SB 314

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.