LRB-5594/1
CMH:amn
2017 - 2018 LEGISLATURE
March 21, 2018 - Introduced by Representative Young. Referred to Committee on
Criminal Justice and Public Safety.
AB1042,1,3
1An Act to amend 938.78 (3) and 941.29 (1g) (a); and
to create 941.293 of the
2statutes;
relating to: banning detachable magazines that have a capacity of
3more than ten rounds of ammunition and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
The bill prohibits a person from selling, transporting, manufacturing,
possessing, or going armed with a detachable magazine that has a capacity of more
than ten rounds of ammunition for a firearm. A person who violates the prohibition
is guilty of a Class H felony.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1042,1
4Section
1. 938.78 (3) of the statutes is amended to read:
AB1042,2,175
938.78
(3) Release of information when escape or absence; rules. If a juvenile
6adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
7of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats.,
8or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats.,
1or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.26,
2941.28,
941.293, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03,
3943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05,
4948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has
5escaped from a juvenile correctional facility, residential care center for children and
6youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or
7juvenile portion of a county jail, or from the custody of a peace officer or a guard of
8such a facility, center, or jail, or has been allowed to leave a juvenile correctional
9facility, residential care center for children and youth, inpatient facility, juvenile
10detention facility, or juvenile portion of a county jail for a specified time period and
11is absent from the facility, center, home, or jail for more than 12 hours after the
12expiration of the specified period, the department of corrections or county
13department, whichever has supervision over the juvenile, may release the juvenile's
14name and any information about the juvenile that is necessary for the protection of
15the public or to secure the juvenile's return to the facility, center, home, or jail. The
16department of corrections shall promulgate rules establishing guidelines for the
17release of the juvenile's name or information about the juvenile to the public.
AB1042,2
18Section
2. 941.29 (1g) (a) of the statutes is amended to read:
AB1042,3,219
941.29
(1g) (a) “Violent felony" means any felony under s. 943.23 (1m), 1999
20stats., or s. 943.23 (1r), 1999 stats., this section, or s. 940.01, 940.02, 940.03, 940.05,
21940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21,
22940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305,
23940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.292,
941.293, 24941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32,
1943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06,
2948.07, 948.08, 948.085, or 948.30.
AB1042,3
3Section
3. 941.293 of the statutes is created to read:
AB1042,3,7
4941.293 Firearms; magazine capacity. (1) Whoever sells, transports,
5manufactures, possesses, or goes armed with a detachable magazine that has a
6capacity of more than 10 rounds of ammunition for a firearm is guilty of a Class H
7felony.
AB1042,3,10
8(2) Any person who, prior to the effective date of this subsection .... [LRB inserts
9date], possesses a magazine prohibited under sub. (1) shall dispose of the magazine
10in one of the following manners:
AB1042,3,1111
(a) Remove the magazine from the state.
AB1042,3,1212
(b) Sell the magazine to a licensed firearms dealer.
AB1042,3,1313
(c) Destroy the magazine.
AB1042,3,1414
(d) Surrender the magazine to a law enforcement agency for destruction.
AB1042,3,15
15(3) Subsection (1) does not apply to any of the following:
AB1042,3,1716
(a) A law enforcement officer who is authorized to carry a magazine prohibited
17under sub. (1) is the course and scope of his or her duties.
AB1042,3,2118
(b) An employee of a government agency that is charged with the enforcement
19of any law if the prohibited action is done in the discharge of his or her duties,
20authorized by the employing governmental agency, and within the course and scope
21of his or her duties.
AB1042,3,2222
(c) Any armed forces or national guard personnel while on official duty.
AB1042,4,2
1(1)
This act takes effect on the first day of the 6th month beginning after
2publication.
