), 943.13 (1e) (g), 943.13 (1n), 943.13 (1p) and 943.13 (2) (bm) 3. of the statutes; relating to: going armed with a firearm and electric weapons, licenses for carrying a concealed weapon, trespassing while armed with a firearm, and providing criminal penalties.

Analysis by the Legislative Reference Bureau

Current law generally prohibits an individual from carrying a concealed weapon unless the individual has a license to carry a concealed weapon that is issued by the Department of Justice or unless the individual has a law enforcement identification card indicating that he or she is a qualified current or former law enforcement officer. This bill eliminates the general prohibition against going armed with a concealed weapon without regard to licensure status.

This bill also eliminates current law prohibitions against carrying firearms in specified places, but retains the current law that allows certain persons to post buildings and grounds so that individuals who carry a firearm in violation of the posting commit trespass. For instance, this bill eliminates the prohibition on carrying a firearm on school grounds and, for persons without a license to carry a concealed weapon, in a school zone. Instead, this bill allows schools to post their buildings and grounds under the trespassing laws. An individual who violates the trespassing provision is guilty of a Class C misdemeanor if the individual is in a posted school building and a Class B forfeiture if the individual is on the posted grounds of a school.

Likewise, the bill eliminates the general prohibition against carrying a firearm in other buildings, such as a police station, a house of correction, or a secure mental health facility, but allows the appropriate governmental entity to post the buildings against carrying a firearm. This bill also eliminates the prohibitions against carrying a firearm, bow, or crossbow in a wildlife refuge and eliminates the prohibitions against carrying a firearm, bow, or crossbow while engaging in certain activities, such as operating an all-terrain vehicle. In addition, current law prohibits an individual from shining wildlife while the individual is hunting or possessing a firearm, bow and arrow, or crossbow. This bill maintains that the individual may not shine wildlife while hunting but eliminates the prohibition on shining while possessing a firearm, bow and arrow, or crossbow.

The federal gun-free school zone law generally prohibits the possession of a firearm in a school zone but exempts an individual who is licensed to possess a firearm by the state in which the school zone is located if the license involves a background check on the individual. For purposes of being able to possess a firearm in a school zone under federal law, as well as for purposes of being allowed to carry a firearm in other states that require licensure, this bill maintains the license to carry a concealed weapon and the law enforcement identification cards. This bill makes two modifications to the process to obtain a new license to carry a concealed weapon. First, under this bill, DOJ may issue a license to an applicant who is not a Wisconsin resident; under current law, only a resident may be issued a license. Second, although current law requires proof of completing a training program for a license, under this bill, if an otherwise qualified applicant does not provide proof of completing a training program, DOJ must issue the applicant a license that indicates that the license is a basic license. For in-state purposes, the license and the basic license are indistinguishable, and, under this bill, both are optional. The bill also provides that, if the federal government creates standards that would allow a license to carry a concealed weapon to be recognized by other states and the license issued by DOJ does not comply with the federal standards, DOJ must create an optional enhanced license to carry a concealed weapon that complies with the federal standards.

Finally, current law generally prohibits the possession of electric weapons, commonly known as tasers. This bill eliminates that prohibition except the prohibition is maintained for an individual who is prohibited from possessing a firearm. This bill also changes the definition of “firearm” by specifically excluding antique firearms, as defined under federal law, which excludes firearms manufactured before 1898 and muzzleloading firearms.

For further information see the state 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:

SB169,1 Section 1. 23.33 (3c) of the statutes is repealed.

SB169,2 Section 2. 29.089 (2) of the statutes is repealed.

SB169,3 Section 3. 29.091 (1) of the statutes is renumbered 29.091 and amended to read:

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: