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 1An Act to repeal 29.089 (2) (d), 29.091 (2) (d), 29.621 (4) (d), 165.81 (2), 167.31
2(4) (am) 1., 167.31 (4) (am) 2., 173.07 (5) (b), 175.60 (1) (dm) and (h), 175.60 (1)
3(i) 2., 175.60 (2g), 175.60 (2m) (bm), 175.60 (3) (f), 175.60 (11) (b) 2., 3. and 4.,
4175.60 (16) (title) and (b) (intro.), 175.60 (17) (a), (ac) and (b), 440.26 (3m),
5939.22 (20s), 941.23, 941.235 (1) and (2) (e), 941.237 (1) (a) to (dr) and (em) to
6(g) and 941.237 (3); to renumber 66.0409 (1) (a), 167.31 (4) (am) 3., 175.60 (12)
7(b) 1. a. and b., 941.29 (1g) (a) and 943.13 (4m) (am); to renumber and amend
8175.60 (11) (b) 1., 175.60 (12) (b) 2., 175.60 (15m), 175.60 (16) (a) and (b) 1., 2.
9and 3., 175.60 (21) (c) and 943.13 (4m) (bm); to consolidate, renumber and
10amend
175.60 (1) (i) (intro.) and 1. and 941.237 (1) (intro.) and (e); to amend
1129.301 (1) (b), 29.314 (3) (a) and (4) (a), 66.0409 (2), 66.0409 (3) (a) and (c) and
12(6), 167.31 (4) (a) (intro.), 175.60 (1) (bm), 175.60 (1) (j), 175.60 (2) (c) and (d),
13175.60 (2m) (a), 175.60 (5) (a) (intro.) and 1., 175.60 (5) (a) 6., 175.60 (9) (b) 2.,

1175.60 (14) (a) and (am), 938.78 (3), 939.22 (10), 939.32 (1) (e), 939.632 (1) (e)
23., 941.235 (2) (c) and (d), 941.237 (2), 941.299 (1) (a), 943.13 (1m) (c) 2. and 4.,
3947.01 (2), 948.60 (1) and 968.255 (1) (a) 2.; to repeal and recreate 941.295
4and 948.605; and to create 29.001 (41r), 29.089 (2) (e), 29.091 (2) (e), 29.621 (4)
5(e), 66.0409 (1) (ag), 66.0409 (2m), 167.31 (4) (a) 1., 175.60 (2) (e), 939.22 (11m),
6941.29 (1g) (af), 943.13 (1e) (g), 943.13 (1n), 943.13 (1p) and 943.13 (2) (bm) 3.
7of the statutes; relating to: going armed with a firearm and electric weapons,
8trespassing while armed with a firearm, going armed with a firearm on school
9grounds, 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
1Section 1. 29.001 (41r) of the statutes is created to read:
SB169-SSA1,4,22 29.001 (41r) “Handgun” has the meaning given in s. 175.60 (1) (bm).
SB169-SSA1,2 3Section 2 . 29.089 (2) (d) of the statutes is repealed.
SB169-SSA1,3 4Section 3 . 29.089 (2) (e) of the statutes is created to read:
SB169-SSA1,4,65 29.089 (2) (e) A person who has in his or her possession or under his or her
6control a firearm that is a handgun.
SB169-SSA1,4 7Section 4 . 29.091 (2) (d) of the statutes is repealed.
SB169-SSA1,5 8Section 5 . 29.091 (2) (e) of the statutes is created to read:
SB169-SSA1,4,109 29.091 (2) (e) A person who has in his or her possession or under his or her
10control a firearm that is a handgun.
SB169-SSA1,6 11Section 6 . 29.301 (1) (b) of the statutes is amended to read:
SB169-SSA1,4,1512 29.301 (1) (b) No person may hunt within 1,700 1,000 feet of any hospital,
13sanatorium, or the grounds of any school. The department may designate the form
14for or furnish signs designating the restricted area. No person may be convicted of
15a violation of this paragraph unless the restricted area is designated by the signs.
SB169-SSA1,7 16Section 7 . 29.314 (3) (a) and (4) (a) of the statutes are amended to read:
SB169-SSA1,4,1917 29.314 (3) (a) Prohibition. No person may use or possess with intent to use a
18light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in
19possession of a firearm, other than a handgun, or a bow and arrow, or crossbow.
SB169-SSA1,4,22 20(4) (a) Prohibition. No person may use or possess with intent to use a light for
21shining wild animals while the person is hunting or in possession of a firearm, other
22than a handgun, or a
bow and arrow or crossbow.
SB169-SSA1,8 23Section 8 . 29.621 (4) (d) of the statutes is repealed.
SB169-SSA1,9 24Section 9 . 29.621 (4) (e) of the statutes is created to read:
SB169-SSA1,5,2
129.621 (4) (e) A person who has in his or her possession or under his or her
2control a firearm that is a handgun.
