Wisconsin CCW/Permit to Carry Law
Date of enactment: July 8, 2011
2011 Senate Bill 93 Date of publication*: July 22, 2011
2011 WISCONSIN ACT 35
AN ACT to repeal 941.237 (4) and 948.605 (2) (b) 1., 2., 4., 5. and 7.; to renumber 167.30, 941.295 (1), 943.13 (1e)
(a) and 947.01; to renumber and amend 29.089 (2), 29.091, 29.621 (4), 167.31 (3) (a), 440.26 (3m), 941.23, 941.235
(2), 941.295 (2) (d), 941.295 (4), 943.13 (2), 948.605 (2) (b) 6. and 948.605 (2) (b) 8.; to amend 23.33 (3) (e), 48.685
(2) (bb), 50.065 (2) (bb), 59.54 (6), 66.0409 (3) (b), 165.60, 165.81 (2), 165.82 (1) (intro.), 165.82 (2), 167.31 (1)
(b), 167.31 (2) (a), 167.31 (2) (b), 167.31 (2) (c), 813.12 (6) (am) 1., 813.122 (9) (am) 1., 813.125 (5r) (a), 895.527
(5) (a), 938.396 (2g) (n), 939.22 (10), 941.295 (2) (intro.), 943.13 (1m) (b), 943.13 (3), 947.011 (2) (a) 1., 947.011
(2) (c) 1., 947.011 (2) (d), 948.60 (1), 948.605 (2) (a), 948.605 (2) (b) (intro.), 968.255 (1) (a) 2., 971.37 (1m) (a)
2. and 973.055 (1) (a) 1.; and to create 20.455 (2) (gs), 20.455 (2) (gu), 29.089 (2) (a), 29.089 (2) (b), 29.089 (2) (c),
29.089 (2) (d), 29.091 (2), 29.621 (4) (a), 29.621 (4) (b), 29.621 (4) (c), 29.621 (4) (d), 29.621 (6), 66.0409 (6), 165.25
(12), 167.30 (2), 167.31 (3) (a) 2., 167.31 (4) (at), 175.48, 175.49, 175.60, 440.26 (3m) (a), 440.26 (3m) (b), 440.26
(3m) (c), 440.26 (3m) (d), 941.23 (1), 941.23 (2) (b), 941.23 (2) (c), 941.23 (2) (d), 941.23 (2) (e), 941.23 (3), 941.235
(2) (c), 941.235 (2) (d), 941.235 (2) (e), 941.237 (3) (cr), 941.237 (3) (ct), 941.237 (3) (cx), 941.295 (1c) (b) and (c),
941.295 (2) (d) 2., 941.295 (2g), 941.295 (2r), 943.13 (1e) (aL), 943.13 (1e) (bm), 943.13 (1e) (cm), 943.13 (1e) (g),
943.13 (1e) (h), 943.13 (1m) (c), 943.13 (2) (bm), 946.71, 947.01 (2) and 948.605 (2) (b) 1m. and 1r. of the statutes;
relating to: carrying a concealed weapon; licenses authorizing persons to carry concealed weapons; possessing or
transporting a firearm, bow, or crossbow under certain circumstances; disorderly conduct limitations; photographic
identification cards for former law enforcement officers; providing an exemption from emergency rule procedures;
requiring the exercise of rule−making authority; making appropriations; and providing penalties.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 20.455 (2) (gs) of the statutes is created
to read:
20.455 (2) (gs) Background check for licenses to
carry concealed weapons. The amounts in the schedule
to provide services under s. 175.60. All moneys received
as fee payments under s. 175.60 (7) (c) and (d), (13), and
(15) (b) 4. a. and b. shall be credited to this appropriation.
SECTION 2. 20.455 (2) (gu) of the statutes is created
to read:
20.455 (2) (gu) Certification cards for carrying concealed weapons. All moneys received as fees under s.
175.49 (5m) to verify eligibility of, and to issue certification cards to, former officers seeking to carry concealed
weapons.
SECTION 3. 23.33 (3) (e) of the statutes is amended
to read:
23.33 (3) (e) With any firearm in his or her possession
unless it is unloaded and enclosed in a carrying case or
unless the firearm is a handgun, as defined in s. 175.60 (1)
(bm), or any bow unless it is unstrung or enclosed in a carrying case.
* Section 991.11, WISCONSIN STATUTES 2009−10 : Effective date of acts. “Every act and every portion of an act enacted by the legislature over
the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication
as designated” by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].2011 Wisconsin Act 35 − 2 − 2011 Senate Bill 93
SECTION 4. 29.089 (2) of the statutes is renumbered
29.089 (2) (intro.) and amended to read:
29.089 (2) (intro.) Except as provided in sub. (3), no
person may have in his or her possession or under his or
her control a firearm on land located in state parks or state
fish hatcheries unless the firearm is unloaded and
enclosed within a carrying case. This subsection does not
apply to any of the following:
SECTION 5. 29.089 (2) (a) of the statutes is created to
read:
29.089 (2) (a) A person who is employed in this state
by a public agency as a law enforcement officer and to
whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.
SECTION 6. 29.089 (2) (b) of the statutes is created to
read:
29.089 (2) (b) A qualified out−of−state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s.
941.23 (2) (b) 1. to 3. applies.
SECTION 7. 29.089 (2) (c) of the statutes is created to
read:
29.089 (2) (c) A former officer, as defined in s.
941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.
SECTION 8. 29.089 (2) (d) of the statutes is created to
read:
29.089 (2) (d) A licensee, as defined in s. 175.60 (1)
(d), or an out−of−state licensee, as defined in s. 175.60 (1)
(g), if the firearm is a handgun, as defined in s. 175.60 (1)
(bm).
SECTION 9. 29.091 of the statutes is renumbered
29.091 (1) and amended to read:
29.091 (1) No person may hunt or trap within any
wildlife refuge established under s. 23.09 (2) (b) or
29.621 (1), or, except as provided in sub. (2), have possession or control of any gun, firearm, bow or crossbow
unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow
is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state wildlife refuge boundary lines
shall be marked by posts placed at intervals of not over
500 feet and bearing signs with the words “Wisconsin
Wildlife Refuge”.
SECTION 10. 29.091 (2) of the statutes is created to
read:
29.091 (2) The prohibition in sub. (1), as it relates to
the possession or control of a loaded or unencased gun or
firearm within a refuge established under s. 23.09 (2) (b),
does not apply to any of the following:
(a) A person who is employed in this state by a public
agency as a law enforcement officer and to whom s.
941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.
(b) A qualified out−of−state law enforcement officer,
as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b)
1. to 3. applies.
(c) A former officer, as defined in s. 941.23 (1) (c),
to whom s. 941.23 (2) (c) 1. to 7. applies.
(d) A licensee, as defined in s. 175.60 (1) (d), or an
out−of−state licensee, as defined in s. 175.60 (1) (g), if the
gun or firearm is a handgun, as defined in s. 175.60 (1)
(bm).
SECTION 11. 29.621 (4) of the statutes is renumbered
29.621 (4) (intro.) and amended to read:
29.621 (4) PROTECTION. (intro.) Except as provided
in s. 29.091 (1), no owner of a wildlife refuge, and no
other person, may hunt or trap within the boundaries of
any wildlife refuge or have in his or her possession or
under his or her control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is
unloaded, the bow or crossbow is unstrung and the gun,
firearm, bow or crossbow is enclosed within a carrying
case. Nothing in this section may prohibit, prevent or
interfere with the department in the destruction of injurious animals. This subsection, as it relates to the possession or control of a loaded or unencased firearm, does not
apply to any of the following:
SECTION 12. 29.621 (4) (a) of the statutes is created
to read:
29.621 (4) (a) A person who is employed in this state
by a public agency as a law enforcement officer and to
whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.
SECTION 13. 29.621 (4) (b) of the statutes is created
to read:
29.621 (4) (b) A qualified out−of−state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s.
941.23 (2) (b) 1. to 3. applies.
SECTION 14. 29.621 (4) (c) of the statutes is created
to read:
29.621 (4) (c) A former officer, as defined in s.
941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.
SECTION 15. 29.621 (4) (d) of the statutes is created
to read:
29.621 (4) (d) A licensee, as defined in s. 175.60 (1)
(d), or an out−of−state licensee, as defined in s. 175.60 (1)
(g), if the gun or firearm is a handgun, as defined in s.
175.60 (1) (bm).
SECTION 16. 29.621 (6) of the statutes is created to
read:
29.621 (6) INJURIOUS ANIMALS. Nothing in this section may prohibit, prevent, or interfere with the department in the destruction of injurious animals.
SECTION 17. 48.685 (2) (bb) of the statutes is
amended to read:
48.685 (2) (bb) If information obtained under par.
(am) or (b) 1. indicates a charge of a serious crime, but
does not completely and clearly indicate the final disposition of the charge, the department, county department,
agency contracted with under s. 48.651 (2), child welfare
agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to determine the
final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or
a conviction of a serious crime, but information obtained 2011 Senate Bill 93 − 3 − 2011 Wisconsin Act 35
under par. (am) or (b) 1. does not indicate such a charge
or conviction, the department, county department,
agency contracted with under s. 48.651 (2), child welfare
agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy
of the criminal complaint and the final disposition of the
complaint. If information obtained under par. (am) or (b)
1., a background information form under sub. (6) (a) or
(am), or any other information indicates a conviction of
a violation of s. 940.19 (1), 940.195, 940.20, 941.30,
942.08, 947.01 (1), or 947.013 obtained not more than 5
years before the date on which that information was
obtained, the department, county department, agency
contracted with under s. 48.651 (2), child welfare agency,
school board, or entity shall make every reasonable effort
to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that
violation.
SECTION 18. 50.065 (2) (bb) of the statutes is
amended to read:
50.065 (2) (bb) If information obtained under par.
(am) or (b) indicates a charge of a serious crime, but does
not completely and clearly indicate the final disposition
of the charge, the department or entity shall make every
reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background
information form under sub. (6) (a) or (am), or any disclosure made pursuant to a disclosure policy described
under sub. (6) (am), indicates a charge or a conviction of
a serious crime, but information obtained under par. (am)
or (b) does not indicate such a charge or conviction, the
department or entity shall make every reasonable effort
to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint.
If information obtained under par. (am) or (b), a background information form under sub. (6) (a) or (am), any
disclosure made pursuant to a disclosure policy described
under sub. (6) (am), or any other information indicates a
conviction of a violation of s. 940.19 (1), 940.195,
940.20, 941.30, 942.08, 947.01 (1), or 947.013 obtained
not more than 5 years before the date on which that information was obtained, the department or entity shall make
every reasonable effort to contact the clerk of courts to
obtain a copy of the criminal complaint and judgment of
conviction relating to that violation.
SECTION 19. 59.54 (6) of the statutes is amended to
read:
59.54 (6) PEACE AND ORDER. The board may enact
and enforce ordinances to preserve the public peace and
good order within the county including, but not limited
by enumeration, ordinances prohibiting conduct that is
the same as or similar to conduct that is prohibited by ss.
