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2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 2005 SENATE BILL 403
December 5, 2005 - Offered by Joint Committee on Finance.
SB403-SSA2,2,8 1An Act to renumber and amend 23.33 (3) (e), 29.089 (2), 29.091, 29.621 (4),
2440.26 (3m), 941.23, 941.235 (2), 941.295 (2) (d) and 943.13 (2); to amend 51.20
3(13) (cv) 4., 51.20 (16) (gm), 51.30 (3) (a), 165.60, 165.82 (1) (intro.), 165.82 (2),
4175.35 (1) (at), 175.35 (2) (d), 175.35 (2g) (c) 4. a. and b., 175.35 (2k) (ar) 2.,
5813.12 (6) (am) 1., 813.122 (9) (am) 1., 813.125 (5r) (a), 885.235 (1g) (intro.),
6938.396 (8), 943.13 (1m) (b) and 943.13 (3); and to create 23.33 (3) (e) 1., 23.33
7(3) (e) 2., 23.33 (3) (e) 3., 23.33 (3) (e) 4., 23.33 (3) (em), 29.089 (2) (a), 29.089 (2)
8(b), 29.089 (2) (c), 29.089 (2) (d), 29.091 (2), 29.621 (4) (a), 29.621 (4) (b), 29.621
9(4) (c), 29.621 (4) (d), 29.621 (6), 55.06 (17) (d), 59.25 (3) (u), 165.25 (11), 167.31
10(4) (ar), 175.35 (1) (am), 175.48, 175.49, 175.50, 341.175, 440.26 (3m) (a), 440.26
11(3m) (b), 440.26 (3m) (c), 440.26 (3m) (d), 885.235 (1g) (e), 938.396 (8m), 941.23
12(1), 941.23 (2) (a), 941.23 (2) (b), 941.23 (2) (c), 941.23 (2) (d), 941.23 (2) (e),
13941.23 (3), 941.235 (2) (c), 941.235 (2) (d), 941.235 (2) (e), 941.237 (3) (cr),

1941.237 (3) (ct), 941.237 (3) (cx), 941.29 (11), 941.295 (2) (d) 2., 941.295 (2g),
2941.295 (2r), 943.13 (1e) (bm), 943.13 (1e) (g), 943.13 (1m) (c), 943.13 (2) (bm),
3946.32 (3), 948.605 (2) (c) and 948.61 (3m) of the statutes; relating to: carrying
4a concealed weapon, licenses authorizing persons to carry concealed weapons,
5possessing or transporting a firearm under certain circumstances, background
6checks for handgun purchases, photographic identification cards for retired law
7enforcement officers, requiring the exercise of rule-making authority,
8providing an exemption from rule-making authority, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB403-SSA2, s. 1 9Section 1. 23.33 (3) (e) of the statutes is renumbered 23.33 (3) (e) (intro.) and
10amended to read:
SB403-SSA2,2,1311 23.33 (3) (e) (intro.) With any firearm in his or her possession unless it is
12unloaded and enclosed in a carrying case, or any bow unless it is unstrung or enclosed
13in a carrying case
. This paragraph does not apply to any of the following:
SB403-SSA2, s. 2 14Section 2. 23.33 (3) (e) 1. of the statutes is created to read:
SB403-SSA2,2,1615 23.33 (3) (e) 1. A person who is employed in this state by a public agency as a
16law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
SB403-SSA2, s. 3 17Section 3. 23.33 (3) (e) 2. of the statutes is created to read:
SB403-SSA2,2,1918 23.33 (3) (e) 2. A qualified out-of-state law enforcement officer, as defined in
19s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB403-SSA2, s. 4 20Section 4. 23.33 (3) (e) 3. of the statutes is created to read:
SB403-SSA2,2,2221 23.33 (3) (e) 3. A retired law enforcement officer, as defined in s. 941.23 (1) (f),
22to whom s. 941.23 (2) (c) 1. to 7. applies.
SB403-SSA2, s. 5 23Section 5. 23.33 (3) (e) 4. of the statutes is created to read:
SB403-SSA2,3,3
123.33 (3) (e) 4. A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
2licensee, as defined in s. 175.50 (1) (g), who possesses a handgun, as defined in s.
3175.50 (1) (bm).
SB403-SSA2, s. 6 4Section 6. 23.33 (3) (em) of the statutes is created to read:
SB403-SSA2,3,55 23.33 (3) (em) With any bow unless it is unstrung or enclosed in a carrying case.
SB403-SSA2, s. 7 6Section 7. 29.089 (2) of the statutes is renumbered 29.089 (2) (intro.) and
7amended to read:
SB403-SSA2,3,118 29.089 (2) (intro.) Except as provided in sub. (3), no person may have in his or
9her possession or under his or her control a firearm on land located in state parks or
10state fish hatcheries unless the firearm is unloaded and enclosed within a carrying
11case. This subsection does not apply to any of the following:
SB403-SSA2, s. 8 12Section 8. 29.089 (2) (a) of the statutes is created to read:
SB403-SSA2,3,1413 29.089 (2) (a) A person who is employed in this state by a public agency as a
14law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
SB403-SSA2, s. 9 15Section 9. 29.089 (2) (b) of the statutes is created to read:
SB403-SSA2,3,1716 29.089 (2) (b) A qualified out-of-state law enforcement officer, as defined in s.
