SB214-SSA2,5,2521 165.25 (11) List of concealed-carry license approved states. Determine
22which states issue permits or licenses to carry a concealed weapon to persons who
23meet training requirements and criminal background checks that are substantially
24similar to or more restrictive than those specified under s. 175.50 (3) (h) and (9g) and
25promulgate by rule a list of those states.
SB214-SSA2, s. 13
1Section 13. 165.82 (1) (intro.) of the statutes, as affected by 2003 Wisconsin
2Act 33
, is amended to read:
SB214-SSA2,6,53 165.82 (1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall
4impose the following fees, plus any surcharge required under sub. (1m), for criminal
5history searches for purposes unrelated to criminal justice or to s. 175.35 or 175.50:
SB214-SSA2, s. 14 6Section 14. 165.82 (2) of the statutes is amended to read:
SB214-SSA2,6,97 165.82 (2) Except as provided in s. ss. 175.35 and 175.50, the department of
8justice shall not impose fees for criminal history searches for purposes related to
9criminal justice.
SB214-SSA2, s. 15 10Section 15. 167.31 (4) (ar) of the statutes is created to read:
SB214-SSA2,6,1411 167.31 (4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply
12to the placement, possession, transportation, or loading of a handgun, as defined in
13s. 175.50 (1) (bm), by a person who holds a valid license to carry a concealed weapon
14issued under s. 175.50 or an out-of-state licensee, as defined in s. 175.50 (1) (g).
SB214-SSA2, s. 16 15Section 16. 175.35 (1) (am) of the statutes is created to read:
SB214-SSA2,6,2016 175.35 (1) (am) "Disqualifying mental health adjudication" means one of the
17following events if it occurs in a proceeding that was not commenced by the person
18who is the subject of the proceeding and if it is based on the person having markedly
19subnormal intelligence or the person's mental illness, incompetency, condition, or
20disease:
SB214-SSA2,6,2221 1. An order entered by a court in this state that commits a person for treatment
22in an inpatient mental health facility.
SB214-SSA2,6,2523 2. A determination by a court in this state that a person is a danger to himself
24or herself or others under s. 51.20 (1) (a) 2. or lacks the mental capacity to contract
25or manage his or her own affairs.
SB214-SSA2, s. 17
1Section 17. 175.35 (1) (at) of the statutes is amended to read:
SB214-SSA2,7,142 175.35 (1) (at) "Firearms restrictions record search" means a search of
3department of justice records to determine whether a person seeking to purchase a
4handgun is prohibited from possessing a firearm under s. 941.29 or based on a
5disqualifying mental health adjudication
. "Firearms restriction record search"
6includes a criminal history record search, a search to determine whether a person is
7prohibited from possessing a firearm under s. 51.20 (13) (cv), a search to determine
8whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal
9injunction, as defined in s. 813.12 (1) (e), issued by a court established by any
10federally recognized Wisconsin Indian tribe or band, except the Menominee Indian
11tribe of Wisconsin, that includes notice to the respondent that he or she is subject to
12the requirements and penalties under s. 941.29 and that has been filed with the
13circuit court under s. 806.247 (3), and a search to determine whether the person is
14prohibited from possessing a firearm under s. 813.125 (4m).
SB214-SSA2, s. 18 15Section 18. 175.35 (2) (d) of the statutes is amended to read:
SB214-SSA2,7,2116 175.35 (2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c.,
17have elapsed from the time that the firearms dealer has received a confirmation
18number regarding the firearms restrictions record search under sub. (2g) (c) from the
19department of justice and the firearms dealer has not been notified that the transfer
20would be in violation of s. 941.29 or that the transferee would be prohibited from
21possessing a firearm based on a disqualifying mental health adjudication
.
SB214-SSA2, s. 19 22Section 19. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:
SB214-SSA2,8,223 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from
24possessing a firearm under s. 941.29 or based on a disqualifying mental health
25adjudication
, the department shall provide the firearms dealer with a unique

1nonapproval number. The department may not disclose to the firearms dealer the
2reason the transferee is prohibited from possessing a firearm under s. 941.29.