947.01 (1) and 947.02, and provide a forfeiture for a
violation of the ordinances.
SECTION 20. 66.0409 (3) (b) of the statutes is
amended to read:
66.0409 (3) (b) Nothing in this section prohibits a
city, village or town that is authorized to exercise village
powers under s. 60.22 (3) from enacting an ordinance or
adopting a resolution that restricts the discharge of a firearm. Any ordinance or resolution that restricts the discharge of a firearm does not apply and may not be
enforced if the actor’s conduct is justified or, had it been
subject to a criminal penalty, would have been subject to
a defense described in s. 939.45.
SECTION 21. 66.0409 (6) of the statutes is created to
read:
66.0409 (6) Unless other facts and circumstances that
indicate a criminal or malicious intent on the part of the
person apply, no person may be in violation of, or be
charged with a violation of, an ordinance of a political
subdivision relating to disorderly conduct or other inappropriate behavior for loading, carrying, or going armed
with a firearm, without regard to whether the firearm is
loaded or is concealed or openly carried. Any ordinance
in violation of this subsection does not apply and may not
be enforced.
SECTION 22. 165.25 (12) of the statutes is created to
read:
165.25 (12) RULES REGARDING CONCEALED WEAPONS
LICENSES. Promulgate by rule a list of states that issue a
permit, license, approval, or other authorization to carry
a concealed weapon if the permit, license, approval, or
other authorization requires, or designates that the holder
chose to submit to, a background search that is comparable to a background check as defined in s. 175.60 (1) (ac).
SECTION 23. 165.60 of the statutes is amended to
read:
165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (2m), and
(8), 175.60 (17) (e), 944.30, 944.31, 944.33, 944.34,
945.02 (2), 945.03 (1m), and 945.04 (1m) and ch. 108
and, with respect to a false statement submitted or made
under s. 175.60 (7) (b) or (15) (b) 2. or as described under
s. 175.60 (17) (c), to enforce s. 946.32 and is invested
with the powers conferred by law upon sheriffs and
municipal police officers in the performance of those
duties. This section does not deprive or relieve sheriffs,
constables, and other local police officers of the power
and duty to enforce those sections, and those officers
shall likewise enforce those sections.
SECTION 24. 165.81 (2) of the statutes is amended to
read:
165.81 (2) Any electric weapon, as defined in s.
941.295 (4) (1c) (a), in the possession of the laboratories
shall either be destroyed or be turned over to an agency
authorized to have electric weapons under s. 941.295 (2).
SECTION 25. 165.82 (1) (intro.) of the statutes is
amended to read:
165.82 (1) (intro.) Notwithstanding s. 19.35 (3), the
department of justice shall impose the following fees,
plus any surcharge required under sub. (1m), for criminal2011 Wisconsin Act 35 − 4 − 2011 Senate Bill 93
history searches for purposes unrelated to criminal justice or to s. 175.35, 175.49, or 175.60:
SECTION 26. 165.82 (2) of the statutes is amended to
read:
165.82 (2) Except as provided in s. 175.35, the The
department of justice shall not impose fees for criminal
history searches for purposes related to criminal justice.
SECTION 27. 167.30 of the statutes is renumbered
167.30 (1).
SECTION 28. 167.30 (2) of the statutes is created to
read:
167.30 (2) Subsection (1) does not apply to the discharge of a firearm if the actor’s conduct is justified or,
had it been subject to a criminal penalty, would have been
subject to a defense described in s. 939.45.
SECTION 29. 167.31 (1) (b) of the statutes is amended
to read:
167.31 (1) (b) “Encased” means enclosed in a case
that is expressly made for the purpose of containing a
firearm and that is completely zipped, snapped, buckled,
tied or otherwise fastened with no part of the firearm
exposed.
SECTION 30. 167.31 (2) (a) of the statutes is amended
to read:
167.31 (2) (a) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow, or
crossbow in or on a motorboat with the motor running,
unless the firearm is a handgun, as defined in s. 175.60 (1)
(bm), unless the firearm is unloaded, or unless the bow or
crossbow is unstrung or is enclosed in a carrying case.
SECTION 31. 167.31 (2) (b) of the statutes is amended
to read:
167.31 (2) (b) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow, or
crossbow in or on a vehicle, unless the firearm is a handgun, as defined in s. 175.60 (1) (bm), unless the firearm
is unloaded and encased, or unless the bow or crossbow
is unstrung or is enclosed in a carrying case.
SECTION 32. 167.31 (2) (c) of the statutes is amended
to read:
167.31 (2) (c) Except as provided in sub. (4), no person may load a firearm, other than a handgun, as defined
in s. 175.60 (1) (bm), in a vehicle or discharge a firearm
or shoot a bolt or an arrow from a bow or crossbow in or
from a vehicle.
SECTION 33. 167.31 (3) (a) of the statutes is renumbered 167.31 (3) (a) (intro.) and amended to read:
167.31 (3) (a) (intro.) Except as provided in sub. (4),
no person may place, do any of the following:
1. Place, possess, or transport a firearm, bow, or
crossbow in or on an a commercial aircraft, unless the
firearm is unloaded and encased or unless the bow or
crossbow is unstrung or is enclosed in a carrying case.
SECTION 34. 167.31 (3) (a) 2. of the statutes is created
to read:
167.31 (3) (a) 2. Place, possess, or transport a firearm, bow, or crossbow in or on a noncommercial aircraft,
unless the firearm is unloaded and encased or the firearm
is a handgun, as defined in s. 175.60 (1) (bm), or unless
the bow or crossbow is unstrung or is enclosed in a carrying case.
SECTION 35. 167.31 (4) (at) of the statutes is created
to read:
167.31 (4) (at) Subsections (2) (c) and (d) and (3) (b)
do not apply to the discharge of a firearm if the actor’s
conduct is justified or, had it been subject to a criminal
penalty, would have been subject to a defense described
in s. 939.45.
SECTION 36. 175.48 of the statutes is created to read:
175.48 Law enforcement officer identification
cards. (1) In this section, “Wisconsin law enforcement
agency” has the meaning given in s. 175.46 (1) (f).
(2) If a Wisconsin law enforcement agency issues
photographic identification cards to its officers, it may
not require an officer to relinquish his or her card when
the officer separates from service with the Wisconsin law
enforcement agency unless one of the following applies:
(a) The officer may not lawfully possess a firearm
under federal law.
(b) The officer did not separate from service in good
standing as a law enforcement officer with the agency.
(c) The officer served as a law enforcement officer
for an aggregate of less than 10 years. This paragraph
does not apply if the officer, after completing any applicable probationary period of service with the agency, separated from service with the agency due to a service−connected disability, as determined by the agency.
(d) Either of the following applies:
1. A qualified medical professional employed by the
law enforcement agency has found the officer to be
unqualified to be a law enforcement officer for reasons
related to the officer’s mental health.
2. The officer has entered into an agreement with the
law enforcement agency from which he or she is separating from service in which the officer acknowledges that
he or she is not qualified to be a law enforcement officer
for reasons related to the officer’s mental health and in
which the officer declines the photographic identification for that reason.
(3) Unless sub. (2) (a), (b), (c), or (d) applies, if a Wisconsin law enforcement agency does not issue photographic identification cards to its officers, it shall issue
such a card to an officer who separates from service with
that agency upon the separating officer’s request and at
his or her expense.
(4) This section does not restrict the right of an officer
who has separated from service to go armed with a firearm that is not concealed. 2011 Senate Bill 93 − 5 − 2011 Wisconsin Act 35
SECTION 37. 175.49 of the statutes is created to read:
175.49 Former law enforcement officers seeking
to carry concealed weapons. (1) DEFINITIONS. In this
section:
(a) “Department” means the department of justice.
(b) “Destructive device” has the meaning given in 18
USC 921 (a) (4).
(c) “Firearm silencer” has the meaning given in s.
941.298 (1).
(d) “Former federal law enforcement officer” means
a person who separated from service as a law enforcement officer at a federal law enforcement agency and
who resides in Wisconsin.
(e) “Former law enforcement officer” means a person who separated from service as a law enforcement
officer at a state or local law enforcement agency in Wisconsin.
(f) “Law enforcement agency” means an agency that
consists of one or more persons employed by the federal
government, including any agency described under 18
USC 926C (e) (2); a state, or a political subdivision of a
state; the U.S. armed forces; or the national guard, that
has as its purposes the prevention and detection of crime
and the enforcement of laws or ordinances, and that is
authorized to make arrests for crimes.
(g) “Law enforcement officer” means a person who
is employed by a law enforcement agency for the purpose
of engaging in, or supervising others engaging in, the prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law and
who has statutory powers of arrest.
(h) “Machine gun” has the meaning given in s.
941.27 (1).
(2) CERTIFICATION OF FORMER LAW ENFORCEMENT
OFFICERS. (a) Upon the request of a former law enforcement officer and at the expense of the former law enforcement agency officer, a law enforcement agency that
employed the former law enforcement officer shall,
except as provided in par. (b), issue the former law
enforcement officer a certification card as described in
sub. (4) stating all of the following:
1. The type of firearm the former law enforcement
officer is certified to carry, but no former law enforcement officer may be certified to carry a machine gun, a
firearm silencer, or a destructive device.
2. The former law enforcement officer has been
found by the state, or by a certified firearms instructor if
such an instructor is qualified to conduct a firearms qualification test for active law enforcement officers in the
state, to meet the standards for qualification in firearms
training for active law enforcement officers to carry a
firearm of the type under subd. 1., that are established by
the state or, if the state does not establish standards, by the
law enforcement agency from which the former law
enforcement officer separated.
3. The date on which the finding under subd. 2. was
made and an expiration date that is 12 months later than
that date.
4. That, due to the finding under subd. 2., the former
law enforcement officer is qualified to carry a concealed
firearm of the type under subd. 1.
(b) The law enforcement agency may not issue the
former law enforcement officer a certification card under
par. (a) unless the law enforcement agency first verifies
all of the following:
1. The former law enforcement officer separated
from service as a law enforcement officer with the law
enforcement agency in good standing.
2. The former law enforcement officer served as a
law enforcement officer for an aggregate of at least 10
years or the former law enforcement officer separated
from law enforcement service due to a service−connected
disability, as determined by the law enforcement agency,
after completing any applicable probationary period.
3. Both of the following:
a. A qualified medical professional employed by the
law enforcement agency has not found the former law
enforcement officer to be unqualified to be a law enforcement officer for reasons related to the former officer’s
mental health.
b. The former law enforcement officer has not
entered into an agreement with the law enforcement
agency from which he or she separated from service in
which the former officer acknowledges that he or she is
not qualified to be a law enforcement officer for reasons
related to his or her mental health and in which he or she
declines the photographic identification for that reason.
4. The former law enforcement officer is not prohibited under federal law from possessing a firearm as indicated by a search of the transaction information for management of enforcement system and the national criminal
background check system.
