LRB-3781/1
CMH:ahe
2017 - 2018 LEGISLATURE
July 13, 2017 - Introduced by Senators L. Taylor, Miller and Risser, cosponsored
by Representatives Young, Crowley, Anderson and Zepnick. Referred to
Committee on Judiciary and Public Safety.
SB350,1,3 1An Act to amend 165.70 (1) (b), 938.78 (3), 939.632 (1) (e) 1., 946.82 (4) and
2969.08 (10) (b); and to create 941.285 of the statutes; relating to: ban on
3semiautomatic weapons and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill bans the transportation, purchase, possession, or transfer of a
semiautomatic assault weapon and specifically defines “assault weapon" for the
purpose of the ban. Under the bill, whoever transports, purchases, possesses, or
transfers a semiautomatic assault weapon is guilty of a felony and may be fined up
to $10,000, sentenced to a term of imprisonment of up to six years, or both. If the
crime is committed in a school zone, the maximum term of imprisonment is increased
by five years. This ban does not apply 1) to the transportation, purchase, possession,
or transfer of a semiautomatic assault weapon that is rendered permanently
inoperative; 2) to any law enforcement officer or armed forces or military personnel
while on official duty; 3) to a licensed importer or manufacturer of semiautomatic
assault weapons; or 4) to a firearms dealer who is authorized to sell semiautomatic
assault weapons.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB350,1 4Section 1. 165.70 (1) (b) of the statutes is amended to read:
SB350,2,4
1165.70 (1) (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss.
2940.20 (3), 940.201, 941.25, 941.26, 941.285, 943.01 (2) (c), 943.011, 943.27, 943.28,
3943.30, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 946.65, 947.02 (3) and (4),
4948.075, and 948.08.
SB350,2 5Section 2. 938.78 (3) of the statutes is amended to read:
SB350,3,26 938.78 (3) Release of information when escape or absence; rules. If a juvenile
7adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
8of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats.,
9or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats.,
10or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.26,
11941.28, 941.285, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03,
12943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05,
13948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has
14escaped from a juvenile correctional facility, residential care center for children and
15youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or
16juvenile portion of a county jail, or from the custody of a peace officer or a guard of
17such a facility, center, or jail, or has been allowed to leave a juvenile correctional
18facility, residential care center for children and youth, inpatient facility, juvenile
19detention facility, or juvenile portion of a county jail for a specified time period and
20is absent from the facility, center, home, or jail for more than 12 hours after the
21expiration of the specified period, the department of corrections or county
22department, whichever has supervision over the juvenile, may release the juvenile's
23name and any information about the juvenile that is necessary for the protection of
24the public or to secure the juvenile's return to the facility, center, home, or jail. The

1department of corrections shall promulgate rules establishing guidelines for the
2release of the juvenile's name or information about the juvenile to the public.
SB350,3 3Section 3. 939.632 (1) (e) 1. of the statutes is amended to read:
SB350,3,94 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
5(1c), 940.19 (2), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31,
6941.20, 941.21, 941.285, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1)
7or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055,
8948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1.
9b. applies.
SB350,4 10Section 4. 941.285 of the statutes is created to read:
SB350,3,12 11941.285 Possession of semiautomatic assault weapons. (1) In this
12section:
SB350,3,1313 (a) “Assault weapon" means any of the following:
SB350,3,1514 1. A semiautomatic rifle that has the capacity to accept a detachable magazine
15and that has any of the following:
SB350,3,1616 a. A pistol grip that protrudes beneath the action of the weapon.
SB350,3,1717 b. A folding, telescoping, or thumbhole stock.
SB350,3,1818 c. A 2nd handgrip or protruding grip that can be held by the nontrigger hand.
SB350,3,1919 d. A bayonet mount.
SB350,3,2120 e. A flash suppressor, muzzle brake, or muzzle compensator or a threaded
21barrel capable of accepting a flash suppressor, muzzle brake, or muzzle compensator.
SB350,3,2222 f. A grenade launcher.
SB350,3,2323 2. A semiautomatic shotgun that has any of the following:
SB350,3,2424 a. A folding, telescoping, or thumbhole stock.
SB350,3,2525 b. A 2nd handgrip or protruding grip that can be held by the nontrigger hand.
SB350,4,1
1c. A fixed magazine capacity in excess of 7 rounds.
SB350,4,22 d. The capacity to accept a detachable magazine.
SB350,4,43 3. A semiautomatic pistol that has the capacity to accept a detachable
4magazine and that has any of the following:
SB350,4,55 a. A folding, telescoping, or thumbhole stock.
SB350,4,66 b. A 2nd handgrip or protruding grip that can be held by the nontrigger hand.
SB350,4,87 c. The capacity to accept an ammunition magazine that attaches to the pistol
8outside of the pistol grip.
SB350,4,109 d. A threaded barrel capable of accepting a barrel extender, flash suppressor,
10forward handgrip, or silencer.
SB350,4,1311 e. A shroud that is attached to, or partially or completely encircles, the barrel,
12and that permits the user to hold the firearm with the nontrigger hand without being
13burned.
SB350,4,1414 f. A manufactured weight of at least 50 ounces when the pistol is unloaded.
SB350,4,1715 (b) “Detachable magazine" means any ammunition feeding device, the function
16of which is to deliver one or more ammunition cartridges into the firing chamber, that
17can be removed from the firearm without any tool, bullet, or ammunition cartridge.
SB350,4,1818 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB350,4,2019 (d) “Muzzle brake" means a device that is attached to the muzzle of a weapon
20and that uses escaping gas to reduce recoil.
SB350,4,2221 (e) “Muzzle compensator" means a device that is attached to the muzzle of a
22weapon and that uses escaping gas to control muzzle movement.
SB350,4,2323 (f) “Rifle" has the meaning given in s. 941.28 (1) (a).
SB350,5,224 (g) “Semiautomatic" means that the firearm is a repeating firearm that
25requires a separate pull of the trigger to fire each cartridge and that uses a portion

1of the energy of a firing cartridge to extract the fired cartridge case and to place
2another unfired cartridge into the chamber.
SB350,5,33 (h) “Shotgun" has the meaning given in s. 941.28 (1) (d).
SB350,5,6 4(2) Whoever manufactures, transports, purchases, possesses, goes armed with,
5or sells or otherwise transfers possession of an assault weapon is guilty of a Class H
6felony.
SB350,5,7 7(3) Subsection (2) does not apply to any of the following:
SB350,5,98 (a) The transportation, purchase, possession, sale, or transfer of possession of
9an assault weapon modified to render it permanently inoperative.
SB350,5,1010 (b) Any law enforcement officer while on official duty.
SB350,5,1111 (c) Any armed forces or military personnel while on official duty.
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