AB495: Bill Text

LRB-4129/1

CMH:emw

2021 - 2022 LEGISLATURE

2021 Assembly BILL 495

August 4, 2021 - Introduced by Representatives Brooks, Armstrong, Behnke, Brandtjen, Callahan, Cabral-Guevara, Dittrich, Gundrum, Horlacher, Knodl, Moses, Murphy, Schraa, Tittl and Wichgers, cosponsored by Senators Jacque, Ballweg, Felzkowski, Nass and Wanggaard. Referred to Committee on Criminal Justice and Public Safety.

AB495,1,4 An Act to renumber and amend 948.605 (2) (a) and 948.605 (2) (b) 1r.; to amend 175.60 (2g) (a) and 175.60 (5) (a) 6.; and to create 948.605 (1) (ai) and (ap) of the statutes; relating to: possession of a firearm in a vehicle on school grounds by a person with a license to carry a concealed weapon.

Analysis by the Legislative Reference Bureau

Under current law, a person is generally prohibited from possessing a firearm on the grounds of a school. A person who violates the prohibition is guilty of a Class I felony. Under this bill, a person who has a license to carry a concealed weapon may possess a firearm in a vehicle on the grounds of a school.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB495,1 Section 1. 175.60 (2g) (a) of the statutes is amended to read:

AB495,1,8 175.60 (2g) (a) A licensee or an out-of-state licensee may carry a concealed weapon anywhere in this state except as provided under subs. (15m) and (16) and ss. s. 943.13 (1m) (c) and, subject to s. 948.605 (2) (c), s. 948.605 (2) (b) 1r. (a) 1.

AB495,2 Section 2. 175.60 (5) (a) 6. of the statutes is amended to read:

AB495,2,6 175.60 (5) (a) 6. A statement of the places under sub. (16) where a licensee is prohibited from carrying a weapon, as well as an explanation of the provisions under sub. (15m) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r. that could limit the places where the licensee may carry a weapon, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

AB495,3 Section 3. 948.605 (1) (ai) and (ap) of the statutes are created to read:

AB495,2,8 948.605 (1) (ai) “Licensee” has the meaning given in s. 175.60 (1) (d).

AB495,2,9 (ap) “Out-of-state licensee” has the meaning given in s. 175.60 (1) (g).

AB495,4 Section 4. 948.605 (2) (a) of the statutes is renumbered 948.605 (2) (a) 1. and amended to read:

AB495,2,14 948.605 (2) (a) 1. Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is in or on the grounds of a school is guilty of a Class I felony.

AB495,2,17 2. Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is within 1,000 feet of the grounds of a school is subject to a Class B forfeiture.

AB495,5 Section 5. 948.605 (2) (b) 1r. of the statutes is renumbered 948.605 (2) (c) and amended to read:

AB495,3,2 948.605 (2) (c) Except if the person is in or on the grounds of a school, Paragraph (a) 1. does not apply to a firearm, whether loaded or unloaded, that is possessed by a licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g) if the firearm is in a motor vehicle and, if the licensee or out-of-state licensee leaves the motor vehicle, the motor vehicle is locked and the firearm is not visible. Paragraph (a) 2. does not apply to a licensee or an out-of-state licensee.

AB495,3,3 (End)