5. The former law enforcement officer has, during
the previous 12 months at his or her own expense, been
found by the state, or by a certified firearms instructor if
such an instructor is qualified to conduct a firearms qualification test for active law enforcement officers in the
state, to meet the standards for qualification in firearms
training for active law enforcement officers to carry a
firearm of the type under par. (a) 1., that are established
by the state or, if the state does not establish standards, by
the law enforcement agency from which the former law
enforcement officer separated.
(3) CERTIFICATION OF FORMER FEDERAL LAW ENFORCEMENT OFFICERS. (a) Upon the request of a former federal
law enforcement officer and at the expense of the former
federal law enforcement officer, the department may,
except as provided in par. (b), issue the former federal law
enforcement officer a certification card as described in
sub. (4) stating all of the following:2011 Wisconsin Act 35 − 6 − 2011 Senate Bill 93
1. The type of firearm the former federal law enforcement officer is certified to carry, but no former federal
law enforcement officer may be certified to carry a
machine gun, a firearm silencer, or a destructive device.
2. The former federal law enforcement officer been
found by the state, or by a certified firearms instructor if
such an instructor is qualified to conduct a firearms qualification test for active law enforcement officers in the
state, to meet the standards for qualification in firearms
training for active law enforcement officers to carry a
firearm of the type under subd. 1., that are established by
the state or, if the state does not establish standards, by
any law enforcement agency in the state.
3. The date on which the finding under subd. 2. was
made and an expiration date that is 12 months later than
that date.
4. That, due to the finding under subd. 2., the former
federal law enforcement officer is qualified to carry a
concealed firearm of the type under subd. 1.
(b) The department may not issue the former federal
law enforcement officer a certification card under par. (a)
unless the department first verifies all of the following:
1. The former federal law enforcement officer separated from service as a law enforcement officer with the
law enforcement agency in good standing.
2. The former federal law enforcement officer served
as a law enforcement officer for an aggregate of at least
10 years or the former federal law enforcement officer
separated from law enforcement service due to a service−
connected disability, as determined by the law enforcement agency from which the former federal law enforcement officer separated, after completing any applicable
probationary period.
3. a. A qualified medical professional employed by
the law enforcement agency from which the former federal law enforcement officer separated has not found the
former federal law enforcement officer to be unqualified
to be a law enforcement officer for reasons related to the
former officer’s mental health.
b. The former federal law enforcement officer has not
entered into an agreement with the law enforcement
agency from which he or she separated from service in
which the former officer acknowledges that he or she is
not qualified to be a law enforcement officer for reasons
related to his or her mental health.
4. The former federal law enforcement officer is not
prohibited under federal law from possessing a firearm as
indicated by a search of the transaction information for
management of enforcement system and the national
criminal background check system.
5. The former federal law enforcement officer has,
during the previous 12 months at his or her own expense,
been found by the state, or by a certified firearms instructor if such an instructor is qualified to conduct a firearms
qualification test for active law enforcement officers in
the state, to meet the standards for qualification in firearms training for active law enforcement officers to carry
a firearm of the type under par. (a) 1., that are established
by the state or, if the state does not establish standards, by
any law enforcement agency in the state.
(c) If, under par. (a), the department issues a former
federal law enforcement officer a certification card, the
department shall add the former federal law enforcement
officer’s information to the list the department maintains
under s. 175.60 (12) (a).
(4) CERTIFICATION CARDS. (a) 1. Subject to pars. (b),
(c), and (d) and sub. (3) (a), the department shall design
a certification card to be issued by the department under
sub. (3) (a).
2. Subject to pars. (b), (c), and (d) and sub. (2) (a),
each law enforcement agency, upon a request, shall
design a certification card to be issued by the law enforcement agency under sub. (2) (a).
(b) A certification card shall contain on one side all
of the following:
1. The full name, date of birth, and residence address
of the person who holds the certification card.
2. A photograph of the certification card holder and
a physical description that includes sex, height, and eye
color.
3. The name of this state.
(c) A certification card shall include a statement that
the certification card does not confer any law enforcement authority on the certification card holder and does
not make the certification card holder an employee or
agent of the certifying agency or department.
(d) A certification card may not contain the certification card holder’s social security number.
(5) RENEWAL OF CERTIFICATION CARDS. A person who
holds a current certification card issued under sub. (2) or
(3) may renew the certification card by requesting the law
enforcement agency or the department, whichever issued
the current certification card, to renew the certification
card at the expense of the person holding the card, if,
before the date the certification card expires, the law
enforcement agency verifies sub. (2) (b) 4. and 5. if the
certification card holder is a former law enforcement
officer, or the department verifies sub. (3) (b) 4. and 5. if
the certification card holder is a former federal law
enforcement officer, and the certification card holder
provides any information necessary for the verification.
The renewal shall state the date on which verification was
made and an expiration date that is 12 months later than
that date.
(5m) FEES. The department may charge a fee to
verify eligibility for a certification card under this section, for the issuance of a certification card under sub. (3),
or for the renewal of a certification card under sub. (5),
but the fee may not exceed the costs the department
incurs in verifying eligibility or for issuing or renewing
a certification card. Payments made to the department 2011 Senate Bill 93 − 7 − 2011 Wisconsin Act 35
under this subsection shall be credited to the appropriation account under s. 20.455 (2) (gu).
(6) IMMUNITY. (a) When acting in good faith under
this section, the department and its employees and a law
enforcement agency and its employees are immune from
civil and criminal liability arising from any act or omission under this section.
(b) When acting in good faith under this section, an
entity providing firearms training to comply with the
requirements under sub. (2) (a) 2., (3) (a) 2., or (5) and its
employees are immune from civil and criminal liability
arising from any act or omission that is related to that
training.
(7) GOING ARMED WITH A FIREARM. This section does
not limit a former officer’s right to go armed with a firearm that is not concealed.
SECTION 38. 175.60 of the statutes is created to read:
175.60 License to carry a concealed weapon. (1)
DEFINITIONS. In this section:
(ac) “Background check” means the searches the
department conducts under sub. (9g) to determine a person’s eligibility for a license to carry a concealed weapon.
(ag) “Carry” means to go armed with.
(b) “Department” means the department of justice.
(bm) “Handgun” means any weapon designed or
redesigned, or made or remade, and intended to be fired
while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.
“Handgun” does not include a machine gun, as defined
in s. 941.27 (1), a short−barreled rifle, as defined in s.
941.28 (1) (b), or a short−barreled shotgun, as defined in
s. 941.28 (1) (c).
(bv) “Law enforcement agency” does not include the
department.
(c) “Law enforcement officer” has the meaning given
in s. 165.85 (2) (c).
(d) “Licensee” means an individual holding a valid
license to carry a concealed weapon issued under this section.
(e) “Motor vehicle” has the meaning given in s.
340.01 (35).
(f) “Out−of−state license” means a valid permit,
license, approval, or other authorization issued by
another state if all of the following apply:
1. The permit, license, approval, or other authorization is for the carrying of a concealed weapon.
2. The state is listed in the rule promulgated by the
department under s. 165.25 (12) and, if that state does not
require a background search for the permit, license,
approval, or authorization, the permit, license, approval,
or authorization designates that the holder chose to submit to a background search.
(g) “Out−of−state licensee” means an individual who
is 21 years of age or over, who is not a Wisconsin resident,
and who has been issued an out−of−state license.
(h) “Photographic identification card” means one of
the following:
1. An operator’s license issued under ch. 343 or an
identification card issued under s. 343.50.
2. A license or card issued by a state other than Wisconsin that is substantially equivalent to a license or card
under subd. 1.
(i) “State identification card number” means the
unique identifying driver number assigned to a person by
the department of transportation under s. 343.17 (3) (a)
4. or, if the person has no driver number, the number
assigned to the person on an identification card issued
under s. 343.50.
(j) “Weapon” means a handgun, an electric weapon,
as defined in s. 941.295 (1c) (a), a knife other than a
switchblade knife under s. 941.24, or a billy club.
(2) ISSUANCE AND SCOPE OF LICENSE. (a) The department shall issue a license to carry a concealed weapon to
any individual who is not disqualified under sub. (3) and
who completes the application process specified in sub.
(7). A license to carry a concealed weapon issued under
this section shall meet the requirements specified in sub.
(2m).
(b) The department may not impose conditions, limitations, or requirements that are not expressly provided
for in this section on the issuance, scope, effect, or content of a license.
(c) Unless expressly provided in this section, this section does not limit an individual’s right to carry a firearm
that is not concealed.
(d) For purposes of 18 USC 922 (q) (2) (B) (ii), an
out−of−state licensee is licensed by this state.
(2g) CARRYING A CONCEALED WEAPON; POSSESSION
AND DISPLAY OF LICENSE DOCUMENT OR AUTHORIZATION.
(a) A licensee or an out−of−state licensee may carry a
concealed weapon anywhere in this state except as provided under subs. (15m) and (16) and ss. 943.13 (1m) (c)
and 948.605 (2) (b) 1r.
(b) Unless the licensee or out−of−state licensee is carrying a concealed weapon in a manner described under s.
941.23 (2) (e), a licensee shall have with him or her his
or her license document and photographic identification
card and an out−of−state licensee shall have with him or
her his or her out−of−state license and photographic identification card at all times during which he or she is carrying a concealed weapon.
(c) Unless the licensee or out−of−state licensee is carrying a concealed weapon in a manner described under s.
941.23 (2) (e), a licensee who is carrying a concealed
weapon shall display his or her license document and
photographic identification card and an out−of−state
licensee who is carrying a concealed weapon shall display his or her out−of−state license and photographic
identification card to a law enforcement officer upon the
request of the law enforcement officer while the law2011 Wisconsin Act 35 − 8 − 2011 Senate Bill 93
enforcement officer is acting in an official capacity and
with lawful authority.
(2m) LICENSE DOCUMENT; CONTENT OF LICENSE. (a)
Subject to pars. (b), (bm), (c), and (d), the department
shall design a single license document for licenses issued
and renewed under this section. The department shall
complete the design of the license document no later than
the first day of the 2nd month beginning after the effective date of this paragraph .... [LRB inserts date].
(b) A license document for a license issued under this
section shall contain all of the following on one side:
1. The full name, date of birth, and residence address
of the licensee.
2. A physical description of the licensee, including
sex, height, and eye color.
3. The date on which the license was issued.
4. The date on which the license expires.
5. The name of this state.
6. A unique identification number for each licensee.
(bm) The reverse side of a license document issued
under this section shall contain the requirement under
sub. (11) (b) that the licensee shall inform the department
of any address change no later than 30 days after his or
her address changes and the penalty for a violation of the
requirement.
(c) The license document may not contain the licensee’s social security number.
(d) 1. The contents of the license document shall be
included in the document in substantially the same way
that the contents of an operator’s license document issued
under s. 343.17 are included in that document.
2. The license document issued under this section
shall be tamper proof in substantially the same way that
the operator’s license is tamper proof under s. 343.17 (2).
(e) The department of justice may contract with the
department of transportation to produce and issue license
documents under this section. Neither the department of
transportation nor any employee of the department of
transportation may store, maintain, or access the information provided by the department of justice for the production or issuance of license documents other than to the
extent necessary to produce or issue the license documents.
