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LRB-0984/1
CMH:ahe
2019 - 2020 LEGISLATURE
September 5, 2019 - Introduced by Representatives Subeck, Sargent, C. Taylor,
Anderson, Crowley, Emerson, Kolste, Ohnstad and Sinicki, cosponsored by
Senators L. Taylor, Risser, Johnson and Larson. Referred to Committee on
Children and Families.
AB417,1,3 1An Act to amend 968.02 (4) and 968.07 (3); and to repeal and recreate 948.55
2of the statutes; relating to: storage of a firearm in residence if child is present
3and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits a person from storing or leaving a firearm at his or her
residence if the person resides with a child who is under the age of 18, or knows a child
who is under the age of 18 will be present in the residence, unless the firearm is in
a securely locked box or container or other secure locked location or has a trigger lock
engaged. A person who violates this prohibition is guilty of a Class A misdemeanor
for a first offense and a Class I felony for a second or subsequent offense. This
replaces the current law that penalizes a person who recklessly stores or leaves a
loaded firearm within reach of a child who is under 14 if the child obtains it and does
one of the following: 1) discharges the firearm and causes bodily harm or death (Class
A misdemeanor); or 2) possesses or exhibits the firearm in a public place or
endangers public safety (Class C misdemeanor).
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:
AB417,1
1Section 1. 948.55 of the statutes is repealed and recreated to read:
AB417,2,7 2948.55 Storage of firearm if children present. (1) Whoever resides with
3a child, or knows a child will be present in his or her residence, may not store or leave
4a firearm at his or her residence in any place other than in a securely locked box or
5container or in a locked location that a reasonable person would believe to be secure
6or unless a trigger lock is engaged on the firearm. This prohibition does not apply
7to a person who is carrying the firearm.
AB417,2,8 8(2) A person who violates sub. (1) is guilty of the following:
AB417,2,99 (a) For a first violation, a Class A misdemeanor.
AB417,2,1010 (b) For a 2nd or subsequent violation, a Class I felony.
AB417,2 11Section 2 . 968.02 (4) of the statutes is amended to read:
AB417,2,1812 968.02 (4) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was
13the parent or guardian of a child who is injured or dies as a result of an accidental
14shooting, the district attorney may consider, among other factors, the impact of the
15injury or death on the alleged violator when deciding whether to issue a complaint
16regarding the alleged violation. This subsection does not restrict the factors that a
17district attorney may consider in deciding whether to issue a complaint regarding
18any alleged violation.
AB417,3 19Section 3 . 968.07 (3) of the statutes is amended to read:
AB417,2,2320 968.07 (3) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was
21the parent or guardian of a child who is injured or dies as a result of an accidental
22shooting, no law enforcement officer may arrest the alleged violator until at least 7
23days after the date of the shooting.
AB417,2,2424 (End)
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