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LRB-4759/1
CMH:klm
2021 - 2022 LEGISLATURE
October 14, 2021 - Introduced by Senators Felzkowski, Stafsholt, Bradley,
Jacque, Jagler, Stroebel and Testin, cosponsored by Representatives
Brooks, Dallman, Callahan, Allen, Brandtjen, Cabral-Guevara, Duchow,
Edming, Horlacher, James, Knodl, Macco, Magnafici, Moses, Mursau,
Penterman, Skowronski, Sortwell, Summerfield, Swearingen, Thiesfeldt,
VanderMeer, Krug and Wichgers. Referred to Committee on Insurance,
Licensing and Forestry.
SB619,2,5 1An Act to repeal 23.33 (3c), 29.089 (2), 29.091 (2), 29.621 (4) (a) to (d), 167.31
2(1) (cm) and (2) (a) and (b), 167.31 (3) (a) 2., 167.31 (4) (ag), 167.31 (4) (am) 2.
3and 3., 167.31 (4) (bg), (bn) and (bt), 167.31 (4) (cm) and (d), 173.07 (5) (b), 175.60
4(1) (dm) and (h), 175.60 (2g), 175.60 (2m) (bm), 175.60 (11) (b) 2., 3. and 4.,
5175.60 (16), 175.60 (17) (a), (ac) and (b), 440.26 (3m), 941.23, 941.235, 941.237
6(1) (a) to (dr) and (em) to (g), 941.237 (3), 948.605 (1) (ag) and (ar) and 973.137
7(1); to renumber 175.60 (12) (b) 1. a. and b. and 943.13 (4m) (am); to renumber
8and amend
29.091 (1), 29.621 (4) (intro.), 167.31 (4) (am) 1., 175.60 (11) (b) 1.,
9175.60 (12) (b) 2., 175.60 (15m), 175.60 (21) (c) and 943.13 (4m) (bm); to
10consolidate, renumber and amend
167.31 (3) (a) (intro.) and 1. and 941.237
11(1) (intro.) and (e); to amend 29.301 (1) (b), 29.314 (3) (title) and (a) and (4)
12(title) and (a), 110.07 (1) (a) 1. and 3. and (b), 167.31 (2) (c), 167.31 (2) (d), 167.31
13(2) (e), 167.31 (4) (a) (intro.), 167.31 (4) (b), 167.31 (4) (c) and (cg) (intro.), 167.31
14(4) (f), (i) and (j), 175.60 (2) (c), 175.60 (2m) (a), 175.60 (5) (a) (intro.), 175.60 (5)

1(a) 6., 175.60 (12) (a), 345.11 (1s), 345.20 (2) (f), 938.34 (14q), 938.78 (3), 939.632
2(1) (e) 3., 941.237 (2), 941.295 (2g) (c), 941.299 (1) (a), 943.13 (1m) (c) 4., 948.605
3(2) (b) 2d., 2f. and 2h. and (3) (b) 5., 6. and 7. and 968.255 (1) (a) 2.; and to create
466.0409 (2m), 167.31 (4) (a) 1. and 943.13 (1p) of the statutes; relating to: right
5to carry a weapon in this state.
Analysis by the Legislative Reference Bureau
Current law generally prohibits an individual from carrying a concealed
weapon unless the individual has either a license to carry a concealed weapon that
is issued by the Department of Justice or a law enforcement identification card
indicating that he or she is a qualified current or former law enforcement officer. This
bill eliminates the general prohibition against going armed with a concealed weapon
without regard to whether the individual has such a license or card.
The bill maintains the option to have a license to carry a concealed weapon or
a law enforcement identification card so that licensees or card holders may carry a
concealed firearm in other states that require licensure and so that they do not
violate federal law when possessing a firearm in a school zone. The federal gun-free
school zone law generally prohibits the possession of a firearm in a school zone but
exempts an individual who is licensed to possess a firearm by the state in which the
school zone is located if the license involves a background check on the individual.
The bill does not change the current state gun-free school zone law that allows a
licensee to carry a firearm in a school zone anywhere but on school grounds and
allows a person who has a law enforcement identification card to carry anywhere in
a school zone.
