AB846: Bill Text

LRB-1820/1

CMH:kjf

2015 - 2016 LEGISLATURE

2015 Assembly BILL 846

February 2, 2016 - Introduced by Representatives R. Brooks, Kremer, Born, Brandtjen, Craig, Edming, Gannon, Horlacher, Jacque, Kleefisch, T. Larson, Mursau, Neylon, Petersen, Quinn, Sanfelippo, Schraa and Skowronski, cosponsored by Senators Lazich, Gudex, LeMahieu, Nass and Stroebel. Referred to Committee on State Affairs and Government Operations.

AB846,1,4 An Act to renumber 943.13 (4m); to amend 175.60 (2g) (a), 175.60 (5) (a) 6. and 948.605 (2) (b) 1r.; and to create 943.13 (4m) (bm), 948.605 (1) (ak) and 948.605 (2m) of the statutes; relating to: possessing firearms on school grounds by persons with a license to carry a concealed weapon.

Analysis by the Legislative Reference Bureau

Current law prohibits a person from possessing a firearm on the grounds of a school. A person who violates this prohibition is guilty of a Class I felony. Under this bill, a person who has a license to carry a concealed weapon may possess a firearm on the grounds of a school but is prohibited from possessing a firearm in a building on the grounds of a school if instruction is provided to students in the building and if the building has signs posted at all entrances that notify the licensee not to enter or remain in the building while possessing a firearm. A licensee who violates the prohibition is guilty of a Class A misdemeanor unless the licensee has a malicious intent, in which case the licensee is guilty of a Class I felony.

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

AB846,1 Section 1. 175.60 (2g) (a) of the statutes is amended to read:

AB846,2,3 175.60 (2g) (a) A licensee or an out-of-state licensee may carry a concealed weapon anywhere in this state except as provided under subs. (15m) and (16) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r. (2m).

AB846,2 Section 2. 175.60 (5) (a) 6. of the statutes is amended to read:

AB846,2,9 175.60 (5) (a) 6. A statement of the places under sub. (16) where a licensee is prohibited from carrying a weapon, as well as an explanation of the provisions under sub. (15m) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r. (2m) 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.

AB846,3 Section 3. 943.13 (4m) of the statutes is renumbered 943.13 (4m) (am).

AB846,4 Section 4. 943.13 (4m) (bm) of the statutes is created to read:

AB846,2,13 943.13 (4m) (bm) Subsection (1m) (c) 2. and 4. does not apply to a licensee who is in or on the grounds of a school, as defined in s. 948.61 (1) (b).

AB846,5 Section 5. 948.605 (1) (ak) of the statutes is created to read:

AB846,2,16 948.605 (1) (ak) "Licensee" means a licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

AB846,6 Section 6. 948.605 (2) (b) 1r. of the statutes is amended to read:

AB846,2,20 948.605 (2) (b) 1r. Except if the person is in or on the grounds of a school, a A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

AB846,7 Section 7. 948.605 (2m) of the statutes is created to read:

AB846,3,5 948.605 (2m) Possession of firearm on school grounds by licensees. (a) No licensee may knowingly possess a firearm in a school building on the grounds of a school if instruction is provided to students in the building and if the school board of the school or district in which a public school is located, or a person who acts as the administrative head for a parochial, private, or tribal school or a charter school established under s. 118.40 (2r), whichever is applicable, has notified the licensee not to enter or remain in the building while possessing a firearm by posting a sign that is located in a prominent place near all of the entrances to the building and any licensee entering the building can be reasonably expected to see the sign.

AB846,3,6 (b) A licensee who violates par. (a) is guilty of one of the following:

AB846,3,7 1. A Class A misdemeanor.

AB846,3,9 2. If the licensee is possessing the firearm with malicious intent, a Class I felony.

AB846,3,10 (End)