LRB-4548/1
CMH:ahe&wlj
2019 - 2020 LEGISLATURE
October 25, 2019 - Introduced by Representatives Mursau, Subeck, Hebl,
Dittrich, Allen, Kulp, Petersen and Wittke, cosponsored by Senators
Kooyenga, Feyen, Wanggaard, Carpenter, Jacque, Cowles and Schachtner.
Referred to Committee on Criminal Justice and Public Safety.
AB577,1,6
1An Act to renumber 941.29 (1g) (a) and 971.17 (1g);
to amend 165.845 (2) and
2973.176 (1); and
to create 165.63 (2) (c), 165.845 (1m), 175.35 (2g) (d) 3., 941.29
3(1g) (ad), 941.29 (1g) (ah), 941.29 (1m) (ag), 941.29 (1m) (cm), 941.29 (1m) (h),
4971.17 (1g) (b) and 973.136 of the statutes;
relating to: the possession of a
5firearm by a person who has committed a misdemeanor crime of domestic
6violence or by a fugitive from justice and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from possessing a firearm if he or she has been
convicted of a felony, found not guilty of a felony by reason of mental disease or defect,
or adjudicated delinquent for an act that if committed by an adult in this state would
be a felony. Federal law prohibits a person who is convicted of a misdemeanor crime
of domestic violence from possessing a firearm. Under this bill, following a
conviction, or a finding of not guilty by reason of mental disease or defect, for a
misdemeanor crime of domestic violence, state law also prohibits the person from
possessing a firearm. This bill also adds that a person who is a fugitive from justice
is prohibited from possessing a firearm. This bill defines “fugitive from justice” as
someone who, after having committed a criminal offense, leaves the jurisdiction of
the court where such crime has taken place or hides within such jurisdiction to
escape prosecution. A person who violates either prohibition is guilty of a Class G
felony and is subject to a fine of up to $25,000 or a term of imprisonment of up to ten
years, or both.
This bill also requires that the Department of Justice collect information
identifying persons who are fugitives from justice. DOJ must then convey that
information to the national instant criminal background check system for the
purpose of handgun and concealed carry licenses background checks and respond to
inquiries from law enforcement and courts regarding whether a person is prohibited
from possessing a firearm.