SB619: Bill Text

LRB-4759/1

CMH:klm

2021 - 2022 LEGISLATURE

2021 Senate BILL 619

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 An Act to repeal 23.33 (3c), 29.089 (2), 29.091 (2), 29.621 (4) (a) to (d), 167.31 (1) (cm) and (2) (a) and (b), 167.31 (3) (a) 2., 167.31 (4) (ag), 167.31 (4) (am) 2. and 3., 167.31 (4) (bg), (bn) and (bt), 167.31 (4) (cm) and (d), 173.07 (5) (b), 175.60 (1) (dm) and (h), 175.60 (2g), 175.60 (2m) (bm), 175.60 (11) (b) 2., 3. and 4., 175.60 (16), 175.60 (17) (a), (ac) and (b), 440.26 (3m), 941.23, 941.235, 941.237 (1) (a) to (dr) and (em) to (g), 941.237 (3), 948.605 (1) (ag) and (ar) and 973.137 (1); to renumber 175.60 (12) (b) 1. a. and b. and 943.13 (4m) (am); to renumber and amend 29.091 (1), 29.621 (4) (intro.), 167.31 (4) (am) 1., 175.60 (11) (b) 1., 175.60 (12) (b) 2., 175.60 (15m), 175.60 (21) (c) and 943.13 (4m) (bm); to consolidate, renumber and amend 167.31 (3) (a) (intro.) and 1. and 941.237 (1) (intro.) and (e); to amend 29.301 (1) (b), 29.314 (3) (title) and (a) and (4) (title) and (a), 110.07 (1) (a) 1. and 3. and (b), 167.31 (2) (c), 167.31 (2) (d), 167.31 (2) (e), 167.31 (4) (a) (intro.), 167.31 (4) (b), 167.31 (4) (c) and (cg) (intro.), 167.31 (4) (f), (i) and (j), 175.60 (2) (c), 175.60 (2m) (a), 175.60 (5) (a) (intro.), 175.60 (5) (a) 6., 175.60 (12) (a), 345.11 (1s), 345.20 (2) (f), 938.34 (14q), 938.78 (3), 939.632 (1) (e) 3., 941.237 (2), 941.295 (2g) (c), 941.299 (1) (a), 943.13 (1m) (c) 4., 948.605 (2) (b) 2d., 2f. and 2h. and (3) (b) 5., 6. and 7. and 968.255 (1) (a) 2.; and to create 66.0409 (2m), 167.31 (4) (a) 1. and 943.13 (1p) of the statutes; relating to: right to 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 Section 1. 23.33 (3c) of the statutes is repealed.

SB619,2 Section 2. 29.089 (2) of the statutes is repealed.

SB619,3 Section 3. 29.091 (1) of the statutes is renumbered 29.091 and amended to read:

SB619,3,12 29.091 Hunting or trapping in wildlife refuge. No person may hunt or trap within any wildlife refuge established under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words “Wisconsin Wildlife Refuge".

SB619,4 Section 4. 29.091 (2) of the statutes is repealed.

SB619,5 Section 5 . 29.301 (1) (b) of the statutes is amended to read:

SB619,3,18 29.301 (1) (b) No person may hunt within 1,700 1,000 feet of any hospital, sanatorium, or the grounds of any school. The department may designate the form for or furnish signs designating the restricted area. No person may be convicted of a violation of this paragraph unless the restricted area is designated by the signs.

SB619,6 Section 6. 29.314 (3) (title) and (a) and (4) (title) and (a) of the statutes are amended to read:

SB619,4,6 29.314 (3) (title) Shining deer, elk, or bear while hunting or possessing weapons prohibited. (a) Prohibition. No person may use or possess with intent to use a light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in possession of a firearm, bow and arrow, or crossbow.

SB619,4,10 (4) (title) Shining wild animals while hunting or possessing weapons prohibited. (a) Prohibition. No person may use or possess with intent to use a light for shining wild animals while the person is hunting or in possession of a firearm, bow and arrow or crossbow.