The bill eliminates the general prohibition against carrying a firearm in certain
buildings, such as a police station, a house of correction, or a secure mental health
facility, but allows the appropriate entity to post the buildings against carrying a
firearm. A person who violates the posting is guilty of criminal trespass. The bill
eliminates the general prohibition against carrying a firearm in a tavern, but
prohibits a person from consuming alcohol if carrying a firearm in a tavern. The
tavern owner may post the tavern against carrying a firearm, and a person who
violates the posting is guilty of criminal trespass. The bill also eliminates a
prohibition on loading a firearm in a vehicle; under current law, the only exception
to this prohibition is for a handgun. The bill expressly prohibits a local government
from prohibiting persons from carrying a firearm or knife on a vehicle that is part
of a mass public transportation system.
This bill also eliminates the prohibitions against carrying a firearm, bow, or
crossbow in a wildlife refuge and eliminates the prohibitions against carrying a
firearm, bow, or crossbow while engaging in certain activities, such as operating an
all-terrain vehicle. In addition, current law prohibits an individual from shining

wildlife while the individual is hunting or possessing a firearm, bow and arrow, or
crossbow. This bill maintains that the individual may not shine wildlife while
hunting but eliminates the prohibition on shining while possessing a firearm, bow
and arrow, or crossbow.
For further information see the state 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:
SB619,1 1Section 1. 23.33 (3c) of the statutes is repealed.
SB619,2 2Section 2. 29.089 (2) of the statutes is repealed.
SB619,3 3Section 3. 29.091 (1) of the statutes is renumbered 29.091 and amended to
4read:
SB619,3,12 529.091 Hunting or trapping in wildlife refuge. No person may hunt or trap
6within any wildlife refuge established under s. 23.09 (2) (b) or 29.621 (1), or, except
7as provided in sub. (2), have possession or control of any gun, firearm, bow or
8crossbow unless the gun or firearm is unloaded, the bow or crossbow is unstrung and

9the gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of
10predatory game birds and animals shall be done as the department directs. All state
11wildlife refuge boundary lines shall be marked by posts placed at intervals of not over
12500 feet and bearing signs with the words “Wisconsin Wildlife Refuge".
SB619,4 13Section 4. 29.091 (2) of the statutes is repealed.
SB619,5 14Section 5 . 29.301 (1) (b) of the statutes is amended to read:
SB619,3,1815 29.301 (1) (b) No person may hunt within 1,700 1,000 feet of any hospital,
16sanatorium, or the grounds of any school. The department may designate the form
17for or furnish signs designating the restricted area. No person may be convicted of
18a violation of this paragraph unless the restricted area is designated by the signs.
SB619,6
1Section 6. 29.314 (3) (title) and (a) and (4) (title) and (a) of the statutes are
2amended to read:
SB619,4,63 29.314 (3) (title) Shining deer, elk, or bear while hunting or possessing
4weapons
prohibited. (a) Prohibition. No person may use or possess with intent to
5use a light for shining deer, elk, or bear while the person is hunting deer, elk, or bear
6or in possession of a firearm, bow and arrow, or crossbow.
SB619,4,10 7(4) (title) Shining wild animals while hunting or possessing weapons
8prohibited.
(a) Prohibition. No person may use or possess with intent to use a light
9for shining wild animals while the person is hunting or in possession of a firearm,
10bow and arrow or crossbow
.
SB619,7 11Section 7. 29.621 (4) (intro.) of the statutes is renumbered 29.621 (4) and
12amended to read:
SB619,4,1913 29.621 (4) Protection. Except as provided in s. 29.091 (1), no owner of a
14wildlife refuge, and no other person, may hunt or trap within the boundaries of any
15wildlife refuge or have in his or her possession or under his or her control in the
16wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded,
17the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
18within a carrying case. This subsection, as it relates to the possession or control of
19a loaded or unencased firearm, does not apply to any of the following:
.
SB619,8 20Section 8. 29.621 (4) (a) to (d) of the statutes are repealed.
SB619,9 21Section 9 . 66.0409 (2m) of the statutes is created to read:
SB619,4,2422 66.0409 (2m) No political subdivision or other person may prohibit individuals
23from going armed with a firearm or knife on a vehicle that is part of a public mass
24transportation system.