SB214-SSA2,8,53 b. If the search indicates that the transferee is not prohibited from possessing
4a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the
5department shall provide the firearms dealer with a unique approval number.
SB214-SSA2, s. 20 6Section 20. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB214-SSA2,8,147 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub.
8(2j) against the information recorded by the department regarding the corresponding
9request for a firearms restrictions record search under sub. (2g). If the department
10previously provided a unique approval number regarding the request and nothing
11in the duplicate completed notification form indicates that the transferee is
12prohibited from possessing a firearm under s. 941.29 or based on a disqualifying
13mental health adjudication
, the department shall destroy all records regarding that
14firearms restrictions record search within 30 days after receiving the duplicate form.
SB214-SSA2, s. 21 15Section 21. 175.50 of the statutes is created to read:
SB214-SSA2,8,17 16175.50 License to carry a concealed weapon. (1) Definitions. In this
17section:
SB214-SSA2,8,1818 (ab) "Alcohol beverages" has the meaning given in s. 125.02 (1).
SB214-SSA2,8,1919 (abm) "Alcohol concentration" has the meaning given in s. 340.01 (1v).
SB214-SSA2,8,2220 (ac) "Background check" means a search of department and court records
21conducted under sub. (9g) to determine a person's eligibility for a license to carry a
22concealed weapon.
SB214-SSA2,8,2323 (ag) Except in subs. (2g) (b) and (11) (c) 1. b., "carry" means to go armed with.
SB214-SSA2,8,2524 (ah) "Controlled substance" means a controlled substance, as defined in s.
25961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).
SB214-SSA2,9,1
1(aj) "Department" means the department of justice.
SB214-SSA2,9,22 (am) "Drunk driving offense" means any of the following:
SB214-SSA2,9,33 1. A violation of s. 346.63 or a local ordinance in conformity with that section.
SB214-SSA2,9,54 2. A violation of a law of a federally recognized American Indian tribe or band
5in this state in conformity with s. 346.63.
SB214-SSA2,9,116 3. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m),
7that prohibits use of a motor vehicle while intoxicated, while under the influence of
8a controlled substance, a controlled substance analog, or a combination thereof, with
9an excess or specified range of alcohol concentration, or while under the influence of
10any drug to a degree that renders the person incapable of safely driving, as those or
11substantially similar terms are used in that jurisdiction's laws.
SB214-SSA2,9,1612 (bm) "Handgun" means any weapon designed or redesigned, or made or
13remade, and intended to be fired while held in one hand and to use the energy of an
14explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not
15include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined
16in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).
SB214-SSA2,9,1817 (bq) "Intoxicant" means any alcohol beverage, controlled substance, or other
18drug, or any combination thereof.
SB214-SSA2,9,1919 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
SB214-SSA2,9,2120 (d) "Licensee" means an individual holding a valid license to carry a concealed
21weapon issued under this section.
SB214-SSA2,9,2222 (e) "Misdemeanor crime of violence" means any of the following:
SB214-SSA2,9,2423 1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation
24of s. 947.01.
SB214-SSA2,10,2
12. A crime under federal law or the law of another state that is comparable to
2a crime described in subd. 1.
SB214-SSA2,10,43 (eg) "Misdemeanor delinquency adjudication" means a finding that a juvenile
4is delinquent for an act that would be a misdemeanor if committed by an adult.
SB214-SSA2,10,65 (f) "Out-of-state authorization" means a valid permit document or a valid
6license document issued by another state to which all of the following apply:
SB214-SSA2,10,87 1. The permit document or license document documents that a person is
8authorized under the law of that state to carry a concealed weapon in that state.
SB214-SSA2,10,129 2. The permit document or license document is issued by that state only to those
10persons who meet training requirements and criminal background checks that are
11substantially similar to or more restrictive than those specified under sub. (3) (h) and
12(9g).
SB214-SSA2,10,1613 (g) "Out-of-state licensee" means an individual who is 21 years of age or over,
14who has been issued an out-of-state authorization and who is not prohibited from
15possessing a firearm under s. 941.29 or from possessing a firearm that has been
16transported in interstate or foreign commerce under federal law.