(3) RESTRICTIONS ON ISSUING A LICENSE. The department shall issue a license under this section to an individual who submits an application under sub. (7) unless any
of the following applies:
(a) The individual is less than 21 years of age.
(b) The individual is prohibited under federal law
from possessing a firearm that has been transported in
interstate or foreign commerce.
(c) The individual is prohibited from possessing a
firearm under s. 941.29.
(d) The court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or
969.03 (1) (c).
(e) The individual is on release under s. 969.01 and
the individual may not possess a dangerous weapon as a
condition of the release.
(f) The individual is not a Wisconsin resident.
(g) The individual has not provided proof of training
as described under sub. (4) (a).
(4) TRAINING REQUIREMENTS. (a) The proof of training requirement under sub. (7) (e) may be met by any of
the following:
1. A copy of a document, or an affidavit from an
instructor or organization that conducted the course or
program, that indicates the individual completed any of
the following:
a. The hunter education program established under s.
29.591 or a substantially similar program that is established by another state, country, or province and that is
recognized by the department of natural resources.
b. A firearms safety or training course that is conducted by a national or state organization that certifies
firearms instructors.
c. A firearms safety or training course that is available to the public and is offered by a law enforcement
agency or, if the course is taught by an instructor who is
certified by a national or state organization that certifies
firearms instructors or by the department, by a technical
college, a college or a university, a private or public institution or organization, or a firearms training school.
d. A firearms safety or training course that is offered
to law enforcement officers or to owners and employees
of licensed private detective and security agencies.
e. A firearms safety or training course that is conducted by a firearms instructor who is certified by a
national or state organization that certifies firearms
instructors or who is certified by the department.
2. Documentation that the individual completed military, law enforcement, or security training that gave the
individual experience with firearms that is substantially
equivalent to a course or program under subd. 1.
3. A current or expired license, or a photocopy of a
current or expired license, that the individual holds or has
held that indicates that the individual is licensed or has
been licensed to carry a firearm in this state or in another
state or in a county or municipality of this state or of
another state unless the license has been revoked for
cause.
4. Documentation of completion of small arms training while serving in the U.S. armed forces, reserves, or
national guard as demonstrated by an honorable discharge or general discharge under honorable conditions
or a certificate of completion of basic training with a service record of successful completion of small arms training and certification.
(b) 1. The department shall certify instructors for the
purposes of par. (a) 1. c. and e. and shall maintain a list
of instructors that it certifies. To be certified by the 2011 Senate Bill 93 − 9 − 2011 Wisconsin Act 35
department as an instructor, a person must meet all of the
following criteria:
a. Be qualified under sub. (3) to carry a concealed
weapon.
b. Be able to demonstrate the ability and knowledge
required for providing firearms safety and training.
2. The department may not require firing live ammunition to meet the training requirements under par. (a).
(5) APPLICATION AND RENEWAL FORMS. (a) The
department shall design an application form for use by
individuals who apply for a license under this section and
a renewal form for use by individuals applying for
renewal of a license under sub. (15). The department
shall complete the design of the application form no later
than the first day of the 2nd month beginning after the
effective date of this paragraph .... [LRB inserts date],
and shall complete the design of the renewal form no later
than the first day of the 36th month beginning after the
effective date of this paragraph .... [LRB inserts date].
The forms shall require the applicant to provide only his
or her name, address, date of birth, state identification
card number, race, sex, height, and eye color and shall
include all of the following:
1. A statement that the applicant is ineligible for a
license if sub. (3) (a), (b), (c), (d), (e), (f), or (g) applies
to the applicant.
2. A statement explaining self−defense and defense
of others under s. 939.48, with a place for the applicant
to sign his or her name to indicate that he or she has read
and understands the statement.
3. A statement, with a place for the applicant to sign
his or her name, to indicate that the applicant has read and
understands the requirements of this section.
4. A statement that an applicant may be prosecuted
if he or she intentionally gives a false answer to any question on the application or intentionally submits a falsified
document with the application.
5. A statement of the penalties for intentionally giving a false answer to any question on the application or
intentionally submitting a falsified document with the
application.
6. A statement of the places under sub. (16) where a
licensee is prohibited from carrying a weapon, as well as
an explanation of the provisions under sub. (15m) and ss.
943.13 (1m) (c) and 948.605 (2) (b) 1r. that could limit
the places where the licensee may carry a weapon, with
a place for the applicant to sign his or her name to indicate
that he or she has read and understands the statement.
(b) The department shall make the forms described
in this subsection available on the Internet and, upon
request, by mail.
(7) SUBMISSION OF APPLICATION. An individual may
apply for a license under this section with the department
by submitting, by mail or other means made available by
the department, to the department all of the following:
(a) A completed application in the form prescribed
under sub. (5) (a).
(b) A statement that states that the information that
he or she is providing in the application submitted under
par. (a) and any document submitted with the application
is true and complete to the best of his or her knowledge.
(c) A license fee in an amount, as determined by the
department by rule, that is equal to the cost of issuing the
license but does not exceed $37. The department shall
determine the costs of issuing a license by using a 5−year
planning period.
(d) A fee for a background check that is equal to the
fee charged under s. 175.35 (2i).
(e) Proof of training as described under sub. (4) (a).
(9) PROCESSING OF APPLICATION. (a) Upon receiving
an application submitted under sub. (7), the department
shall conduct a background check.
(b) Within 21 days after receiving a complete
application under sub. (7), the department shall do one of
the following:
1. Issue the license and promptly send the licensee his
or her license document by 1st class mail.
2. Deny the application, but only if sub. (3) (a), (b),
(c), (d), (e), (f), or (g) applies to the applicant. If the
department denies the application, the department shall
inform the applicant in writing, stating the reason and
factual basis for the denial.
(9g) BACKGROUND CHECKS. (a) The department shall
conduct a background check regarding an applicant for
a license using the following procedure:
1. The department shall create a confirmation number associated with the applicant.
2. The department shall conduct a criminal history
record search and shall search its records and conduct a
search in the national instant criminal background check
system to determine whether the applicant is prohibited
from possessing a firearm under federal law; whether the
applicant is prohibited from possessing a firearm under
s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.;
whether the applicant has been ordered not to possess a
firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10
(3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or a tribal
injunction, as defined in s. 813.12 (1) (e), issued by a
court established by any federally recognized Wisconsin
Indian tribe or band, except the Menominee Indian tribe
of Wisconsin, that includes notice to the respondent that
he or she is subject to the requirements and penalties
under s. 941.29 and that has been filed with the circuit
court under s. 806.247 (3); and whether the applicant is
prohibited from possessing a firearm under s. 813.125
(4m); and to determine if the court has prohibited the
applicant from possessing a dangerous weapon under s.
969.02 (3) (c) or 969.03 (1) (c) and if the applicant is pro-2011 Wisconsin Act 35 − 10 − 2011 Senate Bill 93
hibited from possessing a dangerous weapon as a condition of release under s. 969.01.
3. As soon as practicable, the department shall do the
following:
a. If the background check indicates sub. (3) (b), (c),
(d), or (e) applies to the applicant, create a unique nonapproval number for the applicant.
b. If the completed background check does not indicate that sub. (3) (b), (c), (d), or (e) applies to the applicant, create a unique approval number for the applicant.
(b) The department shall maintain a record of all
completed application forms and a record of all approval
or nonapproval numbers regarding background checks
under this subsection.
(9r) EMERGENCY LICENSE. (a) An individual who
requires an immediate license may petition the court in
the county in which he or she resides for such a license.
Unless the court knows that the individual is ineligible
for a license under sub. (3), a court may issue an emergency license to an individual if the court determines that
immediate licensure is warranted to protect the individual from death or great bodily harm, as defined in s.
939.22 (14).
(b) An emergency license issued under this subsection is valid for 30 days unless it is revoked under par.
(bm) or it is void under par. (c).
(bm) If the court determines that a holder of an emergency license issued under par. (a) is ineligible under sub.
(3) for a license, the court shall revoke the emergency
license.
(c) If the holder of an emergency license issued under
par. (a) applies for a license under sub. (7) and is determined to be ineligible under sub. (3) for a license, the
emergency license is void.
(11) UPDATED INFORMATION. (a) 1. In this paragraph:
a. “Clerk” means the clerk of the circuit court or, if
it has enacted a law or an ordinance in conformity with
s. 346.63, the clerk of the court for a federally recognized
American Indian tribe or band in this state, a city, a village, or a town.
b. “Court automated information systems” means the
systems under s. 758.19 (4).
2. The court automated information systems, or the
clerk or register in probate, if the information is not contained in or cannot be transmitted by the court automated
information systems, shall promptly notify the department of the name of any individual with respect to whom
any of the following occurs and the specific reason for the
notification:
a. The individual is found by a court to have committed a felony or any other crime that would disqualify
the individual from having a license under this section.
b. The individual is found incompetent under s.
971.14.
c. The individual is found not guilty of any crime by
reason of mental disease or mental defect under s. 971.17.
d. The individual is involuntarily committed for
treatment under s. 51.20 or 51.45.
e. The individual is found incompetent under ch. 54.
f. The individual becomes subject to an injunction
described in s. 941.29 (1) (f) or is ordered not to possess
a firearm under s. 813.125 (4m).
g. A court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03
(1) (c).
h. A court has ordered the individual not to possess
a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
54.10 (3) (f) 1., or 55.12 (10) (a).
i. The individual is on release under s. 969.01 and the
individual may not possess a dangerous weapon as a condition of the release.
3. Upon receiving a notice under subd. 2., the department shall immediately determine if the individual who
is the subject of the notice is a licensee, using the list
maintained under sub. (12) (a).
(b) 1. No later than 30 days after changing his or her
address, a licensee shall inform the department of the new
address. The department shall include the individual’s
new address in the list under sub. (12) (a).
2. Except as provided in subd. 3., for a first violation
of subd. 1., the department must issue the licensee a warning.
3. If an individual is in violation of subd. 1. and his
or her license has been suspended or revoked under sub.
(14), the individual is subject to the penalty under sub.
(17) (ac).
4. A licensee may not be charged with a violation of
subd. 1. if the department learns of the violation when the
licensee informs the department of the address change.
(12) MAINTENANCE, USE, AND PUBLICATION OF
RECORDS BY THE DEPARTMENT. (a) The department shall
maintain a computerized record listing the names and the
information specified in sub. (2m) (b) of all individuals
who have been issued a license under this section and all
individuals issued a certification card under s. 175.49 (3).
Subject to par. (b) 1. b., neither the department nor any
employee of the department may store, maintain, format,
sort, or access the information in any way other than by
the names, dates of birth, or sex of licensees or individuals or by the identification numbers assigned to licensees
under sub. (2m) (b) 6.
