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Bills · 2011-2012 Regular Session

SB 93

Became law Official bill text Atom feed

going armed with weapons, possessing or transporting a firearm, bow, or crossbow under certain circumstances, disorderly conduct limitations, and electric weapons.

  1. Introduced, completed
  2. Passes Senate, completed
  3. Passes Assembly, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

In general, under current Wisconsin law, no person may go armed with a

concealed and dangerous weapon. The "going armed with" language includes cases

in which a person is carrying a concealed weapon but has not gone and is not going

anywhere with it and cases in which a weapon is readily accessible to a person in a

car. A person who violates the prohibition may be fined not more than $10,000 or

imprisoned for not more than nine months or both. This prohibition has many

exceptions. First, Wisconsin Statutes expressly exempt law enforcement officers. In

addition, under

State v. Hamdan

, 2003 WI 113, 264 Wis. 2d 433, this prohibition is

unconstitutional if applied to a person carrying a concealed weapon at his or her own

business when: 1) the person's interest in carrying a concealed weapon substantially

outweighs the state's interest in enforcing the concealed weapons law; 2) the person

has no other reasonable means to keep and handle the weapon; and 3) the person is

not motivated by an unlawful purpose in concealing it. In

Hamdan

, the court also

indicated that the constitutional right to keep and bear arms for security allows a

person to carry a concealed weapon under certain circumstances in his or her own

home. Finally, under federal law, qualified law enforcement officers and qualified

retired law enforcement officers may carry concealed firearms that have been

shipped or transported in interstate or foreign commerce, regardless of any state

prohibition. This bill eliminates the prohibition against going armed with a

concealed and dangerous weapon.

Current law also prohibits, with certain exceptions, going armed with or

possessing a firearm in a public building, tavern, state park, or wildlife refuge or

within 1,000 feet of the grounds of a school. This bill eliminates the prohibitions

against going armed with or possessing a firearm in a public building or tavern but

this bill adds general prohibitions against carrying weapons into a police station,

sheriff's office, or state patrol station; a prison, jail, house of correction, or secured

correctional facility; a courthouse; a place beyond a security checkpoint in an airport;

and a building owned or leased by the state or any political subdivision of the state

if the building provides electronic screening for weapons at all public entrances to the

building and provides locked storage for weapons on the premises while the person

carrying the weapon is in the building. This bill applies the prohibition against going

armed with or possessing a firearm in a state park or a wildlife refuge only to

firearms that are not handguns. This bill also limits the prohibition against going

armed with or possessing a firearm within 1,000 feet of the grounds of a school only

to the grounds of a school. Any federal prohibitions against guns in school zones,

however, still apply.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Galloway (R) , Grothman (R) , Holperin (D) , Kedzie (R) , Lazich (R) , Leibham (R) , Moulton (R) , Vukmir (R) , Zipperer (R)

31 cosponsors

August (R) , Craig (R) , Farrow (R) , Jacque (R) , Kapanke (R) , Kapenga (R) , Kerkman (R) , Kestell (R) , Kleefisch (R) , Knilans (R) , Knudson (R) , Kooyenga (R) , Kramer (R) , Krug (R) , Kuglitsch (R) , LeMahieu (R) , Litjens, Nerison, Williams, Klenke, Nygren, J. Ott, Marklein, Tranel, Petryk, Bernier, Endsley, Tiffany, Bies, Clark and Radcliffe , Mursau (R) , Murtha (R) , Nass (R) , Rivard (R) , Severson (R) , Spanbauer (R) , Steineke (R) , Strachota (R) , T. Larson (R) , Tauchen (R) , Thiesfeldt (R) , Vinehout (D) , Wanggaard (R) , Wynn (R)

Votes

Senate: Report adoption of Senate Amendment 3 to Senate Substitute Amendment 1 recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0

Passed 5–0 May 27, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

Passed 5–0 Jun 7, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Report introduction of Senate Amendment 1 to Senate Substitute Amendment 2 recommended by joint committee on Finance, Ayes 16, Noes 0 by joint committee on Finance

Passed 16–0 Jun 13, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 10 to Senate substitute amendment 2 laid on table, Ayes 22, Noes 10

Passed 22–10 Jun 14, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 11 to Senate substitute amendment 2 laid on table, Ayes 20, Noes 12

