Analysis by the Legislative Reference Bureau
Generally, current law does not prohibit the possession, sale, or transfer of an
assault weapon. This bill bans the transportation, purchase, possession, or transfer
of an assault weapon and specifically defines "assault weapon" for the purpose of the
ban. Under the bill, whoever transports, purchases, possesses, or transfers an
assault weapon is guilty of a felony and may be fined up to $10,000, sentenced to a
term of imprisonment of up to six years, or both; if the crime is committed in a school
zone, the maximum term of imprisonment is increased by five years. This ban does
not apply to the transportation, purchase, possession, or transfer of an assault
weapon that is rendered permanently inoperative, to any peace officer or armed
forces or military personnel while on official duty, to a licensed importer or
manufacturer of assault weapons, or to a firearms dealer who is authorized to sell
assault weapons.
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 concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB222,1 1Section 1. 165.70 (1) (b) of the statutes is amended to read:
AB222,2,52 165.70 (1) (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss.
3940.20 (3), 940.201, 941.25 to 941.27, 941.285, 943.01 (2) (c), 943.011, 943.27, 943.28,
4943.30, 944.30, 944.31, 944.32, 944.33, 944.34, 946.65, 947.02 (3) and (4), 948.075,
5and 948.08.
AB222,2 6Section 2. 938.78 (3) of the statutes is amended to read:
AB222,3,67 938.78 (3) Release of information when escape or absence; rules. If a juvenile
8adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
9of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats.,
10or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats.,
11or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28,
12941.285, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04,
13943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055,
14948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped
15from a juvenile correctional facility, residential care center for children and youth,
16inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile
17portion of a county jail, or from the custody of a peace officer or a guard of such a
18facility, center, or jail, or has been allowed to leave a juvenile correctional facility,
19residential care center for children and youth, inpatient facility, juvenile detention
20facility, or juvenile portion of a county jail for a specified time period and is absent
21from the facility, center, home, or jail for more than 12 hours after the expiration of

1the specified period, the department or county department having supervision over
2the juvenile may release the juvenile's name and any information about the juvenile
3that is necessary for the protection of the public or to secure the juvenile's return to
4the facility, center, home, or jail. The department shall promulgate rules
5establishing guidelines for the release of the juvenile's name or information about
6the juvenile to the public.
AB222,3 7Section 3. 939.632 (1) (e) 1. of the statutes is amended to read:
AB222,3,128 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
9(1c), 940.19 (2), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31,
10941.20, 941.21, 941.285, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1)
11or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.051, 948.055, 948.07, 948.08, 948.085,
12or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
AB222,4 13Section 4. 941.285 of the statutes is created to read:
AB222,3,14 14941.285 Possession of assault weapons. (1) In this section:
AB222,3,1515 (a) "Assault weapon" means any of the following:
AB222,3,1716 1. A semiautomatic, center-fire, or pump-action rifle that has the capacity to
17accept a detachable magazine and has any of the following:
AB222,3,1818 a. A pistol grip.
AB222,3,1919 b. A folding, telescoping, or thumbhole stock.
AB222,3,2020 c. A 2nd handgrip or protruding grip that can be held by the nontrigger hand.
AB222,3,2221 d. A shroud that is attached to, or partially or completely encircles, the barrel,
22but excluding a slide that encloses the barrel.
AB222,3,2323 e. A muzzle brake or muzzle compensator.
AB222,3,2424 f. A grenade launcher or a flare launcher.
AB222,3,2525 g. A flash suppressor.
AB222,4,1
1h. A forward pistol grip.
AB222,4,32 2. A semiautomatic pistol, or any semiautomatic, centerfire rifle with a fixed
3magazine, that has the capacity to accept more than 10 rounds of ammunition.
AB222,4,54 3. A semiautomatic, centerfire rifle that has an overall length of less than 30
5inches.
AB222,4,76 4. A semiautomatic pistol that has the capacity to accept a detachable
7magazine and has any of the following:
AB222,4,98 a. A threaded barrel capable of accepting a flash suppressor, forward handgrip,
9or silencer.
AB222,4,1010 b. A folding, telescoping, or thumbhole stock.
AB222,4,1111 c. A 2nd handgrip or protruding grip that can be held by the nontrigger hand.
AB222,4,1312 d. A shroud that is attached to, or partially or completely encircles, the barrel,
13but excluding a slide that encloses the barrel.
AB222,4,1414 e. A muzzle brake or muzzle compensator.
AB222,4,1515 5. A semiautomatic shotgun that has any of the following:
AB222,4,1716 a. A pistol grip, thumbhole stock, or vertical handgrip and a folding or
17telescoping stock.
AB222,4,1818 b. A fixed magazine capacity in excess of 5 rounds.
AB222,4,1919 c. An ability to accept a detachable magazine.
AB222,4,2020 6. A shotgun with a revolving cylinder.
AB222,4,2221 7. A conversion kit or parts from which an assault weapon can be assembled
22if all of the kit or parts are in the control of the same person.
AB222,5,223 (am) "Detachable magazine" means any ammunition feeding device, the
24function of which is to deliver one or more ammunition cartridges into the firing