(b) 1. A law enforcement officer may not request or
be provided information under par. (a) concerning a specific individual except for one of the following purposes:
a. To confirm that a license or certification card produced by an individual at the request of a law enforcement officer is valid.
b. If an individual is carrying a concealed weapon
and claims to hold a valid license issued under this section or a valid certification card issued under s. 175.49 (3)
but does not have his or her license document or certifica- 2011 Senate Bill 93 − 11 − 2011 Wisconsin Act 35
tion card, to confirm that the individual holds a valid
license or certification card.
c. To investigate whether an individual submitted an
intentionally false statement under sub. (7) (b) or (15) (b)
2.
d. To investigate whether an individual complied
with sub. (14) (b) 3.
2. A person who is a law enforcement officer in a state
other than Wisconsin may request and be provided information under subd. 1. a. and b.
(c) Notwithstanding s. 19.35, the department of justice, the department of transportation, or any employee of
either department may not make information obtained
under this section available to the public except in the
context of a prosecution for an offense in which the person’s status as a licensee or holder of a certification card
is relevant or through a report created under sub. (19).
(12g) PROVIDING LICENSEE INFORMATION TO LAW
ENFORCEMENT AGENCIES. (a) The department shall provide information concerning a specific individual on the
list maintained under sub. (12) (a) to a law enforcement
agency, but only if the law enforcement agency is
requesting the information for any of the following purposes:
1. To confirm that a license or certification card produced by an individual at the request of a law enforcement officer is valid.
2. If an individual is carrying a concealed weapon
and claims to hold a valid license issued under this section or a valid certification card issued under s. 175.49 (3)
but does not have his or her license document or certification card, to confirm that an individual holds a valid
license or certification card.
3. If the law enforcement agency is a Wisconsin law
enforcement agency, to investigate whether an individual
submitted an intentionally false statement under sub. (7)
(b) or (15) (b) 2.
(b) 1. Notwithstanding s. 19.35, neither a law
enforcement agency nor any of its employees may make
information regarding an individual that was obtained
from the department under this subsection available to
the public except in the context of a prosecution for an
offense in which the person’s status as a licensee or
holder of a certification card is relevant.
2. Neither a law enforcement agency nor any of its
employees may store or maintain information regarding
an individual that was obtained from the department
under this subsection based on the individual’s status as
a licensee or holder of a certificate card.
3. Neither a law enforcement agency nor any of its
employees may sort or access information regarding
vehicle stops, investigations, civil or criminal offenses,
or other activities involving the agency based on the status as licensees or holders of certification cards of any
individuals involved.
(13) LOST OR DESTROYED LICENSE. If a license document is lost, a licensee no longer has possession of his or
her license, or a license document is destroyed, unreadable, or unusable, a licensee may submit to the department a statement requesting a replacement license document, the license document or any portions of the license
document if available, and a $12 replacement fee. The
department shall issue a replacement license document to
the licensee within 14 days of receiving the statement and
fee. If the licensee does not submit the original license
document to the department, the department shall terminate the unique approval number of the original request
and issue a new unique approval number for the replacement request.
(14) LICENSE REVOCATION AND SUSPENSION. (a) The
department shall revoke a license issued under this section if the department determines that sub. (3) (b), (c), (d),
(e), (f), or (g) applies to the licensee.
(am) The department shall suspend a license issued
under this section if a court has prohibited the licensee
from possessing a dangerous weapon under s. 969.02 (3)
(c) or 969.03 (1) (c). If the individual whose license was
suspended is no longer subject to the prohibition under s.
969.02 (3) (c) or 969.03 (1) (c), whichever is applicable,
sub. (3) (b), (c), (d), (e), (f), or (g) does not apply to the
individual, and the suspended license would not have
expired under sub. (15) (a) had it not been suspended, the
department shall restore the license within 5 business
days of notification that the licensee is no longer subject
to the prohibition.
(b) 1. If the department suspends or revokes a license
issued under this section, the department shall send by
mail the individual whose license has been suspended or
revoked notice of the suspension or revocation within
one day after the suspension or revocation.
2. If the department suspends or revokes a license
under this section, the suspension or revocation takes
effect when the individual whose license has been suspended or revoked receives the notice under subd. 1.
3. Within 7 days after receiving the notice, the individual whose license has been suspended or revoked
shall do one of the following:
a. Deliver the license document personally or by certified mail to the department.
b. Mail a signed statement to the department stating
that he or she no longer has possession of his or her
license document and stating the reasons why he or she
no longer has possession.
(14g) DEPARTMENTAL REVIEW. The department shall
promulgate rules providing for the review of any action
by the department denying an application for, or suspending or revoking, a license under this section.
(14m) APPEALS TO THE CIRCUIT COURT. (a) An individual aggrieved by any action by the department denying an application for, or suspending or revoking, a2011 Wisconsin Act 35 − 12 − 2011 Senate Bill 93
license under this section, may appeal directly to the circuit court of the county in which the individual resides
without regard to whether the individual has sought
review under the process established in sub. (14g).
(b) To begin an appeal under this subsection, the
aggrieved individual shall file a petition for review with
the clerk of the applicable circuit court within 30 days of
receiving notice of denial of an application for a license
or of suspension or revocation of a license. The petition
shall state the substance of the department’s action from
which the individual is appealing and the grounds upon
which the individual believes the department’s action to
be improper. The petition may include a copy of any
records or documents that are relevant to the grounds
upon which the individual believes the department’s
action to be improper.
(c) A copy of the petition shall be served upon the
department either personally or by registered or certified
mail within 5 days after the individual files his or her petition under par. (b).
(d) The department shall file an answer within 15
days after being served with the petition under par. (c).
The answer shall include a brief statement of the actions
taken by the department. The department shall include
with the answer when filed a copy of any documents or
records on which the department based its action.
(e) The court shall review the petition, the answer,
and any records or documents submitted with the petition
or the answer. The review under this paragraph shall be
conducted by the court without a jury but the court may
schedule a hearing and take testimony.
(f) The court shall reverse the department’s action if
the court finds any of the following:
1. That the department failed to follow any procedure, or take any action, prescribed under this section.
2. That the department erroneously interpreted a provision of law and a correct interpretation compels a different action.
3. That the department’s action depends on a finding
of fact that is not supported by substantial evidence in the
record.
4. a. If the appeal is regarding a denial, that the denial
was based on factors other than the factors under sub. (3).
b. If the appeal is regarding a suspension or revocation, that the suspension or revocation was based on criteria other than those under sub. (14) (a) or (am).
(g) 1. The court’s decision shall provide whatever
relief is appropriate regardless of the original form of the
petition.
2. If the court reverses the department’s action, the
court may order the department to pay the aggrieved individual all court costs and reasonable attorney fees.
(15) LICENSE EXPIRATION AND RENEWAL. (a) Except
as provided in par. (e) and sub. (9r) (b), a license issued
under this section is valid for a period of 5 years from the
date on which the license is issued unless the license is
suspended or revoked under sub. (14).
(b) The department shall design a notice of expiration
form. At least 90 days before the expiration date of a
license issued under this section, the department shall
mail to the licensee a notice of expiration form and a form
for renewing the license. The department shall renew the
license if, no later than 90 days after the expiration date
of the license, the licensee does all of the following:
1. Submits a renewal application on the form provided by the department.
2. Submits a statement reporting that the information
provided under subd. 1. is true and complete to the best
of his or her knowledge and that he or she is not disqualified under sub. (3).
4. Pays all of the following:
a. A renewal fee in an amount, as determined by the
department by rule, that is equal to the cost of renewing
the license but does not exceed $12. The department shall
determine the costs of renewing a license by using a
5−year planning period.
b. A fee for a background check that is equal to the
fee charged under s. 175.35 (2i).
(c) The department shall conduct a background
check of a licensee as provided under sub. (9g) before
renewing the licensee’s license under par. (b).
(d) The department shall issue a renewal license by
1st class mail within 21 days of receiving a renewal
application, statement, and fees under par. (b).
(e) The license of a member of the U.S. armed forces,
a reserve unit of the armed forces, or the national guard
who is deployed overseas while on active duty may not
expire until at least 90 days after the end of the licensee’s
overseas deployment unless the license is suspended or
revoked under sub. (14).
(15m) EMPLOYER RESTRICTIONS. (a) Except as provided in par. (b), an employer may prohibit a licensee or
an out−of−state licensee that it employs from carrying a
concealed weapon or a particular type of concealed
weapon in the course of the licensee’s or out−of−state
licensee’s employment or during any part of the licensee’s or out−of−state licensee’s course of employment.
(b) An employer may not prohibit a licensee or an
out−of−state licensee, as a condition of employment,
from carrying a concealed weapon, a particular type of
concealed weapon, or ammunition or from storing a
weapon, a particular type of weapon, or ammunition in
the licensee’s or out−of−state licensee’s own motor
vehicle, regardless of whether the motor vehicle is used
in the course of employment or whether the motor
vehicle is driven or parked on property used by the
employer.
(16) PROHIBITED ACTIVITY. (a) Except as provided in
par. (b), neither a licensee nor an out−of−state licensee
may knowingly carry a concealed weapon, a weapon that 2011 Senate Bill 93 − 13 − 2011 Wisconsin Act 35
is not concealed, or a firearm that is not a weapon in any
of the following places:
1. Any portion of a building that is a police station,
sheriff’s office, state patrol station, or the office of a division of criminal investigation special agent of the department.
2. Any portion of a building that is a prison, jail,
house of correction, or secured correctional facility.
3. The facility established under s. 46.055.
4. The center established under s. 46.056.
5. Any secured unit or secured portion of a mental
health institute under s. 51.05, including a facility designated as the Maximum Security Facility at Mendota
Mental Health Institute.
6. Any portion of a building that is a county, state, or
federal courthouse.
7. Any portion of a building that is a municipal courtroom if court is in session.
8. A place beyond a security checkpoint in an airport.
(b) The prohibitions under par. (a) do not apply to any
of the following:
1. A weapon in a vehicle driven or parked in a parking
facility located in a building that is used as, or any portion
of which is used as, a location under par. (a).
2. A weapon in a courthouse or courtroom if a judge
who is a licensee is carrying the weapon or if another
licensee or out−of−state licensee, whom a judge has permitted in writing to carry a weapon, is carrying the
weapon.
3. A weapon in a courthouse or courtroom if a district
attorney, or an assistant district attorney, who is a licensee
is carrying the weapon.
(17) PENALTIES. (a) Any person who violates sub.
(2g) (b) or (c) may be required to forfeit not more than
$25, except that the person shall be exempted from the
forfeiture if the person presents, within 48 hours, his or
her license document or out−of−state license and photographic identification to the law enforcement agency that
employs the requesting law enforcement officer.
(ac) Except as provided in sub. (11) (b) 2., any person
who violates sub. (11) (b) 1. may be required to forfeit
$50.
(ag) Any person who violates sub. (2m) (e), (12), or
(12g) may be fined not more than $500 or sentenced to a
term of imprisonment of not more than 30 days or both.
(ar) Any law enforcement officer who uses excessive
force based solely on an individual’s status as a licensee
may be fined not more than $500 or sentenced to a term
of imprisonment of not more than 30 days or both. The
application of the criminal penalty under this paragraph
does not preclude the application of any other civil or
criminal remedy.