17941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB403-SSA2, s. 10 18Section 10. 29.089 (2) (c) of the statutes is created to read:
SB403-SSA2,3,2019 29.089 (2) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f),
20firearm to whom s. 941.23 (2) (c) 1. to 7. applies.
SB403-SSA2, s. 11 21Section 11. 29.089 (2) (d) of the statutes is created to read:
SB403-SSA2,3,2422 29.089 (2) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
23licensee, as defined in s. 175.50 (1) (g), if the firearm is a handgun, as defined in s.
24175.50 (1) (bm).
SB403-SSA2, s. 12
1Section 12. 29.091 of the statutes is renumbered 29.091 (1) and amended to
2read:
SB403-SSA2,4,103 29.091 (1) No person may hunt or trap within any wildlife refuge established
4under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession
5or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded,
6the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
7within a carrying case. The taking of predatory game birds and animals shall be done
8as the department directs. All state wildlife refuge boundary lines shall be marked
9by posts placed at intervals of not over 500 feet and bearing signs with the words
10"Wisconsin Wildlife Refuge".
SB403-SSA2, s. 13 11Section 13. 29.091 (2) of the statutes is created to read:
SB403-SSA2,4,1412 29.091 (2) The prohibition in sub. (1), as it relates to the possession or control
13of a loaded or unencased gun or firearm within a game refuge established under s.
1423.09 (2) (b), does not apply to any of the following:
SB403-SSA2,4,1615 (a) A person who is employed in this state by a public agency as a law
16enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
SB403-SSA2,4,1817 (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1)
18(e), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB403-SSA2,4,2019 (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s.
20941.23 (2) (c) 1. to 7. applies.
SB403-SSA2,4,2321 (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as
22defined in s. 175.50 (1) (g), if the gun or firearm is a handgun, as defined in s. 175.50
23(1) (bm).
SB403-SSA2, s. 14 24Section 14. 29.621 (4) of the statutes is renumbered 29.621 (4) (intro.) and
25amended to read:
SB403-SSA2,5,9
129.621 (4) Protection. (intro.) Except as provided in s. 29.091 (1), no owner
2of a wildlife refuge, and no other person, may hunt or trap within the boundaries of
3any wildlife refuge or have in his or her possession or under his or her control in the
4wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded,
5the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
6within a carrying case. Nothing in this section may prohibit, prevent or interfere
7with the department in the destruction of injurious animals.
This subsection, as it
8relates to the possession or control of a loaded or unencased firearm, does not apply
9to any of the following:
SB403-SSA2, s. 15 10Section 15. 29.621 (4) (a) of the statutes is created to read:
SB403-SSA2,5,1211 29.621 (4) (a) A person who is employed in this state by a public agency as a
12law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
SB403-SSA2, s. 16 13Section 16. 29.621 (4) (b) of the statutes is created to read:
SB403-SSA2,5,1514 29.621 (4) (b) A qualified out-of-state law enforcement officer, as defined in s.
15941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB403-SSA2, s. 17 16Section 17. 29.621 (4) (c) of the statutes is created to read:
SB403-SSA2,5,1817 29.621 (4) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f),
18to whom s. 941.23 (2) (c) 1. to 7. applies.
SB403-SSA2, s. 18 19Section 18. 29.621 (4) (d) of the statutes is created to read:
SB403-SSA2,5,2220 29.621 (4) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
21licensee, as defined in s. 175.50 (1) (g), if the gun or firearm is a handgun, as defined
22in s. 175.50 (1) (bm).
SB403-SSA2, s. 19 23Section 19. 29.621 (6) of the statutes is created to read:
SB403-SSA2,5,2524 29.621 (6) Injurious animals. Nothing in this section may prohibit, prevent,
25or interfere with the department in the destruction of injurious animals.
SB403-SSA2, s. 20
1Section 20. 51.20 (13) (cv) 4. of the statutes is amended to read:
SB403-SSA2,6,112 51.20 (13) (cv) 4. If the court prohibits a subject individual from possessing a
3firearm under subd. 1. or cancels a prohibition under subd. 2., the court clerk shall
4notify the department of justice of that fact and provide any information identifying
5the subject individual that is necessary to permit an accurate involuntary
6commitment history record search under s. 175.35 (2g) (c) or a background check
7under s. 175.50 (9g) (b)
. No other information from the subject individual's court
8records may be disclosed to the department of justice except by order of the court.
9The department of justice may disclose information provided under this subdivision
10only as part of an involuntary commitment history record search under s. 175.35 (2g)
11(c).
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