SB619,7 Section 7. 29.621 (4) (intro.) of the statutes is renumbered 29.621 (4) and amended to read:

SB619,4,19 29.621 (4) Protection. Except as provided in s. 29.091 (1), no owner of a wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or have in his or her possession or under his or her control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. This subsection, as it relates to the possession or control of a loaded or unencased firearm, does not apply to any of the following: .

SB619,8 Section 8. 29.621 (4) (a) to (d) of the statutes are repealed.

SB619,9 Section 9 . 66.0409 (2m) of the statutes is created to read:

SB619,4,24 66.0409 (2m) No political subdivision or other person may prohibit individuals from going armed with a firearm or knife on a vehicle that is part of a public mass transportation system.

SB619,10 Section 10 . 110.07 (1) (a) 1. and 3. and (b) of the statutes are amended to read:

SB619,5,4 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and chs. 194, 218, 341 to 349 and 351, and ss. 23.33, 23.335, 125.07 (4) (b), 125.085 (3) (b), 167.31 (2) (b) to (c) and (d) and 287.81 and ch. 350 where applicable to highways, or orders or rules issued pursuant thereto.

SB619,5,9 3. Have authority to enter any place where vehicles subject to this chapter, ss. 167.31 (2) (b) to (c) and (d) and 287.81 and chs. 194, 218 and 341 to 350 are stored or parked at any time to examine such vehicles, or to stop such vehicles while en route at any time upon the public highways to examine the same and make arrests for all violations thereof.

SB619,5,14 (b) All municipal judges, judges, district attorneys and law enforcement officers shall assist in enforcing this chapter, ss. 167.31 (2) (b) to (c) and (d) and 287.81 and chs. 194, 218 and 341 to 351, and orders or rules issued pursuant thereto and shall report to the department the disposition of every uniform traffic citation issued for cases involving those chapters.

SB619,11 Section 11. 167.31 (1) (cm) and (2) (a) and (b) of the statutes are repealed.

SB619,12 Section 12. 167.31 (2) (c) of the statutes is amended to read:

SB619,5,19 167.31 (2) (c) Except as provided in sub. (4), no person may load a firearm, other than a handgun, in a vehicle or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.

SB619,13 Section 13. 167.31 (2) (d) of the statutes, as affected by 2021 Wisconsin Act 62, is amended to read:

SB619,5,24 167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), (fm), and (g), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

SB619,14 Section 14. 167.31 (2) (e) of the statutes is amended to read:

SB619,6,2 167.31 (2) (e) A person who violates pars. (a) to par. (c) or (d) is subject to a forfeiture of not more than $100.

SB619,15 Section 15 . 167.31 (3) (a) (intro.) and 1. of the statutes are consolidated, renumbered 167.31 (3) (a) and amended to read:

SB619,6,8 167.31 (3) (a) Except as provided in sub. (4), no person may do any of the following: 1. Place place, possess, or transport a firearm, bow, or crossbow in or on a commercial aircraft, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

SB619,16 Section 16. 167.31 (3) (a) 2. of the statutes is repealed.

SB619,17 Section 17. 167.31 (4) (a) (intro.) of the statutes is amended to read:

SB619,6,15 167.31 (4) (a) (intro.) Subsections The prohibitions in subs. (2) and (3) do not apply to any of the following who, are acting in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:

SB619,18 Section 18. 167.31 (4) (a) 1. of the statutes is created to read:

SB619,6,17 167.31 (4) (a) 1. A peace officer.

SB619,19 Section 19. 167.31 (4) (ag) of the statutes is repealed.

SB619,20 Section 20 . 167.31 (4) (am) 1. of the statutes is renumbered 167.31 (4) (am) and amended to read:

SB619,6,24 167.31 (4) (am) Subsections (2) (a), (c) and (d) and (3) (a) and (b) do not apply to a peace officer who, in the line of duty, loads or discharges a firearm in, on, or from a vehicle, motorboat or aircraft or discharges a firearm from or across a highway or within 50 feet of the center of a roadway.

SB619,21 Section 21 . 167.31 (4) (am) 2. and 3. of the statutes are repealed.