SB619,10 25Section 10 . 110.07 (1) (a) 1. and 3. and (b) of the statutes are amended to read:
SB619,5,4
1110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and
2chs. 194, 218, 341 to 349 and 351, and ss. 23.33, 23.335, 125.07 (4) (b), 125.085 (3)
3(b), 167.31 (2) (b) to (c) and (d) and 287.81 and ch. 350 where applicable to highways,
4or orders or rules issued pursuant thereto.
SB619,5,95 3. Have authority to enter any place where vehicles subject to this chapter, ss.
6167.31 (2) (b) to (c) and (d) and 287.81 and chs. 194, 218 and 341 to 350 are stored
7or parked at any time to examine such vehicles, or to stop such vehicles while en route
8at any time upon the public highways to examine the same and make arrests for all
9violations thereof.
SB619,5,1410 (b) All municipal judges, judges, district attorneys and law enforcement officers
11shall assist in enforcing this chapter, ss. 167.31 (2) (b) to (c) and (d) and 287.81 and
12chs. 194, 218 and 341 to 351, and orders or rules issued pursuant thereto and shall
13report to the department the disposition of every uniform traffic citation issued for
14cases involving those chapters.
SB619,11 15Section 11. 167.31 (1) (cm) and (2) (a) and (b) of the statutes are repealed.
SB619,12 16Section 12. 167.31 (2) (c) of the statutes is amended to read:
SB619,5,1917 167.31 (2) (c) Except as provided in sub. (4), no person may load a firearm, other
18than a handgun, in a vehicle or
discharge a firearm or shoot a bolt or an arrow from
19a bow or crossbow in or from a vehicle.
SB619,13 20Section 13. 167.31 (2) (d) of the statutes, as affected by 2021 Wisconsin Act 62,
21is amended to read:
SB619,5,2422 167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), (fm), and (g), no
23person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow
24from or across a highway or within 50 feet of the center of a roadway.
SB619,14 25Section 14. 167.31 (2) (e) of the statutes is amended to read:
SB619,6,2
1167.31 (2) (e) A person who violates pars. (a) to par. (c) or (d) is subject to a
2forfeiture of not more than $100.
SB619,15 3Section 15 . 167.31 (3) (a) (intro.) and 1. of the statutes are consolidated,
4renumbered 167.31 (3) (a) and amended to read:
SB619,6,85 167.31 (3) (a) Except as provided in sub. (4), no person may do any of the
6following: 1. Place
place, possess, or transport a firearm, bow, or crossbow in or on
7a commercial aircraft, unless the firearm is unloaded and encased or unless the bow
8or crossbow is unstrung or is enclosed in a carrying case.
SB619,16 9Section 16. 167.31 (3) (a) 2. of the statutes is repealed.
SB619,17 10Section 17. 167.31 (4) (a) (intro.) of the statutes is amended to read:
SB619,6,1511 167.31 (4) (a) (intro.) Subsections The prohibitions in subs. (2) and (3) do not
12apply to any of the following who, are acting in the line of duty, place, possess,
13transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft
14or discharge a firearm from or across a highway or within 50 feet of the center of a
15roadway
:
SB619,18 16Section 18. 167.31 (4) (a) 1. of the statutes is created to read:
SB619,6,1717 167.31 (4) (a) 1. A peace officer.
SB619,19 18Section 19. 167.31 (4) (ag) of the statutes is repealed.
SB619,20 19Section 20 . 167.31 (4) (am) 1. of the statutes is renumbered 167.31 (4) (am)
20and amended to read:
SB619,6,2421 167.31 (4) (am) Subsections (2) (a), (c) and (d) and (3) (a) and (b) do not apply
22to a peace officer who, in the line of duty, loads or discharges a firearm in, on, or from
23a vehicle, motorboat or aircraft or discharges a firearm from or across a highway or
24within 50 feet of the center of a roadway.
SB619,21 25Section 21 . 167.31 (4) (am) 2. and 3. of the statutes are repealed.
SB619,22
1Section 22. 167.31 (4) (b) of the statutes is amended to read:
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