SB214-SSA2,10,1717 (h) "Private property" has the meaning given in s. 943.13 (1e) (e).
SB214-SSA2,10,1918 (i) "Proprietor" means a person to whom a Class "B" or "Class B" license or
19permit has been issued under ch. 125.
SB214-SSA2,10,2220 (ig) "Purpose of authorized analysis" means for the purpose of determining or
21obtaining evidence of the presence, quantity, or concentration of any intoxicant in a
22person's blood, breath, or urine.
SB214-SSA2,10,2423 (is) "Test facility" means a test facility or agency prepared to administer tests
24under s. 343.305 (2).
SB214-SSA2,11,2
1(j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (4),
2a tear gas gun, a knife other than a switchblade knife under s. 941.24, or a billy club.
SB214-SSA2,11,7 3(2) Issuance of license. (a) Except as provided in pars. (b) 1. and (c), each
4county, through its sheriff, shall issue licenses to carry a concealed weapon to an
5individual who meets the qualifications specified in sub. (3) and who completes the
6application process specified in sub. (7). A license to carry a concealed weapon issued
7under this section shall meet the requirements specified in sub. (2m).
SB214-SSA2,11,108 (b) 1. A sheriff may, but is not required to, issue licenses to carry a concealed
9weapon under this section if, before the first day of the 4th month beginning after the
10effective date of this subdivision .... [revisor inserts date], all of the following occur:
SB214-SSA2,11,1211 a. The sheriff requests the county board of the sheriff's county to authorize him
12or her to decline to issue licenses to carry a concealed weapon under this section.
SB214-SSA2,11,1513 b. After receiving a request from the sheriff under subd. 1. a., the county board
14of the sheriff's county grants the sheriff's request by a two-thirds vote of all the
15members of the board.
SB214-SSA2,11,1816 2. At any time the county board of the sheriff's county may rescind the
17authorization it grants under subd. 1. by a two-thirds vote of all members of the
18county board.
SB214-SSA2,11,2219 (c) Any 2 or more sheriffs may by agreement jointly exercise powers granted
20to them and discharge duties imposed on them under this section. An agreement for
21joint issuance of licenses to carry a concealed weapon under this section may be
22entered into at any time and shall satisfy all of the following criteria:
SB214-SSA2,11,2323 1. The agreement shall be in writing.
SB214-SSA2,11,2524 2. The agreement shall be approved by the county board of the county of each
25sheriff who is a party to the agreement.
SB214-SSA2,12,3
12m. The agreement shall specify how the powers and duties that are the subject
2of the agreement are to be allocated among the sheriffs that are parties to the
3agreement.
SB214-SSA2,12,64 3. The agreement shall specify how costs incurred and moneys received under
5this section shall be apportioned among the sheriffs who are a party to the agreement
6and their respective counties.
SB214-SSA2,12,87 4. The agreement shall designate one county to be identified as the county of
8issuance.
SB214-SSA2,12,129 5. If a sheriff who is party to an agreement has issued licenses under this
10section before entering into the agreement, the agreement shall provide for the
11renewal of any licenses that were issued by that sheriff before he or she entered into
12the agreement.
SB214-SSA2,12,16 13(2g) Carrying a concealed weapon; carrying and display of license document
14or authorization.
(a) A licensee or an out-of-state licensee may carry a concealed
15weapon anywhere in this state except as provided under sub. (15m) or (16) or s.
16943.13 (1m) (c) or 941.20 (1) (b).
SB214-SSA2,12,1917 (b) A licensee shall carry his or her license document and an out-of-state
18licensee shall carry his or her out-of-state authorization at all times during which
19he or she is going armed with a concealed weapon.
SB214-SSA2,12,2320 (c) If he or she is carrying a concealed weapon, a licensee shall display his or
21her license document and an out-of-state licensee shall display his or her
22out-of-state authorization to a law enforcement officer upon the request of the law
23enforcement officer.
