AB406, s. 4 17Section 4. 941.236 of the statutes is created to read:
AB406,3,19 18941.236 Carrying handgun on premises of a gas station. (1) In this
19section:
AB406,3,2220 (a) "Correctional officer" means any person employed by the state or any
21political subdivision as a guard or officer whose principal duties are the supervision
22and discipline of inmates.
AB406,3,2323 (b) "Encased" has the meaning given in s. 167.31 (1) (b).
AB406,3,2524 (bm) "Gas station" means a business that sells, or offers to sell, gasoline or
25diesel fuel on site at retail.
AB406,4,1
1(c) "Handgun" has the meaning given in s. 175.35 (1) (b).
AB406,4,22 (d) "Private security person" has the meaning given in s. 440.26 (1m) (h).
AB406,4,33 (f) "Unloaded" means any of the following:
AB406,4,54 1. Having no shell or cartridge in the chamber of a handgun or in the magazine
5attached to a handgun.
AB406,4,66 2. For a caplock muzzle-loading handgun, having the cap removed.
AB406,4,87 3. For a flintlock muzzle-loading handgun, having the flashpan cleaned of
8powder.
AB406,4,10 9(2) Whoever intentionally goes armed with a handgun on any premises of a gas
10station is guilty of a Class I felony.
AB406,4,11 11(3) Subsection (2) does not apply to any of the following:
AB406,4,1212 (a) A peace officer.
AB406,4,1413 (am) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1.
14to 7. applies.
AB406,4,1515 (b) A correctional officer while going armed in the line of duty.
AB406,4,1716 (c) A member of the U.S. armed forces or national guard while going armed in
17the line of duty.
AB406,4,1818 (d) A private security person meeting all of the following criteria:
AB406,4,2019 1. The private security person is covered by a license or permit issued under
20s. 440.26.
AB406,4,2121 2. The private security person is going armed in the line of duty.
AB406,4,2322 3. The private security person is acting with the consent of a person specified
23in par. (e).
AB406,4,2524 (e) The owner or manager of the gas station, or any employee or agent
25authorized to possess a handgun by the owner or manager of the gas station.
AB406,5,2
1(f) The possession of a handgun that is unloaded and encased in a vehicle in any
2parking lot area.
AB406,5,5 3(4) The state does not have to negate any exception under sub. (3). Any party
4who claims an exception under sub. (3) is applicable has the burden of proving the
5exception by a preponderance of the evidence.
AB406, s. 5 6Section 5. 943.01 (2) (bm) of the statutes is created to read:
AB406,5,87 943.01 (2) (bm) The property damaged is part of a gas station, as defined in s.
8941.236 (1) (bm).
AB406, s. 6 9Section 6. 943.13 (1m) (c) 2. of the statutes, as created by 2011 Wisconsin Act
1035
, is amended to read:
AB406,5,2211 943.13 (1m) (c) 2. While carrying a firearm, enters or remains in any part of
12a nonresidential building, grounds of a nonresidential building, or land that the actor
13does not own or occupy after the owner of the building, grounds, or land, if that part
14of the building, grounds, or land has not been leased to another person, or the
15occupant of that part of the building, grounds, or land has notified the actor not to
16enter or remain in that part of the building, grounds, or land while carrying a firearm
17or with that type of firearm. This subdivision does not apply to the premises of a gas
18station under s. 941.236,
to a part of a building, grounds, or land occupied by the state
19or by a local governmental unit, to a privately or publicly owned building on the
20grounds of a university or college, or to the grounds of or land owned or occupied by
21a university or college, or, if the firearm is in a vehicle driven or parked in the parking
22facility, to any part of a building, grounds, or land used as a parking facility.
AB406, s. 7 23Section 7. 943.20 (3) (d) 2. of the statutes is created to read:
AB406,5,2524 943.20 (3) (d) 2. The property is taken from a gas station, as defined in s.
25941.236 (1) (bm).
AB406, s. 8
1Section 8. Effective date.
AB406,6,42 (1) The treatment of sections 175.60 (2g) (a), 941.236 (3) (am), and 943.13 (1m)
3(c) 2. of the statutes takes effect on November 1, 2011, or on the day after publication,
4whichever is later.
AB406,6,55 (End)
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