2023 - 2024 LEGISLATURE
LRB-5247/1
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2023 SENATE BILL 766
December 8, 2023 - Introduced by Senators LARSON, TAYLOR, HESSELBEIN and L.
JOHNSON, cosponsored by Representatives SUBECK, CONLEY, J. ANDERSON,
EMERSON, CONSIDINE, SINICKI, ANDRACA, BARE, CABRERA, JACOBSON, JOERS,
OHNSTAD, PALMERI, RATCLIFF, SHELTON and STUBBS. Referred to Committee on
Judiciary and Public Safety.
1 AN ACT to amend 968.02 (4) and 968.07 (3); and to repeal and recreate 948.55
2 of the statutes; relating to: storage of a firearm in residence if child is present
3 and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits a person from storing or leaving a firearm at his or her
residence if the person resides with a child who is under the age of 18, or knows a child
who is under the age of 18 will be present in the residence, unless the firearm is in
a securely locked box or container or other secure locked location or has a trigger lock
engaged. A person who violates this prohibition is guilty of a Class A misdemeanor
for a first offense and a Class I felony for a subsequent offense. This prohibition
replaces the current law that penalizes a person who recklessly stores or leaves a
loaded firearm within reach of a child who is under 14 if the child obtains it and does
one of the following: 1) discharges the firearm and causes bodily harm or death (Class
A misdemeanor); or 2) possesses or exhibits the firearm in a public place or
endangers public safety (Class C misdemeanor).
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
 2023 - 2024 Legislature -2- LRB-5247/1
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SENATE BILL 766 SECTION 1
1 SECTION 1. 948.55 of the statutes is repealed and recreated to read:
2 948.55 Storage of firearm if children present. (1) Whoever resides with
3 a child, or knows a child will be present in his or her residence, may not store or leave
4 a firearm at his or her residence unless the firearm is in a securely locked box or
5 container or in a locked location that a reasonable person would believe to be secure
6 or unless a trigger lock is engaged on the firearm. This prohibition does not apply
7 to a person who is going armed with the firearm.
8 (2) A person who violates sub. (1) is guilty of the following:
9 (a) For a first violation, a Class A misdemeanor.
10 (b) For a 2nd or subsequent violation, a Class I felony.
11 SECTION 2. 968.02 (4) of the statutes is amended to read:
12 968.02 (4) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was
13 the parent or guardian of a child who is injured or dies as a result of an accidental
14 shooting, the district attorney may consider, among other factors, the impact of the
15 injury or death on the alleged violator when deciding whether to issue a complaint
16 regarding the alleged violation. This subsection does not restrict the factors that a
17 district attorney may consider in deciding whether to issue a complaint regarding
18 any alleged violation.
19 SECTION 3. 968.07 (3) of the statutes is amended to read:
20 968.07 (3) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was
21 the parent or guardian of a child who is injured or dies as a result of an accidental
22 shooting, no law enforcement officer may arrest the alleged violator until at least 7
23 days after the date of the shooting.
24 (END)


Statutes affected:
Bill Text: 948.55, 968.02(4), 968.02, 968.07(3), 968.07