SB214-SSA2,13,3 24(2i) Preliminary breath screening test. (a) Requirement. A person shall
25provide a sample of his or her breath for a preliminary breath screening test if a law

1enforcement officer has probable cause to believe that the person is violating sub.
2(16) (cm) 1. and if, prior to an arrest, the law enforcement officer requested that the
3person provide this sample.
SB214-SSA2,13,84 (b) Use of test results. A law enforcement officer may use the results of a
5preliminary breath screening test for the purpose of deciding whether or not to arrest
6a person for a violation of sub. (16) (cm) 1. or for the purpose of deciding whether or
7not to request a chemical test under sub. (2k). Following the preliminary breath
8screening test, chemical tests may be required of the person under sub. (2k).
SB214-SSA2,13,129 (c) Admissibility. The result of a preliminary breath screening test is not
10admissible in any action or proceeding except to show probable cause for an arrest,
11if the arrest is challenged, or to show that a chemical test was properly required of
12a person under sub. (2k).
SB214-SSA2,13,1413 (d) Refusal. There is no penalty for a violation of par. (a). Neither sub. (17) (b)
14nor the general penalty provision under s. 939.61 applies to that violation.
SB214-SSA2,13,20 15(2j) Implied consent. Any person who carries a concealed weapon in this state
16is deemed to have given consent to provide one or more samples of his or her breath,
17blood, or urine for the purpose of authorized analysis as required under sub. (2k).
18Any person who carries a concealed weapon in this state is deemed to have given
19consent to submit to one or more chemical tests of his or her breath, blood, or urine
20for the purpose of authorized analysis as required under sub. (2k).
SB214-SSA2,14,3 21(2k) Chemical tests. (a) Requirement. 1. `Samples; submission to tests.' A
22person shall provide one or more samples of his or her breath, blood, or urine for the
23purpose of authorized analysis if he or she is arrested for a violation of sub. (16) (cm)
241. and if he or she is requested to provide the sample by a law enforcement officer.
25A person shall submit to one or more chemical tests of his or her breath, blood, or

1urine for the purpose of authorized analysis if he or she is arrested for a violation of
2sub. (16) (cm) 1. and if he or she is requested to submit to the test by a law
3enforcement officer.
SB214-SSA2,14,74 2. `Information.' A law enforcement officer requesting a person to provide a
5sample or to submit to a chemical test under subd. 1. shall inform the person of all
6of the following at the time of the request and prior to obtaining the sample or
7administering the test:
SB214-SSA2,14,88 a. That he or she is deemed to have consented to tests under sub. (2i).
SB214-SSA2,14,119 b. That a refusal to provide a sample or to submit to a chemical test constitutes
10a violation under par. (e) and is subject to the same penalties and procedures as a
11violation of sub. (16) (cm) 1.
SB214-SSA2,14,1312 c. That in addition to the designated chemical test under par. (b) 2. he or she
13may have an additional chemical test under par. (c) 1.
SB214-SSA2,14,1914 3. `Unconscious person.' A person who is unconscious or otherwise not capable
15of withdrawing consent is presumed not to have withdrawn consent under this
16paragraph, and if a law enforcement officer has probable cause to believe that the
17person violated sub. (16) (cm) 1., one or more chemical tests may be administered to
18the person without a request under subd. 1. and without providing information
19under subd. 2.
SB214-SSA2,14,2520 (b) Chemical tests. 1. `Test facility.' Upon the request of a law enforcement
21officer, a test facility shall administer a chemical test of breath, blood, or urine for
22the purpose of authorized analysis. A test facility shall be prepared to administer
232 of the 3 chemical tests of breath, blood, or urine for the purpose of authorized
24analysis. The department may enter into agreements for the cooperative use of test
25facilities.
SB214-SSA2,15,3
12. `Designated chemical test.' A test facility shall designate one chemical test
2of breath, blood, or urine which it is prepared to administer first for the purpose of
3authorized analysis.
SB214-SSA2,15,74 3. `Additional chemical test.' A test facility shall specify one chemical test of
5breath, blood, or urine, other than the test designated under subd. 2., which it is
6prepared to administer for the purpose of authorized analysis as an additional
7chemical test.