Passed 20–12 Jun 14, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 12 to Senate substitute amendment 2 laid on table, Ayes 22, Noes 10

Passed 22–10 Jun 14, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 13 to Senate substitute amendment 2 laid on table, Ayes 23, Noes 9

Passed 23–9 Jun 14, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 14 to Senate substitute amendment 2 laid on table, Ayes 21, Noes 10

Passed 21–10 Jun 14, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 15 to Senate substitute amendment 2 laid on table, Ayes 23, Noes 10

Passed 23–10 Jun 14, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 19 to Senate substitute amendment 2 laid on table, Ayes 23, Noes 9

Passed 23–9 Jun 14, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 2 to Senate substitute amendment 2 laid on table, Ayes 22, Noes 10

Passed 22–10 Jun 14, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 3 to Senate substitute amendment 2 laid on table, Ayes 22, Noes 10

Passed 22–10 Jun 14, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 5 to Senate substitute amendment 2 laid on table, Ayes 22, Noes 10

Passed 22–10 Jun 14, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 8 to Senate substitute amendment 2 laid on table, Ayes 24, Noes 8

Passed 24–8 Jun 14, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 9 to Senate substitute amendment 2 laid on table, Ayes 24, Noes 8

Passed 24–8 Jun 14, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Read a third time and passed, Ayes 25, Noes 8

Passed 25–8 Jun 14, 2011 official source full page

Assembly: Read a third time and concurred in, Ayes 68, Noes 27, Paired 2

Passed 68–27 Jun 21, 2011 official source full page

Aye · 68

Not voting · 1

Assembly: Assembly amendment 2 laid on table, Ayes 69, Noes 28

Passed 69–28 Jun 21, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 3 laid on table, Ayes 65, Noes 32

Passed 65–32 Jun 21, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 4 laid on table, Ayes 67, Noes 30

Passed 67–30 Jun 21, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 5 laid on table, Ayes 68, Noes 29

Passed 68–29 Jun 21, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly substitute amendment 1 laid on table, Ayes 62, Noes 36

Passed 62–36 Jun 21, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. May 10, 2011 · Senate

    Introduced by Senators Galloway, Grothman, Kedzie, Lazich, Leibham, Moulton, Holperin, Vukmir and Zipperer;Cosponsored by Representatives Mursau, Kleefisch, August, Farrow, Kapenga, Kerkman, Kestell, Knilans, Knudson, Kooyenga, Kramer, Krug, Kuglitsch, T. Larson, LeMahieu, Murtha, Nass, Rivard, Severson, Strachota, Tauchen, Thiesfeldt and Wynn

  2. May 10, 2011 · Senate

    Read first time and referred to committee on Judiciary, Utilities, Commerce, and Government Operations

  3. May 12, 2011 · Senate

    Public hearing held

  4. May 13, 2011 · Senate

    Representative Steineke added as a cosponsor

  5. May 16, 2011 · Senate

    Senator Kapanke added as a coauthor

  6. May 16, 2011 · Senate

    Fiscal estimate received

  7. May 17, 2011 · Senate

    LRB correction

  8. May 19, 2011 · Senate

    Fiscal estimate received

  9. May 19, 2011 · Senate

    Fiscal estimate received

  10. May 19, 2011 · Senate

    Fiscal estimate received

  11. May 23, 2011 · Senate

    Senate substitute amendment 1 offered by Senator Galloway

  12. May 25, 2011 · Senate

    Senate amendment 1 to Senate substitute amendment 1 offered by Senators Risser and Erpenbach

  13. May 25, 2011 · Senate

    Senate amendment 2 to Senate substitute amendment 1 offered by Senators Risser and Erpenbach

  14. May 25, 2011 · Senate

    Senate amendment 3 to Senate substitute amendment 1 offered by Senator Galloway

  15. May 25, 2011 · Senate

    Senate amendment 4 to Senate substitute amendment 1 offered by Senator Galloway

  16. May 25, 2011 · Senate

    Fiscal estimate received

  17. May 25, 2011 · Senate

    Executive action taken

  18. May 26, 2011 · Senate

    Fiscal estimate received

  19. May 26, 2011 · Senate

    Fiscal estimate received

  20. May 27, 2011 · Senate

    Report adoption of Senate Amendment 3 to Senate Substitute Amendment 1 recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0

