SB35-SA5,8,5
1938.208
(1) (b) Probable cause exists to believe that the juvenile possessed,
2used or threatened to use a handgun, as defined in s.
175.35 (1) (b) 941.237 (1) (d),
3short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
4defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
5under ch. 940 if committed by an adult.
SB35-SA5,4v
6Section 4v. 938.34 (4m) (b) 2. of the statutes is amended to read:
SB35-SA5,8,117
938.34
(4m) (b) 2. The juvenile has possessed, used or threatened to use a
8handgun, as defined in s.
175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
9defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
10while committing a delinquent act that would be a felony under ch. 940 if committed
11by an adult.
SB35-SA5,4w
12Section 4w. 938.341 of the statutes is amended to read:
SB35-SA5,8,16
13938.341 Delinquency adjudication; restriction on firearm possession. 14Whenever a court adjudicates a juvenile delinquent for an act that if committed by
15an adult in this state would be a felony
or for a violation of s. 175.33 (3), the court shall
16inform the juvenile of the requirements and penalties under s. 941.29.".
SB35-SA5,8,18
18"
Section 5b. 941.237 (1) (d) of the statutes is amended to read:
SB35-SA5,8,2219
941.237
(1) (d) "Handgun"
has the meaning given in s. 175.35 (1) (b) means any
20weapon designed or redesigned, or made or remade, and intended to be fired while
21held in one hand and to use the energy of an explosive to expel a projectile through
22a smooth or rifled bore.
SB35-SA5,5c
23Section 5c. 941.29 (1) (dm) of the statutes is created to read:
SB35-SA5,8,2424
941.29
(1) (dm) Convicted of a misdemeanor under s. 175.33 (3).
SB35-SA5,5d
1Section 5d. 941.29 (1) (dn) of the statutes is created to read:
SB35-SA5,9,22
941.29
(1) (dn) Adjudicated delinquent for a violation under s. 175.33 (3).
SB35-SA5,5e
3Section 5e. 941.29 (1) (do) of the statutes is created to read:
SB35-SA5,9,54
941.29
(1) (do) Found not guilty of a misdemeanor under s. 175.33 (3) by reason
5of mental disease or defect.
SB35-SA5,5f
6Section 5f. 941.29 (2) (dm) of the statutes is created to read:
SB35-SA5,9,87
941.29
(2) (dm) The person possesses a firearm subsequent to the conviction,
8as specified under sub. (1) (dm), unless 2 years have passed since the conviction.
SB35-SA5,5g
9Section 5g. 941.29 (2) (dn) of the statutes is created to read:
SB35-SA5,9,1110
941.29
(2) (dn) The person possesses a firearm subsequent to the adjudication,
11as specified under sub. (1) (dn), unless 2 years have passed since the adjudication.
SB35-SA5,5h
12Section 5h. 941.29 (2) (do) of the statutes is created to read:
SB35-SA5,9,1513
941.29
(2) (do) The person possesses a firearm subsequent to the finding of not
14guilty or not responsible by reason of mental disease or defect as specified in sub. (1)
15(do), unless 2 years have passed since the finding.
SB35-SA5,5i
16Section 5i. 941.296 (1) (b) of the statutes is amended to read:
SB35-SA5,9,1817
941.296
(1) (b) "Handgun" has the meaning given in s.
175.35 (1) (b) 941.237
18(1) (d).
SB35-SA5,5k
19Section 5k. 968.20 (3) (b) of the statutes is amended to read:
SB35-SA5,9,2520
968.20
(3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village,
21town or county or other custodian of a seized dangerous weapon or ammunition, if
22the dangerous weapon or ammunition is not required for evidence or use in further
23investigation and has not been disposed of pursuant to a court order at the
24completion of a criminal action or proceeding, shall make reasonable efforts to notify
25all persons who have or may have an authorized rightful interest in the dangerous
1weapon or ammunition of the application requirements under sub. (1). If, within 30
2days after the notice, an application under sub. (1) is not made and the seized
3dangerous weapon or ammunition is not returned by the officer under sub. (2), the
4city, village, town or county or other custodian may retain the dangerous weapon or
5ammunition and authorize its use by a law enforcement agency, except that a
6dangerous weapon used in the commission of a homicide or a handgun, as defined
7in s.
