Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: March 9, 2023 Contact: Tom Koss, Staff Attorney
2023 Assembly Bill 58
Assembly
Amendment 1
2023 ASSEMBLY BILL 58
Current law prohibits the possession of a firearm by a person who has been convicted of a felony in
Wisconsin or a crime in another jurisdiction that would be a felony if committed in Wisconsin. A person
who is convicted of unlawfully possessing a firearm is guilty of a Class G felony. A Class G felony is
punishable by a fine of up to $25,000 or up to 10 years of imprisonment, or both. The term of
imprisonment may be bifurcated as up to five years of initial confinement and up to five years of
extended supervision.
Under 2023 Assembly Bill 58, a person convicted of unlawfully possessing a firearm due to a felony
conviction must be sentenced to a bifurcated sentence with a term of initial confinement of at least five
years. The person may not be placed on probation.
ASSEMBLY AMENDMENT 1
Under Assembly Amendment 1, the five-year mandatory minimum term of initial confinement only
applies to a person who has been convicted of a “violent felony.” The amendment also increases the
penalty for a person convicted of unlawfully possessing a firearm due to a conviction for a violent felony
to a Class F felony. A Class F felony is punishable by a fine of up to $25,000 or imprisonment for up to
12.5 years, or both. The term of imprisonment may be bifurcated as up to 7.5 years of initial
confinement and up to five years of extended supervision.
BILL HISTORY
Representative Michalski offered Assembly Amendment 1 on March 3, 2023. On March 6, 2023, the
Assembly Committee on Criminal Justice and Public Safety recommended adoption of the amendment
on a vote of Ayes, 14; Noes, 1; and recommended adoption of the bill, as amended, on a vote of Ayes, 10;
Noes, 5.
For a full history of the bill, visit the Legislature’s bill history page.
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