This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-2535/1
PJH:jld/sac/kjf
2015 - 2016 LEGISLATURE
June 18, 2015 - Introduced by Senator Harris Dodd, cosponsored by
Representatives Johnson, Barnes, Goyke, Subeck, Berceau, Kolste,
Genrich, Quinn, Hesselbein, Young and Bowen. Referred to Committee on
Judiciary and Public Safety.
SB199,1,5 1An Act to repeal 941.29 (2); to amend 813.12 (2) (c) 1., 813.122 (2) (b) 1., 813.123
2(5) (a) 2. a., 813.125 (4) (a) 2. a., 938.341, 941.29 (1), 941.29 (3), 941.29 (4), 971.17
3(1g) and 973.176 (1); and to create 941.29 (1) (bt) and 941.29 (1) (bx) of the
4statutes; relating to: possession of firearms by individuals who commit
5multiple or violent misdemeanor offenses and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from possessing a firearm if he or she has been
convicted of a felony, found not guilty of a felony by reason of mental disease or defect,
or adjudicated delinquent for an act that if committed by an adult in this state would
be a felony.
Under this bill, a person may not possess a firearm for ten years following his
or her most recent criminal conviction if either of the following is true: the person
was convicted of three or more misdemeanors within a five-year period; or the person
was convicted of a violent misdemeanor. A person who violates the prohibition is
guilty of a felony and is subject to a fine of up to $25,000 or a term of imprisonment
of up to ten years, or both.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB199,1 1Section 1. 813.12 (2) (c) 1. of the statutes is amended to read:
SB199,2,32 813.12 (2) (c) 1. Notice of the requirements and penalties under s. 941.29 (1)
3(f) and (2) (e) and notice of any similar applicable federal laws and penalties.
SB199,2 4Section 2. 813.122 (2) (b) 1. of the statutes is amended to read:
SB199,2,65 813.122 (2) (b) 1. Notice of the requirements and penalties under s. 941.29 (1)
6(f) and (2) (e) and notice of any similar applicable federal laws and penalties.
SB199,3 7Section 3. 813.123 (5) (a) 2. a. of the statutes is amended to read:
SB199,2,98 813.123 (5) (a) 2. a. Notice of the requirements and penalties under s. 941.29
9(1) (g) and (2) (d) and notice of any similar applicable federal laws and penalties.
SB199,4 10Section 4. 813.125 (4) (a) 2. a. of the statutes is amended to read:
SB199,2,1211 813.125 (4) (a) 2. a. Notice of the requirements and penalties under s. 941.29
12(1) (g) and (2) (d) and notice of any similar applicable federal laws and penalties.
SB199,5 13Section 5. 938.341 of the statutes is amended to read:
SB199,2,18 14938.341 Delinquency adjudication; restriction on firearm possession.
15Whenever a court adjudicates a juvenile delinquent for an act that if committed by
16an adult in this state would be a felony, or would be a misdemeanor that would
17subject the defendant to the prohibition under s. 941.29 (1) (bt)
, the court shall
18inform the juvenile of the requirements and penalties under s. 941.29.
SB199,6 19Section 6. 941.29 (1) of the statutes is amended to read:
SB199,3,3
1941.29 (1) A person is subject to the requirements and penalties of this section
2if he or she has been
who possesses a firearm is guilty of a Class G felony if any of
3the following applies
:
SB199,3,44 (a) Convicted The person has been convicted of a felony in this state.
SB199,3,65 (b) Convicted The person has been convicted of a crime elsewhere that would
6be a felony if committed in this state.
SB199,3,97 (bm) Adjudicated The person has been adjudicated delinquent for an act
8committed on or after April 21, 1994, that if committed by an adult in this state would
9be a felony.
SB199,3,1110 (c) Found The person has been found not guilty of a felony in this state by reason
11of mental disease or defect.
SB199,3,1412 (d) Found The person has been found not guilty of or not responsible for a crime
13elsewhere that would be a felony in this state by reason of insanity or mental disease,
14defect or illness.
SB199,3,1715 (e) Committed The person has been committed for treatment under s. 51.20 (13)
16(a) and ordered is subject to an order not to possess a firearm under s. 51.20 (13) (cv)
171., 2007 stats.
SB199,3,1918 (em) Ordered The person is subject to an order not to possess a firearm under
19s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).
SB199,3,2520 (f) Enjoined under The person is subject to an injunction issued under s. 813.12
21or 813.122 or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
22established by any federally recognized Wisconsin Indian tribe or band, except the
23Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
24or she is subject to the requirements and penalties under this section and that has
25been filed under s. 806.247 (3).
SB199,4,2
1(g) Ordered The person is subject to an order not to possess a firearm under s.
2813.123 (5m) or 813.125 (4m).
SB199,7 3Section 7. 941.29 (1) (bt) of the statutes is created to read:
SB199,4,84 941.29 (1) (bt) The person has been convicted of a misdemeanor under s.
5813.12, 813.122, 813.125, 940.19 (1), 940.195, 940.42, 940.44, 941.20 (1), 941.235,
6941.26, 941.38 (3), 941.39, 947.013, 948.55, 951.02, 951.08, 951.09, or 951.095 and
7not more than 10 years have passed since the date of his or her most recent
8conviction.
SB199,8 9Section 8. 941.29 (1) (bx) of the statutes is created to read:
SB199,4,1210 941.29 (1) (bx) The person has been convicted of 3 or more misdemeanors
11arising from separate occurrences within a 5-year period and not more than 10 years
12have passed since the date of his or her most recent conviction.
SB199,9 13Section 9. 941.29 (2) of the statutes is repealed.
SB199,10 14Section 10. 941.29 (3) of the statutes is amended to read:
SB199,4,1615 941.29 (3) Any firearm involved in an offense under sub. (2) this section is
16subject to s. 968.20 (3).
SB199,11 17Section 11. 941.29 (4) of the statutes is amended to read:
SB199,4,2018 941.29 (4) A person is concerned with the commission of a crime, as specified
19in s. 939.05 (2) (b), in violation of this section if he or she knowingly furnishes a person
20with a firearm in violation of sub. (2) this section.
SB199,12 21Section 12. 971.17 (1g) of the statutes is amended to read:
SB199,5,222 971.17 (1g) Notice of restriction on firearm possession. If the defendant
23under sub. (1) is found not guilty of a felony, or a misdemeanor that would subject
24the defendant to the prohibition under s. 941.29 (1) (bt),
by reason of mental disease

1or defect, the court shall inform the defendant of the requirements and penalties
2under s. 941.29.
SB199,13 3Section 13. 973.176 (1) of the statutes is amended to read:
SB199,5,84 973.176 (1) Firearm possession. Whenever a court imposes a sentence or
5places a defendant on probation regarding a felony conviction, or regarding a
6misdemeanor conviction if the conviction would subject the defendant to the
7prohibition under s. 941.29 (1) (bt)
, the court shall inform the defendant of the
8requirements and penalties under s. 941.29.
SB199,5,99 (End)
Loading...
Loading...