Chapter SPS 34
FIREARMS AND OTHER DANGEROUS WEAPONS
SPS 34.01 General conditions relating to carrying a firearm.
SPS 34.011 Conditions relating to transporting a loaded firearm in a vehicle.
SPS 34.015 Permit granted by the department.
SPS 34.02 Certificates of proficiency to carry a firearm.
SPS 34.03 Training requirements for carrying a firearm.
SPS 34.04 Approval as a firearms proficiency certifier.
SPS 34.05 Agency firearms policy and laws.
SPS 34.06 Reporting the discharge of a firearm.
SPS 34.07 Other dangerous weapons.
SPS 34.08 Replica of a firearm.
SPS 34.001 History
History: Cr.
Register, November, 1997, No. 503, eff. 12-1-97.
SPS 34.01
SPS 34.01
General conditions relating to carrying a firearm. SPS 34.01(1)(1) No owner or employee of an agency may carry on, about or near their person any firearm unless all of the following apply:
SPS 34.01(1)(a)
(a) The circumstances or conditions of the owner's or employee's assignment as a private security person give rise to a substantial need for being armed.
SPS 34.01(1)(am)
(am) The agency requires the owner or employee to carry a firearm when acting as a private security person.
SPS 34.01(1)(b)
(b) The client and the agency agree in writing that the agency will assign armed security personnel to the client.
SPS 34.01(1)(d)
(d) The owner or employee is not prohibited from possessing a firearm under s.
941.29, Stats., or any federal law.
SPS 34.01(1)(g)
(g) The owner or employee complies with all federal or state laws or local ordinances when carrying a firearm.
SPS 34.01(2)
(2) Except as provided in
sub. (4), an owner or employee of any agency may not carry on, about or near the person any concealed firearm at a time when he or she is on duty.
SPS 34.01(3)
(3) Except as provided in
sub. (4), a private detective, while in uniform and on duty as a private security person, may only carry on, about or near his or her person a firearm when all the conditions in
sub. (1) are satisfied. This subsection does not prohibit a private detective from having on, about or near his or her person a firearm which the private detective obtained and is holding as evidence in an investigation.
SPS 34.01(4)
(4) A person who is a peace officer, as defined in s.
939.22 (22), Stats., may carry on, about or near his or her person a firearm, concealed or otherwise, when acting as a private detective or private security person, if the peace officer obtains a firearms permit from the department. The department may grant an exception from this requirement to a peace officer who submits to the department a letter from a law enforcement agency, written not more than one month before the date of receipt by the department, stating that the law enforcement agency will accept liability for the peace officer's use of a firearm while on duty for the private detective agency.
SPS 34.01 History
History: Cr.
Register, October, 1988, No. 394, eff. 11-1-88; am. (1) (intro.), (a) to (c), cr. (1) (am), (d) to (g), (3) and (4), r. and recr. (2),
Register, December, 1994, No. 468, eff. 1-1-95; am. (1) (intro.), cr. (1) (fm),
Register, January, 1997, No. 493, eff. 2-1-97; am. (1) (b) and (d) and cr. (1) (h) and (i),
Register, November, 1997, No. 503, eff. 12-1-97; am. (4),
Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) (c), (i) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
SPS 34.011
SPS 34.011
Conditions relating to transporting a loaded firearm in a vehicle. No owner or employee of an agency may transport a loaded firearm in a vehicle, unless all of the following apply:
SPS 34.011(1)
(1) The firearm is in plain view. In this section "in plain view" means it is visible from ordinary observation to a person outside the vehicle.
SPS 34.011 Note
Note: A firearm located in a glove compartment, in a briefcase, under a seat of a vehicle, or covered by the clothing of an occupant, is not "in plain view."
SPS 34.011(2)
(2) If the firearm is a handgun, the owner or employee transports the firearm in a holster which is in plain view.
SPS 34.011(3)
(3) If the firearm is other than a handgun, the owner or employee transports the firearm in a device inside the vehicle which locks the firearm in position and prevents an unauthorized person from removing the firearm from the locking device and which is in plain view.
SPS 34.011 History
History: Cr.
Register, January, 1977, No. 493, eff. 2-1-97; am. (intro.),
Register, November, 1997, No. 503, eff. 12-1-97; correction in (4) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
SPS 34.015
SPS 34.015
Permit granted by the department. SPS 34.015(1)(1) An agency shall apply to the department for a permit to authorize any of its owners or employees to carry a firearm when assigned to do so by the agency.
SPS 34.015(2)
(2) The department may grant a permit to an agency pursuant to
sub. (1) if the department has determined that all of the conditions and requirements in
ss. SPS 34.01,
34.02,
34.03 and
34.05 have been satisfied by the agency and the owner or employee who will be assigned by the agency to carry a firearm while on duty.
SPS 34.015(3)
(3) A permit shall only be valid while the owner or employee performs private security services for the agency to which the permit was granted. When an owner or employee transfers employment to another agency, the other agency shall obtain a new permit before requiring or permitting the owner or employee to carry a firearm.
SPS 34.015(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 34.015(6)
(6) The agency shall pay the reasonable costs incurred by the department in obtaining information relating to the eligibility and qualifications of each owner or employee to whom the permit applies, including the reasonable costs of criminal history record searches.
SPS 34.015 History
History: Cr.
Register, December, 1994, No. 468, eff. 1-1-95; r. (5),
Register, January, 2001, No. 541, eff. 2-1-01; correction in (2), (4) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
SPS 34.02
SPS 34.02
Certificates of proficiency to carry a firearm. SPS 34.02(1)(1) Before an agency may receive a permit from the department pursuant to
s. SPS 34.015, the owner or employee who will be assigned to carry a firearm while on duty shall obtain a certificate of proficiency in the care, handling and use of a firearm.
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.