SB169-SSA1,10 3Section 10 . 66.0409 (1) (a) of the statutes is renumbered 66.0409 (1) (am).
SB169-SSA1,11 4Section 11 . 66.0409 (1) (ag) of the statutes is created to read:
SB169-SSA1,5,55 66.0409 (1) (ag) “Electric weapon” has the meaning given in s. 939.22 (11m).
SB169-SSA1,12 6Section 12 . 66.0409 (2) of the statutes is amended to read:
SB169-SSA1,5,137 66.0409 (2) Except as provided in subs. (3) and (4), no political subdivision may
8enact or enforce an ordinance or adopt a resolution that regulates the sale, purchase,
9purchase delay, transfer, ownership, use, keeping, possession, bearing,
10transportation, licensing, permitting, registration, or taxation of any knife, any
11electric weapon,
or any firearm or part of a firearm, including ammunition and
12reloader components, unless the ordinance or resolution is the same as or similar to,
13and no more stringent than, a state statute.
SB169-SSA1,13 14Section 13 . 66.0409 (2m) of the statutes is created to read:
SB169-SSA1,5,1715 66.0409 (2m) No political subdivision or other person may prohibit individuals
16from going armed with a firearm, knife, or electric weapon on a vehicle that is part
17of a public mass transportation system.
SB169-SSA1,14 18Section 14 . 66.0409 (3) (a) and (c) and (6) of the statutes are amended to read:
SB169-SSA1,5,2219 66.0409 (3) (a) Nothing in this section prohibits a county from imposing a sales
20tax or use tax under subch. V of ch. 77 on any knife, any electric weapon, or any
21firearm or part of a firearm, including ammunition and reloader components, sold
22in the county.
SB169-SSA1,6,223 (c) Nothing in this section prohibits a political subdivision from enacting or
24enforcing an ordinance or adopting a resolution that prohibits the possession of a

1knife or an electric weapon in a building, or part of a building, that is owned,
2occupied, or controlled by the political subdivision.
SB169-SSA1,6,10 3(6) Unless other facts and circumstances that indicate a criminal or malicious
4intent on the part of the person apply, no person may be in violation of, or be charged
5with a violation of, an ordinance of a political subdivision relating to disorderly
6conduct or other inappropriate behavior for loading a firearm, or for carrying or going
7armed with a firearm, an electric weapon, or a knife, without regard to whether the
8firearm is loaded or the firearm, the electric weapon, or the knife is concealed or
9openly carried. Any ordinance in violation of this subsection does not apply and may
10not be enforced.
SB169-SSA1,15 11Section 15 . 165.81 (2) of the statutes is repealed.
SB169-SSA1,16 12Section 16. 167.31 (4) (a) (intro.) of the statutes is amended to read:
SB169-SSA1,6,1713 167.31 (4) (a) (intro.) Subsections The prohibitions in subs. (2) and (3) do not
14apply to any of the following who, are acting in the line of duty, place, possess,
15transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft
16or discharge a firearm from or across a highway or within 50 feet of the center of a
17roadway
:
SB169-SSA1,17 18Section 17. 167.31 (4) (a) 1. of the statutes is created to read:
SB169-SSA1,6,1919 167.31 (4) (a) 1. A peace officer.
SB169-SSA1,18 20Section 18 . 167.31 (4) (am) 1. of the statutes is repealed.
SB169-SSA1,19 21Section 19 . 167.31 (4) (am) 2. of the statutes is repealed.
SB169-SSA1,20 22Section 20 . 167.31 (4) (am) 3. of the statutes is renumbered 167.31 (4) (am).
SB169-SSA1,21 23Section 21. 173.07 (5) (b) of the statutes is repealed.
SB169-SSA1,22 24Section 22 . 175.60 (1) (bm) of the statutes is amended to read:
SB169-SSA1,7,6
1175.60 (1) (bm) “Handgun" means any weapon firearm designed or redesigned,
2or made or remade, and intended to be fired while held in one hand and to use the
3energy of an explosive to expel a projectile through a smooth or rifled bore.
4“Handgun" does not include a machine gun, as defined in s. 941.25 (1), a
5short-barreled rifle, as defined in s. 941.28 (1) (b), or a short-barreled shotgun, as
6defined in s. 941.28 (1) (c).
SB169-SSA1,23 7Section 23 . 175.60 (1) (dm) and (h) of the statutes are repealed.
SB169-SSA1,24 8Section 24 . 175.60 (1) (i) (intro.) and 1. of the statutes are consolidated,
9renumbered 175.60 (1) (i) and amended to read:
SB169-SSA1,7,1610 175.60 (1) (i) “State identification card number" means one of the following:
111. The
the unique identifying driver number assigned to a Wisconsin resident an
12individual
by the department of transportation under s. 343.17 (3) (a) 4. or a
13comparable number assigned to an individual by another state
or, if the Wisconsin
14resident
individual has no driver number, the number assigned to the Wisconsin
15resident
individual on an identification card issued under s. 343.50 or on a
16comparable card issued by another state
.
