SPS 34.02 Note
Note: A copy of Form #467, Firearms Certification of Proficiency, may be obtained from the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.
SPS 34.02(2)
(2) Certification shall be received from a person who is approved as a firearms proficiency certifier by the department under
s. SPS 34.04. The certificate shall be notarized and shall include at least:
SPS 34.02(2)(a)
(a) A full and complete description of each type of firearm, the care, handling and use of which the owner or employee is proficient.
SPS 34.02(2)(b)
(b) Statements to the effect that the owner or employee has successfully completed the training required in
s. SPS 34.03. These statements shall include the date, time of day, the number of hours and the location where the owner or employee completed the training.
SPS 34.02 Note
Note: A copy of the firearms training guide entitled "Demonstrate Care and Use of Firearms" as approved by the Wisconsin Law Enforcement Standards Board is available for inspection at the Division of Professional Credential Processing, 1400 East Washington Avenue, Madison, WI.
SPS 34.02(3)
(3) A certificate of proficiency shall be valid for one year. An owner or employee shall obtain a new certificate of proficiency by satisfying the requirements in
subs. (1) and
(2), except that the training course shall consist of a 6-hour refresher course which more briefly covers the required course contents described in
s. SPS 34.03. A person approved as a firearms proficiency certifier under
s. SPS 34.04 may satisfy the 6-hour training requirement by conducting the 6-hour refresher course or the 36-hour course under
s. SPS 34.03 (1).
SPS 34.02(4)
(4) An owner or employee who has not obtained a certificate of proficiency under this section at any time during the 5 years preceding the issuance of a permit by the department pursuant to
s. SPS 34.015 shall obtain a new certificate by successfully completing the full 36-hour course, as required in
s. SPS 34.03.
SPS 34.02 History
History: Cr.
Register, October, 1988, No. 394, eff. 11-1-88; r. and recr.
Register, December, 1994, No. 468, eff. 1-1-95; am. (3),
Register, November, 1997, No. 503, eff. 12-1-97; correction in (1), (2) (intro.), (b), (3), (4) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
SPS 34.03
SPS 34.03
Training requirements for carrying a firearm. SPS 34.03(1)(1)
General requirement. Except as provided in
sub. (2), completion of a training program of not less than 36 hours consisting of the following is required as a prerequisite for obtaining an initial certificate of proficiency to carry a firearm under
s. SPS 34.02. The training program shall consist of:
SPS 34.03(1)(a)
(a) Instruction in the dangers relating to the use of the firearm, safety rules, care and cleaning of the firearm.
SPS 34.03(1)(b)
(b) Training in the care, handling and use of the firearm, provided in accordance with the current firearms training guide which the Wisconsin law enforcement standards board has approved for training Wisconsin law enforcement officers. When the Wisconsin law enforcement standards board has approved a new edition of the training guide to replace an older edition, training which is received after the date of which a new edition is approved may be based on the older edition for a period not to exceed 12 months after approval of the new edition by the board.
SPS 34.03 Note
Note: A copy of the firearms training guide entitled "Demonstrate Care and Use of Firearms" as approved by the Wisconsin Law Enforcement Standards Board is available for inspection at the Division of Professional Credential Processing, 1400 East Washington Avenue, Madison, WI.
SPS 34.03(1)(c)
(c) Instruction in the legal use of firearms under the provisions of the Wisconsin criminal code and relevant court decisions.
SPS 34.03(1)(d)
(d) A presentation stressing the ethical and moral considerations which should be taken into account by any person who uses a firearm.
SPS 34.03(1)(f)
(f) A review of the law on criminal and civil liability for intentional and negligent acts.
SPS 34.03(2)
(2) Equivalent training. A person who had received at least 30 hours of training, as described in
sub. (1), except that the training did not include the provisions of Wisconsin law, as in
sub. (1) (b) and
(c), shall complete the 6-hour refresher course under
s. SPS 34.02 (3) to satisfy
sub. (1), provided the person was authorized by another licensing jurisdiction or governmental agency to carry a firearm while on duty as a peace officer, a person who stands watch for security purposes or as a private detective at any time during the 5 years preceding application for a permit under
s. SPS 34.015.
SPS 34.03 History
History: Cr.
Register, October, 1988, No. 394, eff. 11-1-88; r and recr.
Register, December, 1994, No. 468, eff. 1-1-95; correction in (1) (intro.), (2) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
SPS 34.04
SPS 34.04
Approval as a firearms proficiency certifier. SPS 34.04(1)(1) Before certifying the proficiency of an owner or employee to carry a firearm pursuant to
s. SPS 34.02, an individual shall obtain the approval of the department by submitting an application to the department on a form prepared by the department.
SPS 34.04(1m)
(1m) A peace officer is not required to file with the department fingerprints under
sub. (5), provided that the peace officer submits with the application for approval a letter from his or her employing law enforcement agency, written not more than one month before the date of the application and stating that the person is currently employed as a peace officer by the law enforcement agency.
SPS 34.04(2)
(2) An applicant for approval as a firearms proficiency certifier shall at the time of application meet all of the following qualifications:
SPS 34.04(2)(a)
(a) The individual shall have received training as a police or security firearms instructor and shall provide evidence of one of the following:
SPS 34.04(2)(a)1.
