CMH&PG:cjs:jf
2013 - 2014 LEGISLATURE
April 3, 2013 - Introduced by Representatives Pridemore, Thiesfeldt, T. Larson,
Brooks and Knodl. Referred to Committee on Judiciary.
AB118,1,4
1An Act to amend 119.04 (1) and 948.605 (2) (b) 1m.; and
to create 120.13 (35m),
2948.605 (2) (b) 1n., 948.605 (2) (b) 1o., 948.605 (2) (b) 1p. and 948.605 (2) (b) 1q.
3of the statutes;
relating to: exceptions to the prohibition against firearms in
4school zones.
Analysis by the Legislative Reference Bureau
Current law generally prohibits a person from possessing a firearm in a school
zone. Current law provides many exceptions including references to federal law that
exempt the following: a person on private property that is not part of school grounds;
a person who possesses the firearm for use in a program approved by a school in the
school zone; a person who possesses the firearm in accordance with a contract
entered into between a school in the school zone and the person or the person's
employer; a law enforcement officer acting in his or her official capacity; and a person
who possesses a firearm that is unloaded and who is traversing school premises to
gain access to lands open to hunting. This bill enumerates these exceptions in
statute versus using a reference to federal law.
The bill also explicitly permits a school board to enter into a contract with a
person, or a person's employer, that allows the person to possess a firearm in a school
zone.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB118,1
1Section
1. 119.04 (1) of the statutes is amended to read:
AB118,2,112
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
366.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
4115.345, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04,
5118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145
6(4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20,
7118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258,
8118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12
9(2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19),
10(26), (34), (35),
(35m), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are
11applicable to a 1st class city school district and board.
AB118,2
12Section
2. 120.13 (35m) of the statutes is created to read:
AB118,2,1513
120.13
(35m) Possession of a firearm. Enter into a contract with a person or
14the person's employer that allows the person to possess a firearm in a school zone,
15as provided in s. 948.605 (2) (b) 1o.
AB118,3
16Section
3. 948.605 (2) (b) 1m. of the statutes is amended to read:
AB118,2,1917
948.605
(2) (b) 1m. A person who possesses the firearm
in accordance with 18
18USC 922 (q) (2) (B) (i), (iv), (v), (vi), or (vii) on private property that is not part of
19school grounds.
AB118,4
20Section
4. 948.605 (2) (b) 1n. of the statutes is created to read:
AB118,2,2221
948.605
(2) (b) 1n. A person who possesses the firearm for use in a program
22approved by a school in the school zone.
AB118,5
23Section
5. 948.605 (2) (b) 1o. of the statutes is created to read:
AB118,3,3
1948.605
(2) (b) 1o. A person who possesses the firearm in accordance with a
2contract entered into between the governing body of a school in the school zone and
3the person or an employer of the person.
AB118,6
4Section
6. 948.605 (2) (b) 1p. of the statutes is created to read:
AB118,3,65
948.605
(2) (b) 1p. A law enforcement officer acting in his or her official
6capacity.
AB118,7
7Section
7. 948.605 (2) (b) 1q. of the statutes is created to read:
AB118,3,118
948.605
(2) (b) 1q. A person who possesses a firearm that is unloaded and who
9is traversing school premises for the purpose of gaining access to public or private
10lands open to hunting, if the entry on school premises is authorized by school
11authorities.
