LRB-3411/1
RNK:jld:pg
2001 - 2002 LEGISLATURE
October 10, 2001 - Introduced by Representatives Musser, Urban, Meyerhofer,
Bies, La Fave, Albers, Duff, Nass, Shilling, Stone, Owens and Lassa,
cosponsored by Senators Moen, Risser and Roessler. Referred to Committee
on Natural Resources.
AB550,1,3
1An Act to create 29.305 and 29.971 (3r) of the statutes;
relating to: prohibiting
2certain persons from obtaining licenses that authorize hunting with a firearm
3and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits certain persons from possessing a firearm. A felon is
prohibited from possessing a firearm subsequent to conviction and certain persons
adjudicated delinquent may not possess a firearm subsequent to adjudication. A
person found not guilty of a felony by reason of mental defect is prohibited from
possessing a firearm subsequent to the not guilty finding. Current law also prohibits
certain persons ordered not to possess a firearm, such as those committed for
treatment for a mental illness, from possessing a firearm while subject to that order.
A person who is enjoined from committing acts of domestic abuse or who is enjoined
from coming into contact with a child is prohibited from possessing a firearm while
the injunction is in effect. Finally, a person who is subject to an order that prohibits
the person from engaging in harassing behavior and from possessing a firearm, is
prohibited from possessing a firearm while the order is in effect.
With certain exceptions, this bill prohibits a person who, under current law, is
prohibited from possessing a firearm from obtaining certain hunting licenses that
authorize the person to hunt with a firearm, such as a small game hunting license
or a deer hunting license (hunting license). Under an exception to this general
prohibition, the bill allows such a person to obtain a turkey hunting license or a bear
hunting license, both of which also authorize hunting with a bow and arrow, if the
person uses the license to hunt turkey or bear only with a bow and arrow and not with
a firearm.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB550, s. 1
1Section
1. 29.305 of the statutes is created to read:
AB550,2,7
229.305 Persons prohibited from obtaining hunting and using licenses. 3(1) In this section, "hunting license" means a small game hunting license issued
4under s. 29.161, 29.204, or 29.207, a deer hunting license issued under s. 29.173 or
529.211, a sports license issued under s. 29.231, a conservation patron license issued
6under s. 29.235, a wild turkey hunting license issued under s. 29.164, or a bear
7hunting license issued under s. 29.184.
AB550,2,9
8(2) (a) No person may obtain or use a hunting license if the person is prohibited
9from possessing a firearm under s. 941.29 (1).
AB550,2,1310
(b) Notwithstanding par. (a), a person who is prohibited from possessing a
11firearm under s. 941.29 (1) may obtain and use a wild turkey hunting license under
12s. 29.164 or a bear hunting license under s. 29.184 if the person uses the respective
13license to hunt wild turkey or bear with a bow and arrow only.
AB550,2,15
14(3) The department shall inform each person who applies for a hunting license
15of the prohibition under sub. (2) and the penalties under ss. 29.971 (3r) and 941.29.
AB550, s. 2
16Section
2. 29.971 (3r) of the statutes is created to read:
AB550,3,217
29.971
(3r) For possessing a hunting license in violation of s. 29.305, by a
18forfeiture of not less than $1,000 nor more than $2,000. In addition, the court shall
19order the revocation of all hunting, fishing, and trapping approvals issued to the
20person under this chapter and shall prohibit the person from holding any hunting,
1fishing, or trapping approval under this chapter for a period of 5 years from the date
2of the court's order.
AB550,3,54
(1) This act takes effect on the first day of the 7th month beginning after
5publication.
