AB 293 — 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.

TheIn guaranteethis ofsection: those powers is a matter of contract between the state and people of Wisconsin and the United States as of the time of statehood.

for this section is found in all of the following:

(a) “Local governmental unit” means a political sub- (a) The 10th amendment to the U.S.

Constitution, division of this state, a special purpose district in this which reserves to the state or to the people all powers not state, an agency or corporation of a political subdivision delegated to the federal government elsewhere in the or special purpose district, or a combination or subunit of constitution.

The 10th amendment reserves to the state any of the foregoing.

and people of Wisconsin certain powers as they were (b) “State agency” means an association, authority, understood at the time that Wisconsin was admitted to board, department, commission, independent agency, statehood in 1848.

The guarantee of those powers is a institution, office, society, or other body in state govern- matter of contract between the state and people of Wis- ment created or authorized to be created by the constitu- consin and the United States as of the time of statehood.

tion or any law.

Constitution, which(2) guaranteesPROHIBITION. to the people rights not granted in the constitution and reserves to the people of Wisconsin certain rights as they were understood at the time Wisconsin was admitted to statehood in 1848.

TheNo guaranteestate ofagency theseand rightsno islocal agov- matterwhich ofguarantees contractto betweenthe people rights not granted in the stateernmental unit may expend moneys or use other constitution and reserves to the people of Wisconsin andcer- theresources Unitedto Statesconfiscate a firearm, firearm accessory, or tain rights as ofthey were understood at the time Wisconsin ammunition that is lawfully possessed under the laws of statehood.was admitted to statehood in 1848.

(c) The 2ndguarantee amendmentof tothis thestate. U.S.

Constitution,these whichrights reservesis toa thematter people,of individually,contract between the rightstate to keep and bearSECTION arms2. as that right was understood at the time that Wisconsin was admitted to statehood in 1848.

The175.36 guarantee of thatthe rightstatutes is acreated matterto ofread: contract between the state and people of Wisconsin and the United States as of the time of statehood.

(d)people Article I, section 25, of the Wisconsin Constitution,and which guarantees Wisconsin citizens the rightUnited toStates keepas andof bearthe armstime for175.36 security,Firearm defense,requirement. hunting, recreation, or any other lawful purpose.

-Any 2022person Legislaturewho - 4 - LRB-2788/1 CMH&MPG:cjs&skw ASSEMBLY BILL 293 SECTION 3 (2) (a) A firearm, a firearm accessory, or ammunition that is owned or manufactured in this state and that remains within the borders of thisstatehood. state is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce and is not considered to have traveled in interstate commerce.

(b)manufactures 1.a firearm in this state on or after the effec- (c) The 2nd amendment to the U.S.

AConstitution, componenttive partdate of athis firearmsection that.... has multiple manufacturing or consumer product applications is not a firearm, a firearm accessory, or ammunition and is not subject to a federal law regulating firearms, firearm accessories, or ammunition.

2.[LRB inserts date], shall have which reserves to the people, individually, the right to clearly stamped on a central metal part of the firearm keep and bear arms as that right was understood at the * Section 991.11ISCONSINSTATUTES:

IncorporationEffective indate a firearm, a firearm accessory, or ammunition of aacts. component part that has been imported into Wisconsin does not subject the firearm, firearm accessory, or ammunition to a federal law regulating firearms, firearm accessories, or ammunition and does not mean the firearm, firearm accessory, or ammunition has traveled in interstate commerce.

(3)“Every (a)act Inand thisevery subsection,portion “federalof law”an meansact anyenacted act,by law,the statute,legislature rule,over regulation,the treaty,governor’s orpartial orderveto ofwhich does not expressly prescribe the U.S.time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act − 2 − 2021 Assembly Bill 293 time that Wisconsin was admitted to statehood in 1848.

government,(b) includingNo anyperson federalmay firearmknowingly enforce or ammunitionattempt registrationto program,The guarantee of that takesright effectis ona ormatter afterof Januarycontract 1,between 2021.enforce a federal law that does any of the following:

(b)the Nostate personand maypeople knowinglyof enforceWisconsin orand attemptthe toUnited enforceStates a1. federal law that does any of the following:

1.Bans or restricts ownership or possession of semi− as of the time of statehood.

Bansautomatic or restricts ownership or possession of semi-automatic firearms, assault weapons, or magazines.

(d) Article I, section 25, of the Wisconsin Constitu- 2.

Requires registration of firearms, magazines, or tion, which guarantees Wisconsin citizens the right to other firearm accessories.

keep and bear arms for security, defense, hunting, recre- 3.

ation, or any other lawful purpose.

Regulates the quantity of ammunition or bullets an (2)(a) A firearm, a firearm accessory, or ammunition that is owned or manufactured in this state and that individual may possess.

remains within the borders of this state is not subject to 5.

LRB-2788/1federal -law 2022or Legislaturefederal -regulation, 5including -registration, CMH&MPG:cjs&skw SECTION 3 ASSEMBLY BILL 293 6.

under the authority of Congress to regulate interstate (c) Notwithstanding par.

(b), a federal law may be enforced if the federal law is identical to a state law or if thecommerce federaland lawis bans,not restrictsconsidered ownershipto orhave possessiontraveled of,in regulates,inter- orstate confiscatescommerce. any of the following:

the federal law bans, restricts ownership or possession of, (b) 1.

A component part of a firearm that cannothas bemultiple carriedregulates, andor usedconfiscates byany oneof individual.the following:

manufacturing or consumer product applications is not a 1.

A firearm that cannot be carried and used by one firearm, a firearm accessory, or ammunition and is not individual.

subject to a federal law regulating firearms, firearm accessories, or ammunition.

Ammunition that has a projectile that explodes using chemical energy after the projectile leaves the firearm.2.

3.Incorporation in a firearm, a firearm accessory, or firearm.

Aammunition firearm,of other than a shotguncomponent thatpart is not a fully automatic shotgun, that dischargeshas 2been orimported more3. projectiles with one activation of the trigger or other firing device.

(d)A Nofirearm, personother maythan bea discharged,shotgun disciplined,that demoted,is not a fully into Wisconsin does not subject the firearm, firearm automatic shotgun, that discharges 2 or suspended;more projectiles accessory, or ammunition to a federal law regulating firearms, firearm accessories, or ammunition and does with one activation of the trigger or other firing device.

not mean the firearm, firearm accessory, or ammunition (d) No person may be discharged, disciplined, has traveled in interstate commerce.

demoted, or suspended;

or otherwise discriminated against with (3) (a) In this subsection, “federal law” means any regard to employment;

or threatened with any such treatmenttreat- foract, complyinglaw, withstatute, therule, prohibitionregulation, undertreaty, par.or order of the U.S.

government, including any federal firearm or ment for complying with the prohibition under par.

ammunition registration program, that takes effect on or (e) A person who violates par.

(b) is guilty of a Class Aafter misdemeanor.January 1, 2021.

(END)A misdemeanor.