Amendment SSA1-SB169

LRBs0101/1

CMH&EHS:amn&wlj

2017 - 2018 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 169

September 20, 2017 - Offered by Committee on Judiciary and Public Safety.

SB169-SSA1,2,9 An Act to repeal 29.089 (2) (d), 29.091 (2) (d), 29.621 (4) (d), 165.81 (2), 167.31 (4) (am) 1., 167.31 (4) (am) 2., 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 (11) (b) 2., 3. and 4., 175.60 (16) (title) and (b) (intro.), 175.60 (17) (a), (ac) and (b), 440.26 (3m), 939.22 (20s), 941.23, 941.235 (1) and (2) (e), 941.237 (1) (a) to (dr) and (em) to (g) and 941.237 (3); to renumber 66.0409 (1) (a), 167.31 (4) (am) 3., 175.60 (12) (b) 1. a. and b., 941.29 (1g) (a) and 943.13 (4m) (am); to renumber and amend 175.60 (11) (b) 1., 175.60 (12) (b) 2., 175.60 (15m), 175.60 (16) (a) and (b) 1., 2. and 3., 175.60 (21) (c) and 943.13 (4m) (bm); to consolidate, renumber and amend 175.60 (1) (i) (intro.) and 1. and 941.237 (1) (intro.) and (e); to amend 29.301 (1) (b), 29.314 (3) (a) and (4) (a), 66.0409 (2), 66.0409 (3) (a) and (c) and (6), 167.31 (4) (a) (intro.), 175.60 (1) (bm), 175.60 (1) (j), 175.60 (2) (c) and (d), 175.60 (2m) (a), 175.60 (5) (a) (intro.) and 1., 175.60 (5) (a) 6., 175.60 (9) (b) 2., 175.60 (14) (a) and (am), 938.78 (3), 939.22 (10), 939.32 (1) (e), 939.632 (1) (e) 3., 941.235 (2) (c) and (d), 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 948.605; and to create 29.001 (41r), 29.089 (2) (e), 29.091 (2) (e), 29.621 (4) (e), 66.0409 (1) (ag), 66.0409 (2m), 167.31 (4) (a) 1., 175.60 (2) (e), 939.22 (11m), 941.29 (1g) (af), 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, trespassing while armed with a firearm, going armed with a firearm on school grounds, providing penalties, and providing criminal penalties.

Analysis by the Legislative Reference Bureau

Current law generally prohibits a person from carrying a concealed weapon unless the person has a license to carry a concealed weapon that is issued by the Department of Justice. This substitute amendment eliminates this prohibition without regard to licensure status. This substitute amendment also makes consistent penalties for illegal activities involving the possession of a firearm that, under current law, vary due to licensure status.

This substitute amendment modifies the state gun-free school zone law. Under this substitute amendment, it can be a state crime to possess a firearm in a school zone only if the person is violating the federal gun-free school zone law. A person who possesses a firearm in violation of the state prohibition is guilty of a Class C misdemeanor if the person is in a school building and a Class B forfeiture if the person is on the grounds of a school. There are several exceptions to the federal gun-free school zone law that, under this substitute amendment, are also exceptions to the state gun-free school zone law. For instance, federal law exempts a person 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 person. Since a license issued by DOJ to carry a concealed weapon involves a background check, licensees are exempted under federal law and, under this substitute amendment, the general state prohibition. Under this substitute amendment, a school may, under the trespassing provisions, post its premises against carrying a firearm. Any person who violates the posting is guilty of a Class C misdemeanor if the person is in a posted school building and a Class B forfeiture if the person is on the posted grounds of a school. This substitute amendment includes exceptions to the general state prohibition and the trespassing prohibition for parking and for when there are no classes or school activities occurring at the school.