175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other
8than a firearm is not so retained, the city, village, town or county or other custodian
9shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor
10vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure
11under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village,
12town or county or other custodian shall ship it to the state crime laboratories and it
13is then the property of the laboratories. A person designated by the department of
14justice may destroy any material for which the laboratories have no use or arrange
15for the exchange of material with other public agencies. In lieu of destruction,
16shoulder weapons for which the laboratory has no use shall be turned over to the
17department of natural resources for sale and distribution of proceeds under s. 29.934
18or for use under s. 29.938.
SB35-SA5,5m
19Section 5m. 971.17 (1g) of the statutes is amended to read:
SB35-SA5,10,2320
971.17
(1g) Notice of restriction on firearm possession. If the defendant
21under sub. (1) is found not guilty of a felony
, or of a violation under s. 175.33 (3), by
22reason of mental disease or defect, the court shall inform the defendant of the
23requirements and penalties under s. 941.29.
SB35-SA5,5p
24Section 5p. 973.176 (1) of the statutes is amended to read:
SB35-SA5,11,4
1973.176
(1) Firearm possession. Whenever a court imposes a sentence or
2places a defendant on probation regarding a felony conviction
or regarding a
3conviction for a misdemeanor under s. 175.33 (3), the court shall inform the
4defendant of the requirements and penalties under s. 941.29.".
SB35-SA5,11,8
58. Page 3, line 1: delete "This act first applies" and substitute "The treatment
6of sections 175.35 (title) (by
Section 1), (1) (ar), and (2g) (c) 4. c. and 941.237 (1) (cm)
7of the statutes and the amendment of section 175.35 (2) (d) of the statutes first
8apply".
SB35-SA5,11,19
10"
(1g) The treatment of sections 20.455 (2) (gr), 175.33, 175.35 (title) (by
Section 111s), (1) (at), and (b), (2) (intro.), (a), (b), (bm), (c), and (cm) (intro.), (2g) (a) and (b), (2k)
12(ar) 2., (c) 2. a. and b., (g), and (h), (2L), (2t) (a), (b), and (c), (7) (d), and (15) (b) 4.,
13938.208 (1) (b), 938.34 (4m) (b) 2., 938.341, 941.237 (1) (d), 941.29 (1) (dm), (dn), and
14(do) and (2) (dm), (dn), and (do), 941.296 (1) (b), 968.20 (3) (b), 971.17 (1g), and
15973.176 (1) of the statutes, the renumbering of section 175.35 (2) (d) and (2j) of the
16statutes, the renumbering and amendment of section 175.35 (2i) of the statutes, and
17the creation of section 175.35 (2i) (b) 2. and (2j) (b) of the statutes first apply to sales
18or transfers of ownership of firearms that occur on the effective date of this
19subsection.
SB35-SA5,6m
20Section 6m.
Effective dates. This act takes effect on the day after
21publication, except as follows:
SB35-SA5,12,6
22(1g) The treatment of sections 20.455 (2) (gr), 175.33, 175.35 (title) (by
Section 231s), (1) (at), and (b), (2) (intro.), (a), (b), (bm), (c), and (cm) (intro.), (2g) (a) and (b), (2k)
24(ar) 2., (c) 2. a. and b., (g), and (h), (2L), (2t) (a), (b), and (c), (7) (d), and (15) (b) 4.,
1938.208 (1) (b), 938.34 (4m) (b) 2., 938.341, 941.237 (1) (d), 941.29 (1) (dm), (dn), and
2(do) and (2) (dm), (dn), and (do), 941.296 (1) (b), 968.20 (3) (b), 971.17 (1g), and
3973.176 (1) of the statutes, the renumbering of section 175.35 (2) (d) and (2j) of the
4statutes, the renumbering and amendment of section 175.35 (2i) of the statutes, and
5the creation of section 175.35 (2i) (b) 2. and (2j) (b) of the statutes and
Section 6 (1g)
6of this act take effect on the first day of the 7th month beginning after publication.".