1 | 1 | | LRB-0643/1 |
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2 | 2 | | CMH:cdc |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 686 |
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5 | 5 | | November 27, 2023 - Introduced by Representatives OHNSTAD, MCGUIRE, ANDRACA, |
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6 | 6 | | JOERS, SINICKI, EMERSON, SHELTON, STUBBS, BILLINGS, SNODGRASS, CONLEY, |
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7 | 7 | | DRAKE, JACOBSON, BARE, J. ANDERSON, PALMERI, CABRERA, SUBECK and |
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8 | 8 | | HAYWOOD, cosponsored by Senators W IRCH, AGARD, CARPENTER, ROYS, |
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9 | 9 | | HESSELBEIN, LARSON and SPREITZER. Referred to Committee on Criminal |
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10 | 10 | | Justice and Public Safety. |
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11 | 11 | | ***AUTHORS SUBJECT TO CHANGE*** |
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12 | 12 | | AN ACT to amend 948.60 (3) (c); and to create 948.60 (3) (d) of the statutes; |
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13 | 13 | | relating to: possession of a dangerous weapon by a person under the age of 18. |
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14 | 14 | | Analysis by the Legislative Reference Bureau |
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15 | 15 | | Current law prohibits a person from possessing a short-barreled rifle or |
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16 | 16 | | shotgun. Any person who violates the prohibition is guilty of a Class H felony. A |
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17 | 17 | | “short-barreled rifle” is a rifle with a barrel that is less than 16 inches long or a rifle |
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18 | 18 | | that is less than 26 inches long, and a “short-barreled shotgun” is a shotgun with a |
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19 | 19 | | barrel that is less than 18 inches long or a shotgun that is less than 26 inches long. |
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20 | 20 | | Current law prohibits a person who is under 18 years old from possessing a |
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21 | 21 | | dangerous weapon, including a firearm. A person who violates the prohibition is |
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22 | 22 | | guilty of a Class A misdemeanor. Current law provides exceptions for a person under |
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23 | 23 | | 18 years old if any of the following apply: the person is using the firearm for target |
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24 | 24 | | practice or for a course of instruction in how to use a firearm and the person is under |
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25 | 25 | | adult supervision, the person is a member of the armed forces or national guard and |
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26 | 26 | | is in the line of duty, or the dangerous weapon is a rifle or shotgun that is not a |
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27 | 27 | | short-barreled rifle or a short-barreled shotgun and the person is in compliance with |
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28 | 28 | | hunting laws. |
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29 | 29 | | This bill clarifies the last exception so that it applies only to a person under 18 |
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30 | 30 | | who is legally hunting and who is in compliance with hunting laws. The bill further |
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31 | 31 | | clarifies that a person under 18 who violates the prohibition against possessing a |
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32 | 32 | | 1 |
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33 | 33 | | 2 - 2 -2023 - 2024 Legislature LRB-0643/1 |
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34 | 34 | | CMH:cdc |
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35 | 35 | | ASSEMBLY BILL 686 |
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36 | 36 | | short-barreled rifle or shotgun voids the exceptions discussed above for target |
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37 | 37 | | practice or instruction or for hunting. |
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38 | 38 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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39 | 39 | | enact as follows: |
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40 | 40 | | SECTION 1. 948.60 (3) (c) of the statutes is amended to read: |
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41 | 41 | | 948.60 (3) (c) This section applies only does not apply to a person under 18 years |
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42 | 42 | | of age who possesses or is armed with a rifle or a shotgun if the person is in violation |
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43 | 43 | | of s. 941.28 or is not legally hunting and is in compliance with ss. 29.304 and 29.593. |
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44 | 44 | | This section applies only does not apply to an adult who transfers a firearm to a |
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45 | 45 | | person under 18 years of age if the person under 18 years of age is not legally hunting |
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46 | 46 | | and is in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of |
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47 | 47 | | s. 941.28. |
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48 | 48 | | SECTION 2. 948.60 (3) (d) of the statutes is created to read: |
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49 | 49 | | 948.60 (3) (d) This section applies to a person under 18 years of age, even if |
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50 | 50 | | otherwise exempted under par. (a) or (c), if the person under 18 years of age is in |
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51 | 51 | | violation of s. 941.28. This section applies to an adult who transfers a firearm to a |
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52 | 52 | | person under 18 years of age, even if the adult is otherwise exempted under par. (a) |
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53 | 53 | | or (c), if the firearm is prohibited under s. 941.28. |
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54 | 54 | | (END) |
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