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LRB-5569/1
CMH:klm
2019 - 2020 LEGISLATURE
February 20, 2020 - Introduced by Senators Erpenbach, Smith, Carpenter, L.
Taylor
, Risser and Larson, cosponsored by Representatives Hesselbein,
Subeck, Stubbs, C. Taylor, Sargent, Hebl, Anderson, Brostoff, Kolste,
Zamarripa, Pope, Sinicki and Emerson. Referred to Committee on Judiciary
and Public Safety.
SB862,1,4 1An Act to amend 939.6195 (1) (a) 1. and 941.291 (1) (b); and to create 941.293
2of the statutes; relating to: prohibition against undetectable firearms,
3possessing a frame or receiver of a firearm without a serial number, and
4providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits the manufacture, transportation, sale, possession, and
carrying of firearms that cannot be detected by metal detectors or airport x-ray
machines or scanners. A person who violates the prohibition is guilty of a Class G
felony.
This bill also prohibits the sale, posting, provision, or possession of plans for
manufacturing an undetectable firearm. A person who violates the prohibition is
guilty of a Class H felony.
Finally, the bill prohibits the possession of a frame or a receiver of a firearm that
is not marked with a serial number. A person who violates the prohibition is guilty
of a Class I felony.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB862,1
1Section 1. 939.6195 (1) (a) 1. of the statutes is amended to read:
SB862,2,22 939.6195 (1) (a) 1. A violation of s. 941.29 or, 941.2905, or 941.293.
SB862,2 3Section 2. 941.291 (1) (b) of the statutes is amended to read:
SB862,2,144 941.291 (1) (b) “Violent felony" means any felony, or the solicitation, conspiracy,
5or attempt to commit any felony, under s. 943.23 (1m) or (1r), 1999 stats., or s. 940.01,
6940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20,
7940.201, 940.203, 940.21, 940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30,
8940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29,
9941.293, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06,
10943.10 (2), 943.23 (1g), 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87,
11943.88, 943.89, 943.90, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04,
12948.05, 948.06, 948.07, 948.08, 948.085, or 948.30; or, if the victim is a financial
13institution, as defined in s. 943.80 (2), a felony, or the solicitation, conspiracy, or
14attempt to commit a felony under s. 943.84 (1) or (2).
SB862,3 15Section 3. 941.293 of the statutes is created to read:
SB862,2,17 16941.293 Undetectable firearms; serial numbers on firearm
17components.
(1) In this section:
SB862,2,1918 (a) “Major component” means the barrel, the slide or cylinder, or the frame or
19receiver of a firearm.
SB862,2,2020 (b) “Undetectable firearm” means any of the following:
SB862,2,2221 1. A firearm that, after the removal of grips, stocks, and magazines, is not
22detectable by a metal detector.
SB862,2,2523 2. A firearm if any major component of it does not generate an image that
24accurately depicts the shape of the component when subject to inspection by security
25scanners, x-ray machines, or other security devices commonly used at airports.
SB862,3,2
1(2) (a) 1. Whoever sells, offers to sell, transfers, transports, manufactures,
2possesses, or goes armed with an undetectable firearm is guilty of a Class G felony.
SB862,3,53 2. Whoever sells, offers to sell, transfers, posts, provides to another, or
4possesses plans for manufacturing an undetectable firearm is guilty of a Class H
5felony.
SB862,3,96 (b) Paragraph (a) does not apply to a person who is licensed to manufacture
7undetectable firearms while on official duty. Paragraph (a) 1. does not apply to a law
8enforcement officer while on official duty or to armed forces or national guard
9personnel while on official duty.
SB862,3,12 10(3) (a) Whoever possesses a frame or a receiver of a firearm that is not attached
11to a firearm and that is not marked or engraved with a serial number is guilty of a
12Class I felony.
SB862,3,1613 (b) Paragraph (a) does not apply to a firearm frame or receiver manufactured
14before 1968, a person who is licensed to manufacture undetectable firearms while on
15official duty, a law enforcement officer while on official duty, or armed forces or
16national guard personnel while on official duty.
SB862,3,1717 (End)
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