Current law prohibits carrying a firearm into certain public buildings; the buildings and the penalties vary depending on whether or not the person has a license to carry a concealed weapon. Under current law, a person who is not a licensee who carries a firearm into a building owned or leased by the state is guilty of a Class A misdemeanor. Under current law, a licensee who carries a firearm into a specified building, such as a police station, a house of correction, or a secure mental health facility, is subject to a fine of up to $500 or imprisonment for up to 30 days, and a licensee who carries a firearm into a public building that a governmental entity has, under the trespassing provisions, posted against carrying a firearm is subject to a forfeiture of up to $1,000. This substitute amendment makes the prohibition consistent regardless of licensure status. Under the substitute amendment, the general prohibition applies only to the public buildings in which, under current law, a licensee may not carry a firearm, and the penalty is changed to a fine of up to $500 or imprisonment for up to 30 days for any violator. In addition, under the substitute amendment, any person who carries a firearm in violation of the trespassing provisions is subject to a forfeiture of up to $1,000.

In addition, current law prohibits the carrying of a firearm, bow, or crossbow in a wildlife refuge, state park, or state fish hatchery, with an exception for a handgun carried by a person with a license to carry a concealed weapon. This substitute amendment expands this exception to any person carrying a handgun. Current law also prohibits a person from shining wildlife while the person is hunting or possessing a firearm, bow and arrow, or crossbow. This substitute amendment maintains that the person may not shine wildlife while hunting but eliminates the prohibition on shining while possessing a handgun.

This substitute amendment modifies the process to obtain a license to carry a concealed weapon so that 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. The substitute amendment provides also 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 prohibits certain persons, such as felons or persons who are subject to certain restraining orders, from possessing a firearm. This substitute amendment changes the definition of “firearm” for the prohibition to specifically exclude antique firearms, as defined under federal law to exclude firearms manufactured before 1898 and muzzleloading firearms. This substitute amendment also eliminates the general prohibition on the possession of electric weapons (commonly known as tasers), except the prohibition is maintained for a person who is prohibited from possessing a firearm.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB169-SSA1,1 Section 1. 29.001 (41r) of the statutes is created to read:

SB169-SSA1,4,2 29.001 (41r) “Handgun” has the meaning given in s. 175.60 (1) (bm).

SB169-SSA1,2 Section 2 . 29.089 (2) (d) of the statutes is repealed.

SB169-SSA1,3 Section 3 . 29.089 (2) (e) of the statutes is created to read:

SB169-SSA1,4,6 29.089 (2) (e) A person who has in his or her possession or under his or her control a firearm that is a handgun.

SB169-SSA1,4 Section 4 . 29.091 (2) (d) of the statutes is repealed.

SB169-SSA1,5 Section 5 . 29.091 (2) (e) of the statutes is created to read:

SB169-SSA1,4,10 29.091 (2) (e) A person who has in his or her possession or under his or her control a firearm that is a handgun.

SB169-SSA1,6 Section 6 . 29.301 (1) (b) of the statutes is amended to read:

SB169-SSA1,4,15 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-SSA1,7 Section 7 . 29.314 (3) (a) and (4) (a) of the statutes are amended to read:

SB169-SSA1,4,19 29.314 (3) (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, other than a handgun, or a bow and arrow, or crossbow.

SB169-SSA1,4,22 (4) (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, other than a handgun, or a bow and arrow or crossbow.

SB169-SSA1,8 Section 8 . 29.621 (4) (d) of the statutes is repealed.

SB169-SSA1,9 Section 9 . 29.621 (4) (e) of the statutes is created to read:

SB169-SSA1,5,2 29.621 (4) (e) A person who has in his or her possession or under his or her control a firearm that is a handgun.

SB169-SSA1,10 Section 10 . 66.0409 (1) (a) of the statutes is renumbered 66.0409 (1) (am).

SB169-SSA1,11 Section 11 . 66.0409 (1) (ag) of the statutes is created to read:

SB169-SSA1,5,5 66.0409 (1) (ag) “Electric weapon” has the meaning given in s. 939.22 (11m).

SB169-SSA1,12 Section 12 . 66.0409 (2) of the statutes is amended to read:

SB169-SSA1,5,13 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-SSA1,13 Section 13 . 66.0409 (2m) of the statutes is created to read:

SB169-SSA1,5,17 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-SSA1,14 Section 14 . 66.0409 (3) (a) and (c) and (6) of the statutes are amended to read:

SB169-SSA1,5,22 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-SSA1,6,2 (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-SSA1,6,10 (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-SSA1,15 Section 15 . 165.81 (2) of the statutes is repealed.