SB169-SSA1,25 17Section 25. 175.60 (1) (i) 2. of the statutes is repealed.
SB169-SSA1,26 18Section 26 . 175.60 (1) (j) of the statutes is amended to read:
SB169-SSA1,7,2019 175.60 (1) (j) “Weapon" means a handgun, or an electric weapon, as defined in
20s. 941.295 (1c) (a), or a billy club 939.22 (11m).
SB169-SSA1,27 21Section 27 . 175.60 (2) (c) and (d) of the statutes are amended to read:
SB169-SSA1,8,222 175.60 (2) (c) Unless expressly provided in this section, this section does not
23limit an individual's right to carry a firearm, whether that firearm is concealed or is
24not concealed or whether or not the individual is a licensee or an out-of-state
25licensee. A licensee, an out-of-state licensee, or an individual without a license may

1carry a firearm anywhere in this state except as provided in ss. 941.235, 943.13 (1m)
2and (1n), and 948.605
.
SB169-SSA1,8,43 (d) For To the extent permitted under federal law, for purposes of 18 USC 922
4(q) (2) (B) (ii), an out-of-state licensee is licensed by this state.
SB169-SSA1,28 5Section 28 . 175.60 (2) (e) of the statutes is created to read:
SB169-SSA1,8,116 175.60 (2) (e) If the federal government creates standards that would allow a
7license to be recognized by other states and the license issued under this section does
8not comply with the federal standards, the department shall create an enhanced
9license that complies with the federal standards. A licensee may request the
10department to replace his or her license with the enhanced license by submitting
11proof of meeting the federal standards and a $12 replacement fee.
SB169-SSA1,29 12Section 29 . 175.60 (2g) of the statutes is repealed.
SB169-SSA1,30 13Section 30 . 175.60 (2m) (a) of the statutes is amended to read:
SB169-SSA1,8,1714 175.60 (2m) (a) Subject to pars. (b), (bm), (c), and (d), the department shall
15design a single license document for licenses issued and renewed under this section.
16The department shall complete the design of the license document no later than
17September 1, 2011.
SB169-SSA1,31 18Section 31. 175.60 (2m) (bm) of the statutes is repealed.
SB169-SSA1,32 19Section 32 . 175.60 (3) (f) of the statutes is repealed.
SB169-SSA1,33 20Section 33 . 175.60 (5) (a) (intro.) and 1. of the statutes are amended to read:
SB169-SSA1,9,321 175.60 (5) (a) (intro.) The department shall design an application form for use
22by individuals who apply for a license under this section and a renewal form for use
23by individuals applying for renewal of a license under sub. (15). The department
24shall complete the design of the application form no later than September 1, 2011,
25and shall complete the design of the renewal form no later than July 1, 2014.
The

1forms shall require the applicant to provide only his or her name, address, date of
2birth, state identification card number, race, sex, height, and eye color and shall
3include all of the following:
SB169-SSA1,9,54 1. A statement that the applicant is ineligible for a license if sub. (3) (a), (b), (c),
5(d), (e), (f), or (g) applies to the applicant.
SB169-SSA1,34 6Section 34 . 175.60 (5) (a) 6. of the statutes is amended to read:
SB169-SSA1,9,127 175.60 (5) (a) 6. A statement of the places under sub. (16) s. 941.235 where a
8licensee is prohibited from carrying a weapon, as well as an explanation of the
9provisions under sub. (15m) and ss. s. 943.13 (1m) (c) and 948.605 (2) (b) 1r. (1n) that
10could limit the places where the licensee may carry a weapon, with a place for the
11applicant to sign his or her name to indicate that he or she has read and understands
12the statement.
SB169-SSA1,35 13Section 35 . 175.60 (9) (b) 2. of the statutes is amended to read:
SB169-SSA1,9,1714 175.60 (9) (b) 2. Deny the application, but only if sub. (3) (a), (b), (c), (d), (e), (f),
15or (g) applies to the applicant. If the department denies the application, the
16department shall inform the applicant in writing, stating the reason and factual
17basis for the denial.
SB169-SSA1,36 18Section 36 . 175.60 (11) (b) 1. of the statutes is renumbered 175.60 (11) (b) and
19amended to read:
SB169-SSA1,9,2320 175.60 (11) (b) No later than 30 days after changing his or her address, a
21licensee shall inform the department of the new address. The department shall
22include the individual's new address in the list under sub. (12) (a). The penalty under
23s. 939.61 does not apply to a violation under this paragraph.
SB169-SSA1,37 24Section 37 . 175.60 (11) (b) 2., 3. and 4. of the statutes are repealed.
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