1. Current approval as a firearms instructor by the Wisconsin law enforcement standards board.
SPS 34.04(2)(a)2.
2. Current certification as a law enforcement firearms instructor by the national rifle association.
SPS 34.04(2)(a)3.
3. At any time on or after January 1, 1995, was approved as a firearms instructor by the training and standards board in the Wisconsin law enforcement standards board or certified as a law enforcement firearms instructor, or a substantially equivalent designation, by the national rifle association and has completed a 6-hour firearms instructor refresher course within 12 months before application for approval by the department. The refresher course shall be presented by a regional training school approved by the Wisconsin law enforcement standards board or by a staff instructor in the law enforcement activities division of the national rifle association.
SPS 34.04(2)(b)
(b) Notwithstanding ss.
111.321,
111.322 and
111.335, Stats., the individual shall not have been convicted of a felony and is not prohibited from possessing a firearm under any state or federal law.
SPS 34.04(4)
(4) The department may deny an application submitted to it pursuant to
sub. (1) or may suspend, limit or revoke a permit which it has granted, if the department determines that the conditions and requirements described in
sub. (2) have not been satisfied or do not continue to be satisfied. The department shall grant a hearing pursuant to
ch. SPS 1 or
2.
SPS 34.04(5)
(5) Except as provided in
sub. (1m), an applicant shall submit to the department 2 complete and satisfactory sets of fingerprints to carry a firearm and the department may obtain a criminal history record search from the Wisconsin department of justice and the federal bureau of investigation relating to the applicant before initially granting a permit for that individual.
SPS 34.04(6)
(6) The applicant shall pay the reasonable costs incurred by the department in obtaining information relating to the eligibility and qualifications of the application, including the reasonable costs of criminal history record searches.
SPS 34.04 Note
Note: The Application For Approval of Firearms Proficiency Certifier, Form #1912, may be obtained from the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.
SPS 34.04(7)
(7) The approval of a firearms proficiency certifier shall expire on December 31 of each even-numbered year, unless the firearms proficiency certifier submits to the department an application for renewal and is reapproved by the department.
SPS 34.04 History
History: Cr.
Register, October, 1988, No. 394, eff. 11-1-88; r. and recr.
Register, December, 1994, No. 468, eff. 1-1-95; r. (3) and cr. (4), (5) and (6),
Register, November, 1997, No. 503, eff. 12-1-97; cr. (1m), (2) (a) 1., 2., 3., (7), am. (2) (intro.), (b), (5) and (6), renum. (2) (a) to be (2) (a) (intro.),
Register, January, 2001, No. 541, eff. 2-1-01; correction in (1), (4) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
SPS 34.05
SPS 34.05
Agency firearms policy and laws. SPS 34.05(1)(1) Each agency shall file with the department a copy of its firearms policy before any of its owners or employees may receive a permit from the department pursuant to
s. SPS 34.015 and thereafter within 30 days after any substantial changes to it.
SPS 34.05(2)
(2) Each agency shall maintain a current copy of ss.
939.48 and
939.49, Stats., relating to the use of force, and shall make these accessible to its owners and employees.
SPS 34.05 History
History: Cr.
Register, October, 1988, No. 394, eff. 11-1-88; am.
Register, December, 1994, No. 468, eff. 1-1-95; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
SPS 34.06
SPS 34.06
Reporting the discharge of a firearm. If any owner or employee of an agency is responsible for the accidental or intentional discharge of any firearm other than in target practice, competition, or licensed hunting, or is responsible for the accidental or intentional use of deadly force by any means, the owner or employee shall immediately after the incident notify the local law enforcement agency where the incident took place and inform his or her supervisor of the incident. The supervisor or another person assigned by the agency shall investigate the incident as soon as possible, and shall make a signed, written report of the incident, identifying all persons involved in the incident, the investigator, and the agency, and fully describing the circumstances of the incident. As soon as possible after the investigation is completed, a copy of the report shall be filed with the department and with the local law enforcement agency.
SPS 34.06 History
History: Cr.
Register, October, 1988, No. 394, eff. 11-1-88; am.
Register, December, 1994, No. 468, eff. 1-1-95; am.
Register, August, 1995, No. 476, eff. 9-1-95.
SPS 34.07
SPS 34.07
Other dangerous weapons. An owner or employee of an agency may only be armed with a dangerous weapon other than a firearm, which he or she, based on training, is proficient in handling. The person shall understand the legal limits of force with the weapon, the dangers and misuse of the weapon and the safety rules relating to the weapon. The agency shall, upon request of the department, provide documentation of the training or experience which prepared the person to be proficient in the use of the weapon.
SPS 34.07 History
History: Cr.
Register, October, 1988, No. 394, eff. 11-1-88; am.
Register, December, 1994, No. 468, eff. 1-1-95.
SPS 34.08
SPS 34.08
Replica of a firearm. No owner or employee of an agency may, at any time while he or she is on duty, carry on, about or near the person an object which looks like a firearm, but is not.
SPS 34.08 History
History: Cr.
Register, December, 1994, No. 468, eff. 1-1-95; am.,
Register, November, 1997, No. 503, eff. 12-1-97.