SB169-SSA1,16 Section 16. 167.31 (4) (a) (intro.) of the statutes is amended to read:

SB169-SSA1,6,17 167.31 (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-SSA1,17 Section 17. 167.31 (4) (a) 1. of the statutes is created to read:

SB169-SSA1,6,19 167.31 (4) (a) 1. A peace officer.

SB169-SSA1,18 Section 18 . 167.31 (4) (am) 1. of the statutes is repealed.

SB169-SSA1,19 Section 19 . 167.31 (4) (am) 2. of the statutes is repealed.

SB169-SSA1,20 Section 20 . 167.31 (4) (am) 3. of the statutes is renumbered 167.31 (4) (am).

SB169-SSA1,21 Section 21. 173.07 (5) (b) of the statutes is repealed.

SB169-SSA1,22 Section 22 . 175.60 (1) (bm) of the statutes is amended to read:

SB169-SSA1,7,6 175.60 (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-SSA1,23 Section 23 . 175.60 (1) (dm) and (h) of the statutes are repealed.

SB169-SSA1,24 Section 24 . 175.60 (1) (i) (intro.) and 1. of the statutes are consolidated, renumbered 175.60 (1) (i) and amended to read:

SB169-SSA1,7,16 175.60 (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-SSA1,25 Section 25. 175.60 (1) (i) 2. of the statutes is repealed.

SB169-SSA1,26 Section 26 . 175.60 (1) (j) of the statutes is amended to read:

SB169-SSA1,7,20 175.60 (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-SSA1,27 Section 27 . 175.60 (2) (c) and (d) of the statutes are amended to read:

SB169-SSA1,8,2 175.60 (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. A licensee, an out-of-state licensee, or an individual without a license may carry a firearm anywhere in this state except as provided in ss. 941.235, 943.13 (1m) and (1n), and 948.605.

SB169-SSA1,8,4 (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-SSA1,28 Section 28 . 175.60 (2) (e) of the statutes is created to read:

SB169-SSA1,8,11 175.60 (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-SSA1,29 Section 29 . 175.60 (2g) of the statutes is repealed.

SB169-SSA1,30 Section 30 . 175.60 (2m) (a) of the statutes is amended to read:

SB169-SSA1,8,17 175.60 (2m) (a) Subject to pars. (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-SSA1,31 Section 31. 175.60 (2m) (bm) of the statutes is repealed.

SB169-SSA1,32 Section 32 . 175.60 (3) (f) of the statutes is repealed.

SB169-SSA1,33 Section 33 . 175.60 (5) (a) (intro.) and 1. of the statutes are amended to read:

SB169-SSA1,9,3 175.60 (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-SSA1,9,5 1. A statement that the applicant is ineligible for a license if sub. (3) (a), (b), (c), (d), (e), (f), or (g) applies to the applicant.

SB169-SSA1,34 Section 34 . 175.60 (5) (a) 6. of the statutes is amended to read:

SB169-SSA1,9,12 175.60 (5) (a) 6. A statement of the places under sub. (16) s. 941.235 where a licensee is prohibited from carrying a weapon, as well as 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-SSA1,35 Section 35 . 175.60 (9) (b) 2. of the statutes is amended to read:

SB169-SSA1,9,17 175.60 (9) (b) 2. Deny the application, but only if sub. (3) (a), (b), (c), (d), (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.

SB169-SSA1,36 Section 36 . 175.60 (11) (b) 1. of the statutes is renumbered 175.60 (11) (b) and amended to read:

SB169-SSA1,9,23 175.60 (11) (b) No later than 30 days after changing his or her address, a licensee shall inform the department of the new address. The department shall include the individual's new address in the list under sub. (12) (a). The penalty under s. 939.61 does not apply to a violation under this paragraph.

SB169-SSA1,37 Section 37 . 175.60 (11) (b) 2., 3. and 4. of the statutes are repealed.