LRB-5331/1
CMH:cjs
2021 - 2022 LEGISLATURE
January 6, 2022 - Introduced by Representatives Ohnstad, McGuire, Andraca,
Sinicki, Emerson, Cabrera, Hebl, Moore Omokunde, Conley, Vruwink,
Snodgrass, Pope, Shelton, Considine, Subeck and Baldeh, cosponsored by
Senators Wirch, Agard, Carpenter, L. Taylor, Larson and Ringhand.
Referred to Committee on Criminal Justice and Public Safety.
AB817,1,2
1An Act to amend 948.60 (3) (c); and
to create 948.60 (3) (d) of the statutes;
2relating to: possession of a dangerous weapon by a person under the age of 18.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from possessing a short-barreled rifle or
shotgun. Any person who violates the prohibition is guilty of a Class H felony. A
“short-barreled rifle” is a rifle with a barrel that is less than 16 inches long or a rifle
that is less than 26 inches long, and a “short-barreled shotgun” is a shotgun with a
barrel that is less than 18 inches long or a shotgun that is less than 26 inches long.
Current law prohibits a person who is under 18 years old from possessing a
dangerous weapon, including a firearm. A person who violates the prohibition is
guilty of a Class A misdemeanor. Current law provides exceptions for a person under
18 years old if any of the following apply: the person is using the firearm for target
practice or for a course of instruction in how to use a firearm and the person is under
adult supervision, the person is a member of the armed forces or national guard and
is in the line of duty, or the dangerous weapon is a rifle or shotgun that is not a
short-barreled rifle or a short-barreled shotgun and the person is in compliance with
hunting laws.
This bill clarifies the last exception so that it applies only to a person under 18
who is legally hunting and who is in compliance with hunting laws. The bill further
clarifies that a person under 18 who violates the prohibition against possessing a
short-barreled rifle or shotgun voids the exceptions discussed above for target
practice or instruction or for hunting.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB817,1
1Section
1. 948.60 (3) (c) of the statutes is amended to read:
AB817,2,82
948.60
(3) (c) This section
applies only does not apply to a person under 18 years
3of age who possesses or is armed with a rifle or a shotgun if the person is
in violation
4of s. 941.28 or is not legally hunting and is in compliance with ss. 29.304 and 29.593.
5This section
applies only does not apply to an adult who transfers a firearm to a
6person under 18 years of age if the person under 18 years of age is
not legally hunting
7and is in compliance with ss. 29.304 and 29.593
or to an adult who is in violation of
8s. 941.28.
AB817,2
9Section
2. 948.60 (3) (d) of the statutes is created to read:
AB817,2,1410
948.60
(3) (d) This section applies to a person under 18 years of age, even if
11otherwise exempted under par. (a) or (c), if the person under 18 years of age is in
12violation of s. 941.28. This section applies to an adult who transfers a firearm to a
13person under 18 years of age, even if the adult is otherwise exempted under par. (a)
14or (c), if the firearm is prohibited under s. 941.28.
