AB356: Bill Text

2025 - 2026 LEGISLATURE

LRB-0116/1

CMH:cdc

2025 ASSEMBLY BILL 356

July 8, 2025 - Introduced by Representatives Subeck, Fitzgerald, Anderson, Andraca, Arney, Bare, Brown, Cruz, DeSmidt, Goodwin, Haywood, Joers, Johnson, Mayadev, Neubauer, Ortiz-Velez, Palmeri, Prado, Roe, Sinicki, Stroud, Stubbs, Tenorio, Udell and Vining, cosponsored by Senators Larson, Carpenter, Hesselbein, Ratcliff, Roys and Smith. Referred to Committee on Criminal Justice and Public Safety.     ***AUTHORS SUBJECT TO CHANGE***

AB356,1,3 An Act to amend 968.02 (4) and 968.07 (3); to repeal and recreate 948.55 of the statutes; relating to: storage of a firearm in a residence if child is present and 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 subsequent offense. This prohibition 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:

AB356,1 Section 1. 948.55 of the statutes is repealed and recreated to read:

AB356,2,7 948.55 Storage of firearm if children present. (1) Whoever resides with a child, or knows a child will be present in his or her residence, may not store or leave a firearm at his or her residence unless the firearm is in a securely locked box or container or in a locked location that a reasonable person would believe to be secure or unless a trigger lock is engaged on the firearm. This prohibition does not apply to a person who is going armed with the firearm.

AB356,2,8 (2) A person who violates sub. (1) is guilty of the following:

AB356,2,9 (a) For a first violation, a Class A misdemeanor.

AB356,2,10 (b) For a 2nd or subsequent violation, a Class I felony.

AB356,2 Section 2. 968.02 (4) of the statutes is amended to read:

AB356,2,18 968.02 (4) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was the parent or guardian of a child who is injured or dies as a result of an accidental shooting, the district attorney may consider, among other factors, the impact of the injury or death on the alleged violator when deciding whether to issue a complaint regarding the alleged violation. This subsection does not restrict the factors that a district attorney may consider in deciding whether to issue a complaint regarding any alleged violation.

AB356,3 Section 3. 968.07 (3) of the statutes is amended to read:

AB356,3,2 968.07 (3) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was the parent or guardian of a child who is injured or dies as a result of an accidental shooting, no law enforcement officer may arrest the alleged violator until at least 7 days after the date of the shooting.

AB356,3,3 (end)