An Act to repeal 23.33 (3)(e), 29.089, (2), 941.23, 941.235, 941.237, 941.24; to amend 939.22(10), to repeal and recreate 948.605, 167.31(4); relating to: the common law right and the Wisconsin and United States constitutionally recognized rights to carry and use a weapon for security or defense.
LRB Analysis
The people of the state of Wisconsin, represented in the senate and assemble, do enact as follows.
Section 1. 23.33 (3)(e) of the statutes is repealed.
Section 2. 29.089 (2) of the statutes is repealed.
Section 3. 167.31(4) of the statutes is repealed and recreated to read:
167.314(4)EXCEPTIONS. (a) Subsections (2) and (3) do not apply to any of the following who place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
1. A private citizen who meets all of the following:
a. is at least 18 years of age
b. Is not a felon in this state or in another state of a crime that would be a felony if committed in this state
c. Is not judged mentally incompetent in a court of law.
d. Is not convicted of a crime of domestic violence.
e. Is not convicted of habitual substance abuse (3 occasions).
f. Is not convicted of stalking.
g. Is not declared a sexual predator.
1.1. paragraph 1 above does not apply to any person arrested in the process of shooting at or killing of state wildlife.
2. A member of the U.S. armed forces.
3. A member of the national guard.
4. A private security person who meets all of the following
requirements:
a. He or she holds either a private detective license issued
under s. 440.26 (2) (a) 2. or a private security permit issued under
s. 440.26 (5).
b. He or she holds a certificate of proficiency to carry a firearm
issued by the department of regulation and licensing.
c. He or she is performing his or her assigned duties or responsibilities.
d. He or she is wearing a uniform that clearly identifies him
or her as a private security person.
e. His or her firearm is in plain view, as defined by rule by the
department of regulation and licensing.
(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 in, on or from a vehicle, motorboat or aircraft or
discharges a firearm from or across a highway or within 50 feet of
the center of a roadway.
2. Subsection (2) (b) does not apply to a peace officer who
places, possesses or transports a firearm in or on a vehicle, motorboat
or aircraft while in the line of duty.
(b) Subsections (2) (a), (b) and (c), (3) (a) and (b), and (3m) do
not apply to the holder of a scientific research license under s.
169.25 or a scientific collector permit under s. 29.614 who is using
a net gun or tranquilizer gun in an activity related to the purpose
for which the license or permit was issued.
(bg) 1. Subsection (2) (a), (b), (c), and (d) does not apply to
a state employee or agent, or to a federal employee or agent, who
is acting within the scope of his or her employment or agency, who
is authorized by the department of natural resources to take animals
in the wild for the purpose of controlling the spread of disease
in animals and who is hunting in an area designated by the
department of natural resources as a chronic wasting disease eradication
zone, except that this subdivision does not authorize the
discharge of a firearm or the shooting of a bolt or arrow from a bow
or crossbow across a state trunk highway, county trunk highway,
or paved town highway.
1g. Subsection (2) (b) and (c) does not apply to a landowner,
a family member of the landowner, or an employee of the landowner
who is using a firearm, bow, or crossbow to shoot wild animals
from a farm tractor or an implement of husbandry on the
landowner’s land that is located in an area designated by the
department of natural resources as a chronic wasting disease eradication
zone.
Section 4. 941.23 of the statutes is repealed.
Section 5. 941.235 of the statutes is repealed.
Section 6. 941.237 of the statutes is repealed.
Section 7. 941.24 of the statutes is repealed.
Section 8. 939.22 (10) of the statutes is amended to read:
(10) “Dangerous weapon” means any loaded firearm; any device designed as a weapon and capable
of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; any electric weapon, as defined in s. 941.295 (4); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.
Section 9. 948.605 of the statues is repealed and recreated to read:
948.605 Firearms and school zones
(1) DEFINITIONS. In this section:
(a) “Firearm” does not include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.
(b) “School” has the meaning given in s. 948.61 (1)(b).
(c) “School zone” means in or on the grounds of a school.
(2) COMMISSION OF A CRIME IN A SCHOOL ZONE.
(a) Any individual who uses a firearm in commission of a crime in a school zone is guilty of a Class I felony.
(3) Establishment of individual licensure.
In consideration that the right to keep and bear arms is protected and reserved to the people in Article I, section 25, of the Wisconsin constitution and by the second amendment of the United States constitution, a person who has not been convicted of a violent, felony crime and who is lawfully able to own or to possess a firearm under the Wisconsin constitution is considered to be individually licensed and verified by the state of Wisconsin within the meaning of the Provisions regarding individual licensure and verification in the federal Gun-Free School Zones Act.