(b) Any person who violates sub. (16) may be fined
not more than $500 or imprisoned for not more than 30
days or both.
(c) An instructor of a training course under sub. (4)
(a) who intentionally submits false documentation indicating that an individual has met the training requirements under sub. (4) (a) may be prosecuted for a violation
of s. 946.32.
(e) Any person required under sub. (14) (b) 3. to
relinquish or deliver a license document to the department who intentionally violates the requirements of that
subdivision shall be fined not more than $500 and may be
imprisoned for not more than 30 days or both.
(18) RECIPROCITY AGREEMENTS. The department may
enter into reciprocity agreements with other states as to
matters relating to licenses or other authorization to carry
concealed weapons.
(19) STATISTICAL REPORT. By March 1 of each year,
the department shall submit a statistical report to the legislature under s. 13.172 (2) and to the governor that indicates the number of licenses applied for, issued, denied,
suspended, and revoked under this section during the previous calendar year. For the licenses denied, the report
shall indicate the reasons for the denials and the part of
the application process in which the reasons for denial
were discovered. For the licenses suspended or revoked,
the report shall indicate the reasons for the suspensions
and revocations. The department may not include in the
report any information that may be used to identify an
applicant or a licensee, including, but not limited to, a
name, address, birth date, or social security number.
(21) IMMUNITY. (a) The department of justice, the
department of transportation, and the employees of each
department; clerks, as defined in sub. (11) (a) 1. a., and
their staff; and court automated information systems, as
defined under sub. (11) (a) 1. b., and their employees are
immune from liability arising from any act or omission
under this section, if done so in good faith.
(b) A person that does not prohibit an individual from
carrying a concealed weapon on property that the person
owns or occupies is immune from any liability arising
from its decision.
(c) An employer that does not prohibit one or more
employees from carrying a concealed weapon under sub.
(15m) is immune from any liability arising from its decision.
(d) A person providing a firearms training course in
good faith is immune from liability arising from any act
or omission related to the course if the course is one
described in sub. (4) (a).
SECTION 39. 440.26 (3m) of the statutes is renumbered 440.26 (3m) (intro.) and amended to read:
440.26 (3m) RULES CONCERNING DANGEROUS WEAPONS. (intro.) The department shall promulgate rules
relating to the carrying of dangerous weapons by a person
who holds a license or permit issued under this section or
who is employed by a person licensed under this section.
The rules shall meet the minimum requirements speci-2011 Wisconsin Act 35 − 14 − 2011 Senate Bill 93
fied in 15 USC 5902 (b). and shall allow all of the following:
SECTION 40. 440.26 (3m) (a) of the statutes is created
to read:
440.26 (3m) (a) A person who is employed in this
state by a public agency as a law enforcement officer to
carry a concealed firearm if s. 941.23 (1) (g) 2. to 5. and
(2) (b) 1. to 3. applies.
SECTION 41. 440.26 (3m) (b) of the statutes is created
to read:
440.26 (3m) (b) A qualified out−of−state law
enforcement officer, as defined in s. 941.23 (1) (g), to
carry a concealed firearm if s. 941.23 (2) (b) 1. to 3.
applies.
SECTION 42. 440.26 (3m) (c) of the statutes is created
to read:
440.26 (3m) (c) A former officer, as defined in s.
941.23 (1) (c), to carry a concealed firearm if s. 941.23
(2) (c) 1. to 7. applies.
SECTION 43. 440.26 (3m) (d) of the statutes is created
to read:
440.26 (3m) (d) A licensee, as defined in s. 175.60
(1) (d), or an out−of−state licensee, as defined in s. 175.60
(1) (g), to carry a concealed weapon as permitted under
s. 175.60.
SECTION 44. 813.12 (6) (am) 1. of the statutes is
amended to read:
813.12 (6) (am) 1. If an injunction is issued or
extended under sub. (4) or if a tribal injunction is filed
under s. 806.247 (3), the clerk of the circuit court shall
notify the department of justice of the injunction and
shall provide the department of justice with information
concerning the period during which the injunction is in
effect and information necessary to identify the respondent for purposes of a firearms restrictions record search
under s. 175.35 (2g) (c) or a background check under s.
175.60 (9g) (a).
SECTION 45. 813.122 (9) (am) 1. of the statutes is
amended to read:
813.122 (9) (am) 1. If an injunction is issued or
extended under sub. (5), the clerk of the circuit court shall
notify the department of justice of the injunction and
shall provide the department of justice with information
concerning the period during which the injunction is in
effect and information necessary to identify the respondent for purposes of a firearms restrictions record search
under s. 175.35 (2g) (c) or a background check under s.
175.60 (9g) (a).
SECTION 46. 813.125 (5r) (a) of the statutes is
amended to read:
813.125 (5r) (a) If an order prohibiting a respondent
from possessing a firearm is issued under sub. (4m), the
clerk of the circuit court shall notify the department of
justice of the existence of the order prohibiting a respondent from possessing a firearm and shall provide the
department of justice with information concerning the
period during which the order is in effect and information
necessary to identify the respondent for purposes of a
firearms restrictions record search under s. 175.35 (2g)
(c) or a background check under s. 175.60 (9g) (a).
SECTION 47. 895.527 (5) (a) of the statutes is
amended to read:
895.527 (5) (a) Section 167.30 (1), 941.20 (1) (d) or
948.605 or any rule promulgated under those sections
regulating or prohibiting the discharge of firearms.
SECTION 48. 938.396 (2g) (n) of the statutes is
amended to read:
938.396 (2g) (n) Firearms restriction record search
or background check. If a juvenile is adjudged delinquent for an act that would be a felony if committed by
an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile’s
court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this
subsection only as part of a firearms restrictions record
search under s. 175.35 (2g) (c) or a background check
under s. 175.60 (9g) (a).
SECTION 49. 939.22 (10) of the statutes is amended
to read:
939.22 (10) “Dangerous weapon” means any firearm, whether loaded or unloaded; any device designed as
a weapon and capable of producing death or great bodily
harm; any ligature or other instrumentality used on the
throat, neck, nose, or mouth of another person to impede,
partially or completely, breathing or circulation of blood;
any electric weapon, as defined in s. 941.295 (4) (1c) (a);
or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely
to produce death or great bodily harm.
SECTION 50. 941.23 of the statutes is renumbered
941.23 (2) (intro.) and amended to read:
941.23 (2) (intro.) Any person except a peace officer,
other than one of the following, who goes armed with carries a concealed and dangerous weapon is guilty of a
Class A misdemeanor. Notwithstanding:
(a) A peace officer, but notwithstanding s. 939.22, for
purposes of this section paragraph, peace officer does not
include a commission warden who is not a state−certified
commission warden.
SECTION 51. 941.23 (1) of the statutes is created to
read:
941.23 (1) In this section:
(ag) “Carry” has the meaning given in s. 175.60 (1)
(ag).
(ar) “Destructive device” has the meaning given in
18 USC 921 (a) (4).
(b) “Firearm silencer” has the meaning given in s.
941.298 (1).
(c) “Former officer” means a person who served as
a law enforcement officer with a law enforcement agency
before separating from law enforcement service. 2011 Senate Bill 93 − 15 − 2011 Wisconsin Act 35
(d) “Law enforcement agency” has the meaning
given in s. 175.49 (1) (f).
(e) “Law enforcement officer” has the meaning given
in s. 175.49 (1) (g).
(f) “Machine gun” has the meaning given in s. 941.27
(1).
(g) “Qualified out−of−state law enforcement officer”
means a law enforcement officer to whom all of the following apply:
1. The person is employed by a state or local government agency in another state.
2. The agency has authorized the person to carry a
firearm.
3. The person is not the subject of any disciplinary
action by the agency that could result in the suspension
or loss of the person’s law enforcement authority.
4. The person meets all standards established by the
agency to qualify the person on a regular basis to use a
firearm.
5. The person is not prohibited under federal law
from possessing a firearm.
SECTION 52. 941.23 (2) (b) of the statutes is created
to read:
941.23 (2) (b) A qualified out−of−state law enforcement officer. This paragraph applies only if all of the following apply:
1. The weapon is a firearm but is not a machine gun
or a destructive device.
2. The officer is not carrying a firearm silencer.
3. The officer is not under the influence of an intoxicant.
SECTION 53. 941.23 (2) (c) of the statutes is created
to read:
941.23 (2) (c) A former officer. This paragraph
applies only if all of the following apply:
1. The former officer has been issued a photographic
identification document described in sub. (3) (b) 1. or
both of the following:
a. A photographic identification document described
in sub. (3) (b) 2. (intro.).
b. An identification card described in sub. (3) (b) 2.
a., if the former officer resides in this state, or a certification described in sub. (3) (b) 2. b., if the former officer
resides in another state.
2. The weapon is a firearm that is of the type
described in a photographic identification document
described in subd. 1. (intro.) or a card or certification
described in subd. 1. b.
3. Within the preceding 12 months, the former officer
met the standards of the state in which he or she resides
for training and qualification for active law enforcement
officers to carry firearms.
4. The weapon is not a machine gun or a destructive
device.
5. The former officer is not carrying a firearm
silencer.
6. The former officer is not under the influence of an
intoxicant.
7. The former officer is not prohibited under federal
law from possessing a firearm.
SECTION 54. 941.23 (2) (d) of the statutes is created
to read:
941.23 (2) (d) A licensee, as defined in s. 175.60 (1)
(d), or an out−of−state licensee, as defined in s. 175.60 (1)
(g), if the dangerous weapon is a weapon, as defined
under s. 175.60 (1) (j). An individual formerly licensed
under s. 175.60 whose license has been suspended or
revoked under s. 175.60 (14) may not assert his or her
refusal to accept a notice of revocation or suspension
mailed under s. 175.60 (14) (b) 1. as a defense to prosecution under this subsection, regardless of whether the person has complied with s. 175.60 (11) (b) 1.
SECTION 55. 941.23 (2) (e) of the statutes is created
to read:
941.23 (2) (e) An individual who carries a concealed
and dangerous weapon, as defined in s. 175.60 (1) (j), in
his or her own dwelling or place of business or on land
that he or she owns, leases, or legally occupies.
SECTION 56. 941.23 (3) of the statutes is created to
read:
941.23 (3) (a) A qualified out−of−state law enforcement officer shall, while carrying a concealed firearm,
also have with him or her an identification card that contains his or her photograph and that was issued by the law
enforcement agency by which he or she is employed.
(b) A former officer shall, while carrying a concealed
firearm, also have with him or her one of the following:
1. A photographic identification document issued by
the law enforcement agency from which the former officer separated that indicates that, within the 12 months
preceding the date on which the former officer is carrying
the concealed firearm, he or she was tested or otherwise
found by that law enforcement agency to meet the standards for qualification in firearms training that that law
enforcement agency sets for active law enforcement officers to carry a firearm of the same type as the firearm that
the former officer is carrying.