  21. May 27, 2011 · Senate

    Report adoption of Senate Amendment 4 to Senate Substitute Amendment 1 recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0

  22. May 27, 2011 · Senate

    Report adoption of Senate Substitute Amendment 1 recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 3, Noes 2

  23. May 27, 2011 · Senate

    Report passage as amended recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 3, Noes 2

  24. May 27, 2011 · Senate

    Available for scheduling

  25. May 31, 2011 · Senate

    Fiscal estimate received

  26. Jun 7, 2011 · Senate

    Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  27. Jun 7, 2011 · Senate

    Representative Craig added as a cosponsor

  28. Jun 9, 2011 · Senate

    Executive action taken

  29. Jun 13, 2011 · Senate

    Report introduction of Senate Amendment 1 to Senate Substitute Amendment 2 recommended by joint committee on Finance, Ayes 16, Noes 0 by joint committee on Finance

  30. Jun 13, 2011 · Senate

    Report adoption of Senate Amendment 1 to Senate Substitute Amendment 2 recommended by joint committee on Finance, Ayes 14, Noes 2

  31. Jun 13, 2011 · Senate

    Report introduction of Senate Substitute Amendment 2 recommended by joint committee on Finance, Ayes 16, Noes 0 by joint committee on Finance

  32. Jun 13, 2011 · Senate

    Report adoption of Senate Substitute Amendment 2 recommended by joint committee on Finance, Ayes 15, Noes 1

  33. Jun 13, 2011 · Senate

    Report passage as amended, with emergency statement attached, pursuant to s.16.47 (2), Wisconsin Statutes, recommended by joint committee on Finance

  34. Jun 13, 2011 · Senate

    Available for scheduling

  35. Jun 13, 2011 · Senate

    Placed on calendar 6-14-2011 pursuant to Senate Rule 18(1)

  36. Jun 14, 2011 · Senate

    Senator Vinehout added as a coauthor

  37. Jun 14, 2011 · Senate

    Placed at the foot of the 11th order of business on the calendar of 6-14-2011

  38. Jun 14, 2011 · Senate

    Read a second time

  39. Jun 14, 2011 · Senate

    Senate amendment 1 to Senate substitute amendment 2 adopted

  40. Jun 14, 2011 · Senate

    Senate amendment 2 to Senate substitute amendment 2 offered by Senator Carpenter

  41. Jun 14, 2011 · Senate

    Senate amendment 2 to Senate substitute amendment 2 laid on table, Ayes 22, Noes 10

  42. Jun 14, 2011 · Senate

    Senate amendment 3 to Senate substitute amendment 2 offered by Senator Carpenter

  43. Jun 14, 2011 · Senate

    Point of order that Senate amendment 3 to Senate substitute amendment 2 not germane taken under advisement

  44. Jun 14, 2011 · Senate

    Senate amendment 4 to Senate substitute amendment 2 offered by Senators Wanggaard, Schultz and S. Fitzgerald

  45. Jun 14, 2011 · Senate

    Senate amendment 4 to Senate substitute amendment 2 adopted

  46. Jun 14, 2011 · Senate

    Senate amendment 5 to Senate substitute amendment 2 offered by Senators Erpenbach and Risser

  47. Jun 14, 2011 · Senate

    Senate amendment 5 to Senate substitute amendment 2 laid on table, Ayes 22, Noes 10

  48. Jun 14, 2011 · Senate

    Point of order that Senate amendment 3 to Senate substitute amendment 2 not germane withdrawn

  49. Jun 14, 2011 · Senate

    Senate amendment 3 to Senate substitute amendment 2 laid on table, Ayes 22, Noes 10

  50. Jun 14, 2011 · Senate

    Senate amendment 6 to Senate substitute amendment 2 offered by Senators Erpenbach and Risser

  51. Jun 14, 2011 · Senate

    Senate amendment 6 to Senate substitute amendment 2 withdrawn and returned to author

  52. Jun 14, 2011 · Senate

    Senate amendment 7 to Senate substitute amendment 2 offered by Senators Erpenbach and Risser

  53. Jun 14, 2011 · Senate

    Senate amendment 7 to Senate substitute amendment 2 withdrawn and returned to author

  54. Jun 14, 2011 · Senate

    Senate amendment 8 to Senate substitute amendment 2 offered by Senators Erpenbach and Risser

  55. Jun 14, 2011 · Senate

    Senate amendment 8 to Senate substitute amendment 2 laid on table, Ayes 24, Noes 8

  56. Jun 14, 2011 · Senate

    Senate amendment 9 to Senate substitute amendment 2 offered by Senator Erpenbach

  57. Jun 14, 2011 · Senate

    Senate amendment 9 to Senate substitute amendment 2 laid on table, Ayes 24, Noes 8

  58. Jun 14, 2011 · Senate

    Senate amendment 10 to Senate substitute amendment 2 offered by Senators Risser, Miller, Hansen, Carpenter, Jauch, T. Cullen and S. Coggs

  59. Jun 14, 2011 · Senate

    Senate amendment 10 to Senate substitute amendment 2 laid on table, Ayes 22, Noes 10

  60. Jun 14, 2011 · Senate

    Senate amendment 11 to Senate substitute amendment 2 offered by Senators Risser, Hansen, Carpenter, Jauch, T. Cullen and S. Coggs

  61. Jun 14, 2011 · Senate

    Senate amendment 11 to Senate substitute amendment 2 laid on table, Ayes 20, Noes 12

  62. Jun 14, 2011 · Senate

    Senate amendment 12 to Senate substitute amendment 2 offered by Senators Risser, Jauch, T. Cullen, S. Coggs and Carpenter

  63. Jun 14, 2011 · Senate

    Senate amendment 12 to Senate substitute amendment 2 laid on table, Ayes 22, Noes 10

  64. Jun 14, 2011 · Senate

    Senate amendment 13 to Senate substitute amendment 2 offered by Senators Risser, Miller, T. Cullen, S. Coggs and Carpenter

  65. Jun 14, 2011 · Senate

    Senate amendment 13 to Senate substitute amendment 2 laid on table, Ayes 23, Noes 9

  66. Jun 14, 2011 · Senate

    Senate amendment 14 to Senate substitute amendment 2 offered by Senators Risser, Jauch, T. Cullen, S. Coggs and Carpenter

  67. Jun 14, 2011 · Senate

    Senate amendment 14 to Senate substitute amendment 2 laid on table, Ayes 21, Noes 10

  68. Jun 14, 2011 · Senate

    Senate amendment 15 to Senate substitute amendment 2 offered by Senators Risser, Jauch, T. Cullen and S. Coggs

  69. Jun 14, 2011 · Senate

    Senate amendment 15 to Senate substitute amendment 2 laid on table, Ayes 23, Noes 10

  70. Jun 14, 2011 · Senate

    Senate amendment 16 to Senate substitute amendment 2 offered by Senators C. Larson, T. Cullen, S. Coggs, Carpenter, Risser, Miller and Jauch

  71. Jun 14, 2011 · Senate

    Senate amendment 16 to Senate substitute amendment 2 laid on table

  72. Jun 14, 2011 · Senate

    Senate amendment 17 to Senate substitute amendment 2 offered by Senators C. Larson, Carpenter, Hansen and Jauch

  73. Jun 14, 2011 · Senate

    Senate amendment 17 to Senate substitute amendment 2 laid on table

  74. Jun 14, 2011 · Senate

    Senate amendment 18 to Senate substitute amendment 2 offered by Senators C. Larson, T. Cullen, S. Coggs, Carpenter, Risser, Miller and Hansen

  75. Jun 14, 2011 · Senate

    Senate amendment 18 to Senate substitute amendment 2 laid on table

  76. Jun 14, 2011 · Senate

    Senate amendment 19 to Senate substitute amendment 2 offered by Senators Jauch, Hansen and Risser

  77. Jun 14, 2011 · Senate

    Senate amendment 19 to Senate substitute amendment 2 laid on table, Ayes 23, Noes 9

