AB633: Bill Text

AB633,9,3 29.621 (4) Protection. (intro.) Except as provided in s. 29.091 (1), no owner of a wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or have in his or her possession or under his or her control in the wildlife refuge a gun, firearm, airgun, bow, or crossbow, unless the gun or, firearm, or airgun is unloaded, the bow or crossbow is unstrung, and the gun, firearm, airgun, bow, or crossbow is enclosed within a carrying case. This subsection, as it relates to the possession or control of a loaded or unencased firearm or airgun, does not apply to any of the following:

AB633,29 Section 29 . 29.927 (6g) of the statutes is amended to read:

AB633,9,7 29.927 (6g) Any lamp, light, gun, firearm, airgun, ammunition, bow, crossbow, bolt, or arrow used in violation of this chapter or s. 167.31 or any rules promulgated under s. 167.31.

AB633,30 Section 30 . 29.971 (12) of the statutes is amended to read:

AB633,9,19 29.971 (12) In addition to any other penalty for violation of this chapter or any department order made under this chapter, the court may revoke any or all approvals granted under this chapter for a period of up to 3 years. If a person is convicted of reckless or highly negligent conduct in the operation or handling of a firearm, airgun, or bow and arrow in violation of s. 940.08, 940.24, or 941.20 and either death or bodily harm to another results from that violation, the court shall revoke every approval issued to that person under this chapter and shall provide a fixed period during which no new approval may be issued to the person. If no death or bodily harm to another results from the violation, the court may revoke any approval issued to that person under this chapter and may provide a fixed period during which no new approval may be issued to the person.

AB633,31 Section 31 . 66.0409 (1) (a) of the statutes is amended to read:

AB633,9,22 66.0409 (1) (a) “Firearm" has the meaning given in s. 167.31 (1) (c) and includes an airgun, as defined in s. 29.001 (7).

AB633,32 Section 32. 167.31 (1) (am) of the statutes is created to read:

AB633,9,24 167.31 (1) (am) “Airgun” has the meaning given in s. 29.001 (7).

AB633,33 Section 33. 167.31 (2) (c) of the statutes is amended to read:

AB633,10,3 167.31 (2) (c) Except as provided in sub. (4), no person may load a firearm, other than a handgun, in a vehicle or discharge a firearm or airgun or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.

AB633,34 Section 34. 167.31 (2) (d) of the statutes is amended to read:

AB633,10,7 167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), (fm), and (g), no person may discharge a firearm or airgun or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

AB633,35 Section 35. 167.31 (3) (b) of the statutes is amended to read:

AB633,10,11 167.31 (3) (b) Except as provided in sub. (4), no person may load or discharge a firearm or airgun or shoot a bolt or an arrow from a bow or crossbow in or from an aircraft.

AB633,36 Section 36. 167.31 (3m) (a) of the statutes is amended to read:

AB633,10,14 167.31 (3m) (a) Except as provided in sub. (4) (b) and (h), no person may intentionally discharge a firearm or airgun in the direction of a transmission facility.

AB633,37 Section 37. 167.31 (4) (a) (intro.) of the statutes is amended to read:

AB633,10,19 167.31 (4) (a) (intro.) Subsections (2) and (3) do not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm or airgun in, on or from a vehicle, motorboat or aircraft or discharge a firearm or airgun from or across a highway or within 50 feet of the center of a roadway:

AB633,38 Section 38. 167.31 (4) (am) 1. of the statutes is amended to read:

AB633,10,24 167.31 (4) (am) 1. Subsections (2) (a), (c) and (d) and (3) (a) and (b) do not apply to a peace officer who, in the line of duty, loads or discharges a firearm or airgun in, on or from a vehicle, motorboat or aircraft or discharges a firearm or airgun from or across a highway or within 50 feet of the center of a roadway.

AB633,39 Section 39. 167.31 (4) (at) of the statutes is amended to read:

AB633,11,4 167.31 (4) (at) Subsections (2) (c) and (d) and (3) (b) do not apply to the discharge of a firearm or airgun if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s. 939.45.

AB633,40 Section 40. 167.31 (4) (cg) (intro.) of the statutes is amended to read:

AB633,11,9 167.31 (4) (cg) (intro.) A holder of a Class A or Class B permit under s. 29.193 (2) who is hunting from a stationary vehicle may load and discharge a firearm or airgun or shoot a bolt or an arrow within 50 feet of the center of a roadway if all of the following apply:

AB633,41 Section 41. 167.31 (4) (cg) 4. of the statutes is amended to read:

AB633,11,13 167.31 (4) (cg) 4. The holder of the permit has obtained permission from any person who is the owner or lessee of private property across or on to which the holder of the permit intends to discharge a firearm or airgun or shoot a bolt or an arrow.

AB633,42 Section 42. 167.31 (4) (cg) 6. of the statutes is amended to read:

AB633,11,16 167.31 (4) (cg) 6. The holder of the permit discharges the firearm or airgun or shoots the bolt or arrow away from and not across or parallel to the roadway.

AB633,43 Section 43. 167.31 (4) (e) of the statutes is amended to read:

AB633,11,21 167.31 (4) (e) Subsection (2) (d) does not apply to a person who is legally hunting small game with a muzzle-loading firearm or with a shotgun firearm or airgun loaded with shotshell or chilled shot number BB or smaller, if the surface of the highway or roadway is anything other than concrete or blacktop.

AB633,44 Section 44. 167.31 (4) (f) of the statutes is amended to read:

AB633,11,25 167.31 (4) (f) Subsection (2) (d) does not prohibit a person from possessing a loaded firearm or airgun within 50 feet of the center of a roadway if the person does not violate sub. (2) (b) or (c).

AB633,45 Section 45. 167.31 (4) (fm) of the statutes is amended to read:

AB633,12,7 167.31 (4) (fm) Subsection (2) (d) does not prohibit the department of natural resources, acting under s. 29.885, or an agent of a city, village, town, or county authorized by the department of natural resources under s. 29.885 from discharging a firearm or airgun within 50 feet of the center of a roadway in order to dispose of a beaver or muskrat that is causing damage to a highway in which the roadway is located if the discharge does not pose a risk to public safety.

AB633,46 Section 46. 167.31 (4) (h) (intro.) of the statutes is amended to read:

AB633,12,10 167.31 (4) (h) (intro.) Subsection (3m) does not apply to any of the following who discharge a firearm or airgun in the direction of a transmission facility:

AB633,47 Section 47 . Nonstatutory provisions.

AB633,12,20 (1) The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules under s. 29.014 (1u) (b) for the period before the date on which permanent rules under s. 29.014 (1u) (b) take effect. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until the permanent rules take effect. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not required to provide evidence that promulgating rules under this subsection as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for rules promulgated under this subsection.

AB633,12,21 (End)