SB619,22 Section 22. 167.31 (4) (b) of the statutes is amended to read:

SB619,7,5 167.31 (4) (b) Subsections (2) (a), (b) and (c), (3) (a) and (b), and (3m) do not apply to the holder of a scientific research license under s. 169.25 or a scientific collector permit under s. 29.614 who is using a net gun or tranquilizer gun in an activity related to the purpose for which the license or permit was issued.

SB619,23 Section 23. 167.31 (4) (bg), (bn) and (bt) of the statutes are repealed.

SB619,24 Section 24 . 167.31 (4) (c) and (cg) (intro.) of the statutes are amended to read:

SB619,7,9 167.31 (4) (c) Subsection (2) (b) and (c) does not apply to the holder of a Class A or Class B permit under s. 29.193 (2) who is hunting from a stationary vehicle.

SB619,7,12 (cg) (intro.) A holder of a Class A or Class B permit under s. 29.193 (2) who is hunting from a stationary vehicle may load and discharge a firearm or shoot a bolt or an arrow within 50 feet of the center of a roadway if all of the following apply:

SB619,25 Section 25 . 167.31 (4) (cm) and (d) of the statutes are repealed.

SB619,26 Section 26. 167.31 (4) (f), (i) and (j) of the statutes are amended to read:

SB619,7,17 167.31 (4) (f) Subsection (2) (d) does not prohibit a person from possessing a loaded firearm within 50 feet of the center of a roadway if the person does not violate sub. (2) (b) or (c).

SB619,7,19 (i) Subsection (2) (b) and (c) does not apply to a person legally hunting from a stationary nonmotorized vehicle that is not attached to a motor vehicle.

SB619,7,24 167.31 (4) (j) Subsection (2) (b) and (c) does not apply to a person legally hunting from a stationary motor vehicle if the person is hunting from a part of the vehicle or a piece of equipment attached to the vehicle that is raised by mechanical means not fewer than 5 feet above the ground or above the lowered resting position of the part or piece of equipment, whichever is higher.

SB619,27 Section 27. 173.07 (5) (b) of the statutes is repealed.

SB619,28 Section 28. 175.60 (2) (c) of the statutes is amended to read:

SB619,8,5 175.60 (2) (c) Unless expressly provided in this section, this section does not limit an individual's right to carry a firearm, whether that firearm is concealed or is not concealed or whether or not the individual is a licensee or an out-of-state licensee.

SB619,29 Section 29 . 175.60 (2g) of the statutes is repealed.

SB619,30 Section 30 . 175.60 (2m) (a) of the statutes is amended to read:

SB619,8,11 175.60 (2m) (a) Subject to pars. (b), (bm), (c), and (d), the department shall design a single license document for licenses issued and renewed under this section. The department shall complete the design of the license document no later than September 1, 2011.

SB619,31 Section 31. 175.60 (2m) (bm) of the statutes is repealed.

SB619,32 Section 32 . 175.60 (5) (a) (intro.) of the statutes is amended to read:

SB619,8,21 175.60 (5) (a) (intro.) The department shall design an application form for use by individuals who apply for a license under this section and a renewal form for use by individuals applying for renewal of a license under sub. (15). The department shall complete the design of the application form no later than September 1, 2011, and shall complete the design of the renewal form no later than July 1, 2014. The forms shall require the applicant to provide only his or her name, address, date of birth, state identification card number, race, sex, height, and eye color and shall include all of the following:

SB619,33 Section 33 . 175.60 (5) (a) 6. of the statutes is amended to read:

SB619,9,2 175.60 (5) (a) 6. A statement of the places under sub. (16) where a licensee is prohibited from carrying a weapon, as well as an 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.

SB619,34 Section 34 . 175.60 (11) (b) 1. of the statutes is renumbered 175.60 (11) (b) and amended to read:

SB619,9,8 175.60 (11) (b) No later than 30 days after changing his or her address, a licensee shall inform the department of the new address. The department shall include the individual's new address in the list under sub. (12) (a). The penalty under s. 939.61 does not apply to a violation under this paragraph.

SB619,35 Section 35 . 175.60 (11) (b) 2., 3. and 4. of the statutes are repealed.

SB619,36 Section 36 . 175.60 (12) (a) of the statutes is amended to read: