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Bills · 2021-2022 Regular Session

AB 293

Vetoed Official bill text Atom feed

Relating to: restrictions on enforcing federal laws regulating firearms, firearm accessories, and ammunition, the use of public resources to confiscate firearms, and providing a penalty.

Firearms and dangerous weapons Legislature — Criminal penalties joint review committee on Municipality State agencies

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, stopped here
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill requires a manufacturer of firearms in this state to include a stamp

on the firearm that reads “Made in Wisconsin" or a similar stamp. This requirement

applies only to firearms manufactured after the effective date of the bill.

Under this bill, a firearm, accessory, or ammunition that is owned or

manufactured in this state and that does not leave this state is not subject to federal

regulation under the interstate commerce clause of the U.S. Constitution. Also,

under the bill, if a person incorporates a firearm component from another state into

a firearm manufactured in Wisconsin, the incorporation does not subject the firearm

to federal regulation under the commerce clause. In the case of a challenge to this

provision, the legislature has included an intent statement that finds authority for

it in the second, ninth, and tenth amendments to the U.S. Constitution and in article

I, section 25, of the Wisconsin Constitution.

This bill also prohibits a person from enforcing a federal act, law, statute, rule,

regulation, treaty, or order that takes effect on or after January 1, 2021, if it bans or

restricts semi-automatic firearms, assault weapons, or magazines; requires

registration of firearms, magazines, or other firearm accessories; regulates the

capacity of magazines; regulates the quantity of ammunition or bullets an individual

may possess; prohibits types of ammunition or bullets; or requires the confiscation

of a firearm. The bill creates some exceptions, including allowing for the enforcement

of such a federal law if it is identical to a state law. A person who violates the

prohibition is guilty of a Class A misdemeanor.

Finally, the bill prohibits any state agency or other body in state government

and any local governmental unit from expending moneys or using other resources to

confiscate a firearm, firearm accessory, or ammunition that is lawfully possessed

under the laws of Wisconsin.

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.

Sponsors

Introduced by: Allen (R) , Armstrong (R) , August (R) , Born (R) , Brandtjen (R) , Cabral-Guevara (R) , Callahan (R) , Dallman (R) , Edming (R) , Gundrum (R) , Horlacher (R) , Jagler (R) , James (R) , Kuglitsch (R) , Magnafici (R) , Moses (R) , Murphy (R) , Neylon (R) , Novak (R) , Pronschinske (R) , Rozar (R) , Schraa (R) , Skowronski (R) , Sortwell (R) , Steffen (R) , Summerfield (R) , Swearingen (R) , Tauchen (R) , Thiesfeldt (R) , Tittl (R) , VanderMeer (R) , Vorpagel (R) , Wichgers (R)

10 cosponsors

Bernier (R) , Felzkowski (R) , Jacque (R) , Loudenbeck (R) , Marklein (R) , Nass (R) , Plumer and Kurtz , Ramthun (R) , Roth (R) , Wanggaard (R)

Votes

Assembly: Report passage recommended by Committee on State Affairs, Ayes 9, Noes 3

Passed 9–3 Jun 3, 2021 official source full page

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

Assembly: PASSAGE

Passed 61–36 Jun 9, 2021 official source full page

Aye · 61

Not voting · 1

Senate: Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0

Passed 5–0 Jun 22, 2021 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 3, 2021 · Assembly

    Introduced by Representatives Pronschinske, August, Armstrong, Brandtjen, Cabral-Guevara, Callahan, Dallman, Edming, Gundrum, Horlacher, James, Kuglitsch, Magnafici, Moses, Murphy, Neylon, Novak, Rozar, Schraa, Skowronski, Sortwell, Steffen, Summerfield, Swearingen, Thiesfeldt, Tittl, VanderMeer, Vorpagel, Wichgers, Jagler, Tauchen, Allen and Born; cosponsored by Senators Felzkowski, Bernier, Jacque, Marklein, Nass, Roth and Wanggaard

  2. May 3, 2021 · Assembly

    Read first time and referred to Committee on State Affairs

  3. May 11, 2021 · Assembly

    Representatives Plumer and Kurtz added as coauthors

  4. May 25, 2021 · Assembly

    Public hearing held

  5. May 26, 2021 · Assembly

    Representative Loudenbeck added as a coauthor

  6. Jun 1, 2021 · Assembly

    Executive action taken

  7. Jun 3, 2021 · Assembly

    Report passage recommended by Committee on State Affairs, Ayes 9, Noes 3

  8. Jun 3, 2021 · Assembly

    Referred to committee on Rules

  9. Jun 3, 2021 · Assembly

    Placed on calendar 6-9-2021 by Committee on Rules

  10. Jun 9, 2021 · Assembly

    Ordered to a third reading

  11. Jun 9, 2021 · Assembly

    Rules suspended

  12. Jun 9, 2021 · Assembly

    Read a third time and passed, Ayes 61, Noes 36

  13. Jun 9, 2021 · Assembly

    Representative Ramthun added as a coauthor

  14. Jun 9, 2021 · Assembly

    Ordered immediately messaged

  15. Jun 9, 2021 · Senate

    Received from Assembly

  16. Jun 9, 2021 · Assembly

    Read a second time

  17. Jun 22, 2021 · Senate

    Read first time and referred to committee on Senate Organization

  18. Jun 22, 2021 · Senate

    Available for scheduling

  19. Jun 22, 2021 · Senate

    Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0

  20. Jun 22, 2021 · Senate

    Placed on calendar 6-23-2021 pursuant to Senate Rule 18(1)

  21. Jun 23, 2021 · Senate

    Read a second time

  22. Jun 23, 2021 · Senate

    Ordered to a third reading

  23. Jun 23, 2021 · Senate

    Rules suspended

  24. Jun 23, 2021 · Senate

    Read a third time and concurred in

  25. Jun 23, 2021 · Senate

    Ordered immediately messaged

  26. Jun 23, 2021 · Assembly

    Received from Senate concurred in

  27. Jun 24, 2021 · Assembly

    Report correctly enrolled on 6-24-2021

  28. Jul 8, 2021 · Assembly

    Presented to the Governor on 7-8-2021

  29. Jul 9, 2021 · Assembly

    Report vetoed by the Governor on 7-9-2021

  30. Nov 15, 2021 · Assembly

    Referred to committee on Rules

  31. May 17, 2022 · Assembly

    Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)

  32. May 17, 2022 · Assembly

    Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82