  78. Jun 14, 2011 · Senate

    Senate substitute amendment 2 adopted

  79. Jun 14, 2011 · Senate

    Ordered to a third reading

  80. Jun 14, 2011 · Senate

    Rules suspended

  81. Jun 14, 2011 · Senate

    Read a third time and passed, Ayes 25, Noes 8

  82. Jun 14, 2011 · Senate

    Ordered immediately messaged

  83. Jun 14, 2011 · Assembly

    Received from Senate

  84. Jun 14, 2011 · Assembly

    Read first time and referred to committee on Rules

  85. Jun 15, 2011 · Assembly

    Senator Wanggaard added as a coauthor

  86. Jun 16, 2011 · Assembly

    Made a special order of business at 10:01 A.M. on 6-21-2011 pursuant to Assembly Resolution 10

  87. Jun 21, 2011 · Assembly

    Assembly amendment 2 placed after Assembly amendment 5

  88. Jun 21, 2011 · Assembly

    Assembly amendment 5 offered by Representatives Young, Sinicki, E. Coggs, Zamarripa and Turner

  89. Jun 21, 2011 · Assembly

    Assembly amendment 5 laid on table, Ayes 68, Noes 29

  90. Jun 21, 2011 · Assembly

    Assembly amendment 2 laid on table, Ayes 69, Noes 28

  91. Jun 21, 2011 · Assembly

    Representatives Litjens, Nerison, Williams, Klenke, Nygren, J. Ott, Marklein, Tranel, Petryk, Bernier, Endsley, Tiffany, Bies, Clark and Radcliffe added as cosponsors

  92. Jun 21, 2011 · Assembly

    Ordered to a third reading

  93. Jun 21, 2011 · Assembly

    Rules suspended

  94. Jun 21, 2011 · Assembly

    Read a third time and concurred in, Ayes 68, Noes 27, Paired 2

  95. Jun 21, 2011 · Assembly

    Ordered immediately messaged

  96. Jun 21, 2011 · Assembly

    Representative Jacque added as a cosponsor

  97. Jun 21, 2011 · Assembly

    Representative Spanbauer added as a cosponsor

  98. Jun 21, 2011 · Assembly

    Read a second time

  99. Jun 21, 2011 · Assembly

    Assembly amendment 1 offered by Representatives Barca, Pasch, Seidel, Roys, Mason, Turner, Young and E. Coggs

  100. Jun 21, 2011 · Assembly

    Assembly amendment 1 withdrawn and returned to author

  101. Jun 21, 2011 · Assembly

    Assembly substitute amendment 1 offered by Representatives Barca, Turner, Zepnick, D. Cullen, Pasch, Seidel, Bewley, Hulsey, Hintz, Berceau, Roys and E. Coggs

  102. Jun 21, 2011 · Assembly

    Assembly substitute amendment 1 laid on table, Ayes 62, Noes 36

  103. Jun 21, 2011 · Assembly

    Assembly amendment 2 offered by Representatives D. Cullen, Pasch, E. Coggs, Young, Sinicki, Staskunas, Toles and Zamarripa

  104. Jun 21, 2011 · Assembly

    Assembly amendment 2 placed after Assembly amendment 3

  105. Jun 21, 2011 · Assembly

    Assembly amendment 3 offered by Representatives Pasch, D. Cullen, Hintz, Roys, Young, Zamarripa, Turner, Clark, Hulsey, Pope-Roberts, Pocan, Ringhand, Bewley, Seidel, Berceau and Richards

  106. Jun 21, 2011 · Assembly

    Assembly amendment 3 laid on table, Ayes 65, Noes 32

  107. Jun 21, 2011 · Assembly

    Assembly amendment 2 placed after Assembly amendment 4

  108. Jun 21, 2011 · Assembly

    Assembly amendment 4 offered by Representatives Pasch, Bewley, Pope-Roberts, Bernard Schaber, Richards, Turner, Roys, Zamarripa, Young, E. Coggs, D. Cullen, Toles, Sinicki and Seidel

  109. Jun 21, 2011 · Assembly

    Assembly amendment 4 laid on table, Ayes 67, Noes 30

  110. Jun 22, 2011 · Senate

    Received from Assembly concurred in

  111. Jun 23, 2011 · Senate

    Report correctly enrolled on 6-23-2011

  112. Jul 7, 2011 · Senate

    Presented to the Governor on 7-7-2011

  113. Jul 11, 2011 · Senate

    Report approved by the Governor on 7-8-2011. 2011 Wisconsin Act 35

  114. Jul 12, 2011 · Senate

    Published 7-22-2011

  115. Jul 12, 2011 · Senate

    Fiscal estimate received