LRB-3413/1
RNK:bjk:pg
2007 - 2008 LEGISLATURE
January 24, 2008 - Introduced by Representatives Musser, Bies, Jeskewitz,
Berceau, Kaufert, Nass, Albers, Townsend, A. Ott, Ziegelbauer and Suder,
cosponsored by Senator Roessler. Referred to Committee on Natural
Resources.
AB722,1,3
1An Act to create 29.305 and 29.971 (3r) of the statutes;
relating to: prohibiting
2certain persons from obtaining and using licenses that authorize hunting with
3a firearm and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits certain persons from possessing a firearm. A felon is
prohibited from possessing a firearm subsequent to conviction and certain persons
adjudicated delinquent may not possess a firearm subsequent to adjudication. A
person found not guilty of a felony by reason of mental defect is prohibited from
possessing a firearm subsequent to the not guilty finding. Current law also prohibits
certain persons ordered not to possess a firearm, such as those committed for
treatment for a mental illness, from possessing a firearm while subject to that order.
A person who is enjoined from committing acts of domestic abuse or who is enjoined
from coming into contact with a child is prohibited from possessing a firearm while
the injunction is in effect. Finally, a person who is subject to an order that prohibits
the person from engaging in harassing behavior and from possessing a firearm, is
prohibited from possessing a firearm while the order is in effect.
This bill prohibits a person who, under current law, is prohibited from
possessing a firearm from obtaining a hunting license that authorizes the person to
hunt with a firearm, such as a small game hunting license or a deer hunting license.
The bill provides that a person who violates this prohibition is subject to a forfeiture
of not less than $1,000 nor more than $2,000. In addition, the court must revoke all
hunting, fishing, and trapping approvals issued to that person by the Department
of Natural Resources and prohibit that person from holding such an approval for a
period of five years.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB722, s. 1
1Section
1. 29.305 of the statutes is created to read:
AB722,2,4
229.305 Persons prohibited from obtaining or using certain hunting
3licenses. (1) In this section, "hunting license" means a license issued under this
4chapter that authorizes hunting with a firearm.
AB722,2,6
5(2) No person may obtain or use a hunting license if the person is prohibited
6from possessing a firearm under s. 941.29 (1).
AB722,2,9
7(3) The department, and its agents, shall inform each person who applies for
8a hunting license of the prohibition under sub. (2) and the penalties under ss. 29.971
9(3r) and 941.29.
AB722, s. 2
10Section
2. 29.971 (3r) of the statutes is created to read:
AB722,2,1611
29.971
(3r) For obtaining or using a hunting license in violation of s. 29.305 (2),
12by a forfeiture of not less than $1,000 nor more than $2,000. In addition, the court
13shall order the revocation of all hunting, fishing, and trapping approvals issued to
14the person under this chapter and shall prohibit the person from holding any
15hunting, fishing, or trapping approval under this chapter for a period of 5 years from
16the date of the court's order.
AB722,2,1918
(1) This act first applies to hunting licenses that are issued on the effective date
19of this subsection.