1chamber, that can be removed from the firearm without any tool, bullet, or
2ammunition cartridge.
AB222,5,33 (b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB222,5,54 (c) 1. "Large-capacity magazine" means any ammunition feeding device that
5has the capacity to accept more than 7 rounds.
AB222,5,66 2. "Large-capacity magazine" does not include any of the following:
AB222,5,77 a. A 22-caliber tube ammunition feeding device.
AB222,5,88 b. A tubular magazine that is contained in a lever-action firearm.
AB222,5,109 (cg) "Muzzle brake" means a device that is attached to the muzzle of a weapon
10and that uses escaping gas to reduce recoil.
AB222,5,1211 (cr) "Muzzle compensator" means a device that is attached to the muzzle of a
12weapon and that uses escaping gas to control muzzle movement.
AB222,5,1313 (d) "Rifle" has the meaning given in s. 941.28 (1) (a).
AB222,5,1714 (e) "Semiautomatic" means that the firearm is a repeating firearm that
15requires a separate pull of the trigger to fire each cartridge and that uses a portion
16of the energy of a firing cartridge to extract the fired cartridge case and to place
17another unfired cartridge into the chamber.
AB222,5,1818 (f) "Shotgun" has the meaning given in s. 941.28 (1) (d).
AB222,5,21 19(2) Whoever manufactures, transports, purchases, possesses, goes armed with,
20or sells or otherwise transfers possession of an assault weapon is guilty of a Class H
21felony.
AB222,5,24 22(2m) Whoever manufactures, transports, purchases, possesses, or sells or
23otherwise transfers possession of a large-capacity magazine is guilty of a Class H
24felony.
AB222,5,25 25(3) Subsections (2) and (2m) do not apply to any of the following:
AB222,6,3
1(a) The transportation, purchase, possession, sale, or transfer of possession of
2an assault weapon or large-capacity magazine modified to render it permanently
3inoperative.
AB222,6,44 (b) Any law enforcement officer while on official duty.
AB222,6,55 (c) Any armed forces or military personnel while on official duty.
AB222,6,86 (d) The possession of an assault weapon or large-capacity magazine by any
7licensed importer or manufacturer under 26 USC 5801 to 5872 authorized to import
8or manufacture that assault weapon or large-capacity magazine.
AB222,6,119 (e) The possession of an assault weapon or large-capacity magazine under any
10of the following conditions by a firearms dealer authorized to sell assault weapons
11or large-capacity magazines:
AB222,6,1312 1. Transporting an assault weapon or large-capacity magazine to another
13firearms dealer authorized to sell assault weapons or large-capacity magazines.
AB222,6,1514 2. Transporting an assault weapon or large-capacity magazine to and
15displaying the assault weapon or large-capacity magazine at a gun show.
AB222,5 16Section 5. 946.82 (4) of the statutes is amended to read:
AB222,7,617 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961
18(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
19of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49,
20134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625,
21221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6),
22940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31, 941.20 (2) and
23(3), 941.26, 941.28, 941.285, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g),
24943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3)
25(bf) to (e), 943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, 943.28,

1943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and
2(c), 943.50 (4) (bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81, 943.82,
3943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e),
4944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10,
5946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65,
6946.72, 946.76, 946.79, 947.015, 948.05, 948.051, 948.08, 948.12, and 948.30.
AB222,6 7Section 6. 969.08 (10) (b) of the statutes is amended to read:
AB222,7,178 969.08 (10) (b) "Serious crime" means any crime specified in s. 943.23 (1m),
91999 stats., or s. 943.23 (1r), 1999 stats., or s. 346.62 (4), 940.01, 940.02, 940.03,
10940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201,
11940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g.,
121m., 1r., 2. or 3., 940.302 (2), 940.31, 941.20 (2) or (3), 941.26, 941.285, 941.30,
13941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10,
14943.23 (1g), 943.30, 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88,
15943.89, 943.90, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
16948.04, 948.05, 948.051, 948.06, 948.07, 948.085, or 948.30 or, if the victim is a
17financial institution, as defined in s. 943.80 (2), a crime under s. 943.84 (1) or (2).
AB222,7,1818 (End)
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