2. A photographic identification document issued by
the law enforcement agency from which the former officer separated and one of the following:
a. A certification card issued under s. 175.49 (2), if
the former officer resides in this state.
b. A certification issued by the state in which the former officer resides, if the former officer resides in
another state, that indicates that, within the 12 months
preceding the date on which the former officer is carrying
the concealed firearm, he or she has been found by the
state in which he or she resides, or by a certified firearms
instructor if such an instructor is qualified to conduct a
firearms qualification test for active law enforcement
officers in that state, to meet the standards for qualification in firearms training for active law enforcement offi-2011 Wisconsin Act 35 − 16 − 2011 Senate Bill 93
cers to carry a firearm of the type he or she is carrying,
that are established by his or her state of residence or, if
that state does not establish standards, by any law
enforcement agency in his or her state of residence.
(c) A person who violates this subsection may be
required to forfeit not more than $25, except that the person shall be exempted from the forfeiture if the person
presents, within 48 hours, his or her license document or
out−of−state license and photographic identification to
the law enforcement agency that employs the requesting
law enforcement officer.
(d) This subsection does not apply to a licensee, as
defined in s. 175.60 (1) (d), or an out−of−state licensee,
as defined in s. 175.60 (1) (g).
SECTION 57. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and amended to read:
941.235 (2) (intro.) This section does not apply to
peace any of the following:
(a) Peace officers or armed forces or military personnel who go armed in the line of duty or to any person duly
authorized by the chief of police of any city, village or
town, the chief of the capitol police, or the sheriff of any
county to possess a firearm in any building under sub. (1).
Notwithstanding s. 939.22 (22), for purposes of this subsection paragraph, peace officer does not include a commission warden who is not a state−certified commission
warden.
SECTION 58. 941.235 (2) (c) of the statutes is created
to read:
941.235 (2) (c) A qualified out−of−state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s.
941.23 (2) (b) 1. to 3. applies.
SECTION 59. 941.235 (2) (d) of the statutes is created
to read:
941.235 (2) (d) A former officer, as defined in s.
941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.
SECTION 60. 941.235 (2) (e) of the statutes is created
to read:
941.235 (2) (e) A licensee, as defined in s. 175.60 (1)
(d), or an out−of−state licensee, as defined in s. 175.60 (1)
(g).
SECTION 61. 941.237 (3) (cr) of the statutes is created
to read:
941.237 (3) (cr) A qualified out−of−state law
enforcement officer, as defined in s. 941.23 (1) (g), to
whom s. 941.23 (2) (b) 1. to 3. applies.
SECTION 62. 941.237 (3) (ct) of the statutes is created
to read:
941.237 (3) (ct) A former officer, as defined in s.
941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.
SECTION 63. 941.237 (3) (cx) of the statutes is created
to read:
941.237 (3) (cx) A licensee, as defined in s. 175.60
(1) (d), or an out−of−state licensee, as defined in s. 175.60
(1) (g), if the licensee or out−of−state licensee is not consuming alcohol on the premises.
SECTION 64. 941.237 (4) of the statutes is repealed.
SECTION 65. 941.295 (1) of the statutes is renumbered 941.295 (1m).
SECTION 66. 941.295 (1c) (b) and (c) of the statutes
are created to read:
941.295 (1c) (b) “Licensee” has the meaning given
in s. 175.60 (1) (d).
(c) “Out−of−state licensee” has the meaning given in
s. 175.60 (1) (g).
SECTION 67. 941.295 (2) (intro.) of the statutes is
amended to read:
941.295 (2) (intro.) Subsection (1) (1m) does not
apply to any of the following:
SECTION 68. 941.295 (2) (d) of the statutes is renumbered 941.295 (2) (d) (intro.) and amended to read:
941.295 (2) (d) (intro.) Any manufacturer or seller
whose of electric weapons are used in this state solely by
persons, unless the manufacturer or seller engages in the
conduct described in sub. (1m) with the intent to provide
an electric weapon to someone other than one of the following:
1. A person specified in pars. (a) to (c), a licensee, or
an out−of−state licensee.
SECTION 69. 941.295 (2) (d) 2. of the statutes is
created to read:
941.295 (2) (d) 2. A person for use in his or her dwelling or place of business or on land that he or she owns,
leases, or legally occupies.
SECTION 70. 941.295 (2g) of the statutes is created to
read:
941.295 (2g) The prohibition in sub. (1m) on possessing or going armed with an electric weapon does not
apply to any of the following:
(a) A licensee or an out−of−state licensee.
(b) An individual who goes armed with an electric
weapon in his or her own dwelling or place of business
or on land that he or she owns, leases, or legally occupies.
SECTION 71. 941.295 (2r) of the statutes is created to
read:
941.295 (2r) The prohibition in sub. (1m) on transporting an electric weapon does not apply to any of the
following:
(a) A licensee or an out−of−state licensee.
(b) An individual who is not a licensee or an out−
of−state licensee who transports an electric weapon if the
electric weapon is enclosed within a carrying case.
SECTION 72. 941.295 (4) of the statutes is renumbered 941.295 (1c) (intro.) and amended to read:
941.295 (1c) (intro.) In this section, “electric:
(a) “Electric weapon” means any device which is
designed, redesigned, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.
SECTION 73. 943.13 (1e) (a) of the statutes is renumbered 943.13 (1e) (ar). 2011 Senate Bill 93 − 17 − 2011 Wisconsin Act 35
SECTION 74. 943.13 (1e) (aL) of the statutes is
created to read:
943.13 (1e) (aL) “Carry” has the meaning given in s.
175.60 (1) (ag).
SECTION 75. 943.13 (1e) (bm) of the statutes is
created to read:
943.13 (1e) (bm) “Licensee” means a licensee, as
defined in s. 175.60 (1) (d), or an out−of−state licensee,
as defined in s. 175.60 (1) (g).
SECTION 76. 943.13 (1e) (cm) of the statutes is
created to read:
943.13 (1e) (cm) “Nonresidential building” includes
a nursing home as defined in s. 50.01 (3), a community−
based residential facility as defined in s. 50.01 (1g), a residential care apartment complex as defined in s. 50.01
(1d), an adult family home as defined in s. 50.01 (1), and
a hospice as defined in s. 50.90 (1).
SECTION 77. 943.13 (1e) (g) of the statutes is created
to read:
943.13 (1e) (g) “Out−of−state licensee” has the
meaning given in s. 175.60 (1) (g).
SECTION 78. 943.13 (1e) (h) of the statutes is created
to read:
943.13 (1e) (h) “Special event” means an event that
is open to the public, is for a duration of not more than 3
weeks, and either has designated entrances to and from
the event that are locked when the event is closed or
requires an admission.
SECTION 79. 943.13 (1m) (b) of the statutes is
amended to read:
943.13 (1m) (b) Enters or remains on any land of
another after having been notified by the owner or occupant not to enter or remain on the premises. This paragraph does not apply to a licensee or out−of−state
licensee if the owner’s or occupant’s intent is to prevent
the licensee or out−of−state licensee from carrying a firearm on the owner’s or occupant’s land.
SECTION 80. 943.13 (1m) (c) of the statutes is created
to read:
943.13 (1m) (c) 1. While carrying a firearm, enters
or remains at a residence that the actor does not own or
occupy after the owner of the residence, if he or she has
not leased it to another person, or the occupant of the residence has notified the actor not to enter or remain at the
residence while carrying a firearm or with that type of
firearm. In this subdivision, “residence,” with respect to
a single−family residence, includes the residence building and the parcel of land upon which the residence building is located, and “residence,” with respect to a residence that is not a single−family residence, does not
include any common area of the building in which the
residence is located or any common areas of the rest of
the parcel of land upon which the residence building is
located.
1m. While carrying a firearm, enters or remains in a
common area in a building, or on the grounds of a building, that is a residence that is not a single−family residence if the actor does not own the residence or does not
occupy any part of the residence, if the owner of the residence has notified the actor not to enter or remain in the
common area or on the grounds while carrying a firearm
or with that type of firearm. This subdivision does not
apply to a part of the grounds of the building if that part
is used for parking and the firearm is in a vehicle driven
or parked in that part.
2. While carrying a firearm, enters or remains in any
part of a nonresidential building, grounds of a nonresidential building, or land that the actor does not own or
occupy after the owner of the building, grounds, or land,
if that part of the building, grounds, or land has not been
leased to another person, or the occupant of that part of
the building, grounds, or land has notified the actor not
to enter or remain in that part of the building, grounds, or
land while carrying a firearm or with that type of firearm.
This subdivision does not apply to a part of a building,
grounds, or land occupied by the state or by a local governmental unit, to a privately or publicly owned building
on the grounds of a university or college, or to the
grounds of or land owned or occupied by a university of
college, or, if the firearm is in a vehicle driven or parked
in the parking facility, to any part of a building, grounds,
or land used as a parking facility.
3. While carrying a firearm, enters or remains at a
special event if the organizers of the special event have
notified the actor not to enter or remain at the special
event while carrying a firearm or with that type of firearm. This subdivision does not apply, if the firearm is in
a vehicle driven or parked in the parking facility, to any
part of the special event grounds or building used as a
parking facility.
4. Enters or remains in any part of a building that is
owned, occupied, or controlled by the state or any local
governmental unit, excluding any building or portion of
a building under s. 175.60 (16) (a), if the state or local
governmental unit has notified the actor not to enter or
remain in the building while carrying a firearm or with
that type of firearm. This subdivision does not apply to
a person who leases residential or business premises in
the building or, if the firearm is in a vehicle driven or
parked in the parking facility, to any part of the building
used as a parking facility.
5. Enters or remains in any privately or publicly
owned building on the grounds of a university or college,
if the university or college has notified the actor not to
enter or remain in the building while carrying a firearm
or with that type of firearm. This subdivision does not
apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven2011 Wisconsin Act 35 − 18 − 2011 Senate Bill 93
or parked in the parking facility, to any part of the building used as a parking facility.
SECTION 81. 943.13 (2) of the statutes is renumbered
943.13 (2) (am), and 943.13 (2) (am) (intro.) and 1., as
renumbered, are amended to read:
943.13 (2) (am) (intro.) A person has received notice
from the owner or occupant within the meaning of sub.
(1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted.
Land is considered to be posted under this subsection
paragraph under either of the following procedures:
1. If a sign at least 11 inches square is placed in at least
2 conspicuous places for every 40 acres to be protected.
The sign must carry provide an appropriate notice and the
name of the person giving the notice followed by the
word “owner” if the person giving the notice is the holder
of legal title to the land and by the word “occupant” if the
person giving the notice is not the holder of legal title but
is a lawful occupant of the land. Proof that appropriate
signs as provided in this paragraph subdivision were
erected or in existence upon the premises to be protected
prior to the event complained of shall be prima facie
proof that the premises to be protected were posted as
provided in this paragraph subdivision.
SECTION 82. 943.13 (2) (bm) of the statutes is created
to read:
943.13 (2) (bm) 1. In this paragraph, “sign” means a
sign that states a restriction imposed under subd. 2. that
is at least 5 inches by 7 inches.
2. a. For the purposes of sub. (1m) (c) 1m., an owner
of a residence that is not a single−family residence has
notified an individual not to enter or remain in a part of
that building, or on the grounds of that building, while
carrying a firearm or with a particular type of firearm if
the owner has posted a sign that is located in a prominent
place near all of the entrances to the part of the building
to which the restriction applies or near all probable access
points to the grounds to which the restriction applies and
any individual entering the building or the grounds can be
reasonably expected to see the sign.
am. For the purposes of sub. (1m) (c) 2., 4., and 5.,
an owner or occupant of a part of a nonresidential building, the state or a local governmental unit, or a university
or a college has notified an individual not to enter or
remain in a part of the building while carrying a firearm
or with a particular type of firearm if the owner, occupant,
state, local governmental unit, university, or college has
posted a sign that is located in a prominent place near all
of the entrances to the part of the building to which the
restriction applies and any individual entering the building can be reasonably expected to see the sign.
b. For the purposes of sub. (1m) (c) 2., an owner or
occupant of the grounds of a nonresidential building or of
land has notified an individual not to enter or remain on
the grounds or land while carrying a firearm or with a particular type of firearm if the owner or occupant has posted
a sign that is located in a prominent place near all probable access points to the grounds or land to which the
restriction applies and any individual entering the
grounds or land can be reasonably expected to see the
sign.
c. For the purposes of sub. (1m) (c) 3., the organizers
of the special event have notified an individual not to
enter or remain at the special event while carrying a firearm or with a particular type of firearm if the organizers
have posted a sign that is located in a prominent place
near all of the entrances to the special event and any individual attending the special event can be reasonably
expected to see the sign.
SECTION 83. 943.13 (3) of the statutes is amended to
read:
943.13 (3) Whoever erects on the land of another
signs which are the same as or similar to those described
in sub. (2) (am) without obtaining the express consent of
the lawful occupant of or holder of legal title to such land
is subject to a Class C forfeiture.
SECTION 84. 946.71 of the statutes is created to read:
946.71 Unlawful use of license for carrying concealed weapons. (1) In this section, “license” means a
license issued under s. 175.60 (2) or (9r).
(2) Whoever does any of the following is guilty of a
Class A misdemeanor:
(a) Intentionally represents as valid any revoked, suspended, fictitious, or fraudulently altered license.
(b) If the actor holds a license, intentionally sells or
lends the license to any other individual or knowingly
permits another individual to use the license.
(c) Intentionally represents as one’s own any license
not issued to him or her.
(d) If the actor holds a license, intentionally permits
any unlawful use of that license.
(e) Intentionally reproduces by any means a copy of
a license for a purpose that is prohibited under this subsection.
(f) Intentionally defaces or intentionally alters a
license.
SECTION 85. 947.01 of the statutes is renumbered
947.01 (1).
SECTION 86. 947.01 (2) of the statutes is created to
read:
947.01 (2) Unless other facts and circumstances that
indicate a criminal or malicious intent on the part of the
person apply, a person is not in violation of, and may not
be charged with a violation of, this section for loading,
carrying, or going armed with a firearm, without regard
to whether the firearm is loaded or is concealed or openly
carried.
SECTION 87. 947.011 (2) (a) 1. of the statutes is
amended to read:
947.011 (2) (a) 1. Engage in conduct that is prohibited under s. 947.01 (1) within 500 feet of any entrance 2011 Senate Bill 93 − 19 − 2011 Wisconsin Act 35
to a facility being used for the service with the intent to
disrupt the service.
SECTION 88. 947.011 (2) (c) 1. of the statutes is
amended to read:
947.011 (2) (c) 1. Engage in conduct that is prohibited under s. 947.01 (1) within 500 feet of any entrance
to a facility being used for the service.
SECTION 89. 947.011 (2) (d) of the statutes is
amended to read:
947.011 (2) (d) No person may impede vehicles that
are part of a funeral procession if the person’s conduct
violates s. 947.01 (1).
SECTION 90. 948.60 (1) of the statutes is amended to
read:
948.60 (1) In this section, “dangerous weapon”
means any firearm, loaded or unloaded; any electric
weapon, as defined in s. 941.295 (4) (1c) (a); metallic
knuckles or knuckles of any substance which could be put
to the same use with the same or similar effect as metallic
knuckles; a nunchaku or any similar weapon consisting
of 2 sticks of wood, plastic or metal connected at one end
by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and
worn on the hand; a shuriken or any similar pointed star−
like object intended to injure a person when thrown; or a
manrikigusari or similar length of chain having weighted
ends.
SECTION 91. 948.605 (2) (a) of the statutes is
amended to read:
948.605 (2) (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or
has reasonable cause to believe, is a school zone in or on
the grounds of a school is guilty of a Class I felony. Any
individual who knowingly possesses a firearm at a place
that the individual knows, or has reasonable cause to
believe, is within 1,000 feet of the grounds of a school is
subject to a Class B forfeiture.
SECTION 92. 948.605 (2) (b) (intro.) of the statutes is
amended to read:
948.605 (2) (b) (intro.) Paragraph (a) does not apply
to the possession of a firearm by any of the following:
SECTION 93. 948.605 (2) (b) 1., 2., 4., 5. and 7. of the
statutes are repealed.
SECTION 94. 948.605 (2) (b) 1m. and 1r. of the statutes are created to read:
948.605 (2) (b) 1m. A person who possesses the firearm in accordance with 18 USC 922 (q) (2) (B) (i), (iv),
(v), (vi), or (vii).
1r. Except if the person is in or on the grounds of a
school, a licensee, as defined in s. 175.60 (1) (d), or an
out−of−state licensee, as defined in s. 175.60 (1) (g).
SECTION 95. 948.605 (2) (b) 6. of the statutes is
renumbered 948.605 (2) (b) 2m. and amended to read:
948.605 (2) (b) 2m. By a law enforcement officer or
A state−certified commission warden acting in his or her
official capacity; or.
SECTION 96. 948.605 (2) (b) 8. of the statutes is
renumbered 948.605 (2) (b) 3m. and amended to read:
948.605 (2) (b) 3m. By a A person who is legally
hunting in a school forest if the school board has decided
that hunting may be allowed in the school forest under s.
120.13 (38).
SECTION 97. 968.255 (1) (a) 2. of the statutes is
amended to read:
968.255 (1) (a) 2. Arrested for any misdemeanor
under s. 167.30 (1), 940.19, 941.20 (1), 941.23, 941.237,
941.24, 948.60, or 948.61.
SECTION 98. 971.37 (1m) (a) 2. of the statutes is
amended to read:
971.37 (1m) (a) 2. An adult accused of or charged
with a criminal violation of s. 940.19, 940.20 (1m),
940.201, 940.225, 940.23, 940.285, 940.30, 940.42,
940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01,
943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or
947.0125 and the conduct constituting the violation
involved an act by the adult person against his or her
spouse or former spouse, against an adult with whom the
adult person resides or formerly resided or against an
adult with whom the adult person has created a child.
SECTION 99. 973.055 (1) (a) 1. of the statutes is
amended to read:
973.055 (1) (a) 1. The court convicts the person of a
violation of a crime specified in s. 940.01, 940.02,
940.03, 940.05, 940.06, 940.19, 940.20 (1m), 940.201,
940.21, 940.225, 940.23, 940.235, 940.285, 940.30,
940.305, 940.31, 940.42, 940.43, 940.44, 940.45,
940.48, 941.20, 941.30, 943.01, 943.011, 943.14,
943.15, 946.49, 947.01 (1), 947.012 or 947.0125 or of a
municipal ordinance conforming to s. 940.201, 941.20,
941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01
(1), 947.012 or 947.0125; and
SECTION 100.0Nonstatutory provisions.
(1) Using the procedure under section 227.24 of the
statutes, the department of justice shall promulgate rules
required under section 165.25 (12) of the statutes, as
created by this act, for the period before the effective date
of the permanent rules promulgated under those sections,
but not to exceed the period authorized under section
227.24 (1) (c) and (2) of the statutes. Notwithstanding
section 227.24 (1) (a), (2) (b), and (3) of the statutes, the
department is not required to provide evidence that promulgating a rule under this subsection as an emergency
rule is necessary for the preservation of public peace,
health, safety, or welfare and is not required to provide a
finding of an emergency for a rule promulgated under
this subsection.
(2) Notwithstanding section 175.60 (9) (b) of the statutes, as created by this act, beginning on the effective date
of this subsection and ending on the first day of the 5th
month beginning after the effective date of this subsection, the department of justice shall, as soon as practica-2011 Wisconsin Act 35 − 20 − 2011 Senate Bill 93
ble and without delay, but no longer than 45 days, after
receiving a complete application under section 175.60
(7) of the statutes, as created by this act, for a license to
carry a concealed weapon, do one of the following:
(a) Issue the license and promptly send the licensee
his or her license document by 1st class mail.
(b) Deny the application, but only if section 175.60
(3) (a), (b), (c), (d), (e), (f), or (g) of the statutes, as created
by this act, applies to the applicant. If the department
denies the application, the department shall inform the
applicant in writing, stating the reason and factual basis
for the denial.
SECTION 100h.0Fiscal changes.
(1m) In the schedule under section 20.005 (3) of the
statutes for the appropriation to the department of justice
under section 20.455 (2) (gs) of the statutes, as affected
by the acts of 2011, the dollar amount is increased by
$62,300 for the first fiscal year of the fiscal biennium in
which this subsection takes effect to increase the authorized FTE positions by 1.0 PR position. In the schedule
under section 20.005 (3) of the statutes for the appropriation to the department of justice under section 20.455 (2)
(gs) of the statutes, as affected by the acts of 2011, the dollar amount is increased by $62,300 for the second fiscal
year of the fiscal biennium in which this subsection takes
effect to increase the authorized FTE positions by 1.0 PR
position.
(2m) In the schedule under section 20.005 (3) of the
statutes for the appropriation to the department of justice
under section 20.455 (2) (gs) of the statutes, as affected
by the acts of 2011, the dollar amount is increased by
$174,400 for the first fiscal year of the fiscal biennium in
which this subsection takes effect to fund 10.0 LTE positions for 6 months.
(3m) In the schedule under section 20.005 (3) of the
statutes for the appropriation to the department of justice
under section 20.455 (2) (gs) of the statutes, as affected
by the acts of 2011, the dollar amount is increased by
$77,100 for the first fiscal year of the fiscal biennium in
which this subsection takes effect for the purpose of providing supplies and services.
SECTION 101.0Effective dates. This act takes effect
on the first day of the 4th month beginning after publication, except as follows:
(1) The treatment of sections 66.0409 (6), 165.25
(12), 175.49 (4), 175.60 (2m) and (5), and 947.01 (2) of
the statutes and SECTION 100 (1) and (2) of this act take
effect on the day after publication.
(2c) The treatment of section 20.455 (2) (gs) of the
statutes and SECTION 100h of this act take effect on July
1, 2011.