SB214-SSA2,15,188 4. `Validity; procedure.' A chemical test of blood or urine conducted for the
9purpose of authorized analysis is valid as provided under s. 343.305 (6). The duties
10and responsibilities of the laboratory of hygiene, department of health and family
11services, and department of transportation under s. 343.305 (6) apply to a chemical
12test of blood or urine conducted for the purpose of authorized analysis under this
13subsection. Blood may be withdrawn from a person arrested for a violation of sub.
14(16) (cm) 1. only by a physician, registered nurse, medical technologist, physician
15assistant, or person acting under the direction of a physician and the person who
16withdraws the blood, the employer of that person, and any hospital where blood is
17withdrawn have immunity from civil or criminal liability as provided under s.
18895.53.
SB214-SSA2,16,219 5. `Report.' A test facility which administers a chemical test of breath, blood,
20or urine for the purpose of authorized analysis under this subsection shall prepare
21a written report which shall include the findings of the chemical test, the
22identification of the law enforcement officer or the person who requested a chemical
23test, and the identification of the person who provided the sample or submitted to the
24chemical test. The test facility shall transmit a copy of the report to the law

1enforcement officer and the person who provided the sample or submitted to the
2chemical test.
SB214-SSA2,16,93 (c) Additional and optional chemical tests. 1. `Additional chemical test.' If a
4person is arrested for a violation of sub. (16) (cm) 1. and if the person is requested to
5provide a sample or to submit to a test under par. (a) 1., the person may request the
6test facility to administer the additional chemical test specified under par. (b) 3. or,
7at his or her own expense, reasonable opportunity to have any qualified person
8administer a chemical test of his or her breath, blood, or urine for the purpose of
9authorized analysis.
SB214-SSA2,16,1710 2. `Optional test.' If a person is arrested for a violation of sub. (16) (cm) 1. and
11if the person is not requested to provide a sample or to submit to a test under par. (a)
121., the person may request the test facility to administer a chemical test of his or her
13breath or, at his or her own expense, reasonable opportunity to have any qualified
14person administer a chemical test of his or her breath, blood, or urine for the purpose
15of authorized analysis. If a test facility is unable to perform a chemical test of breath,
16the person may request the test facility to administer the designated chemical test
17under par. (b) 2. or the additional chemical test under par. (b) 3.
SB214-SSA2,16,1918 3. `Compliance with request.' A test facility shall comply with a request under
19this paragraph to administer any chemical test that it is able to perform.
SB214-SSA2,16,2320 4. `Inability to obtain chemical test.' The failure or inability of a person to
21obtain a chemical test at his or her own expense does not preclude the admission of
22evidence of the results of a chemical test required and administered under pars. (a)
23and (b).
SB214-SSA2,17,624 (d) Admissibility; effect of test results; other evidence. The results of a chemical
25test required or administered under par. (a), (b), or (c) are admissible in any civil or

1criminal action or proceeding arising out of the acts committed by a person alleged
2to have violated sub. (16) (cm) 1. on the issue of whether the person had alcohol
3concentrations at or above specified levels or was under the influence of an
4intoxicant. Results of these chemical tests shall be given the effect required under
5s. 885.235. This subsection does not limit the right of a law enforcement officer to
6obtain evidence by any other lawful means.
SB214-SSA2,17,137 (e) Refusal. No person may refuse a lawful request to provide one or more
8samples of his or her breath, blood, or urine or to submit to one or more chemical tests
9under par. (a). A person shall not be deemed to refuse to provide a sample or to submit
10to a chemical test if it is shown by a preponderance of the evidence that the refusal
11was due to a physical inability to provide the sample or to submit to the test due to
12a physical disability or disease unrelated to the use of an intoxicant. Issues in any
13action concerning a violation of par. (a) or this paragraph are limited to:
SB214-SSA2,17,1514 1. Whether the law enforcement officer had probable cause to believe the
15person was violating or had violated sub. (16) (cm) 1.
SB214-SSA2,17,1716 2. Whether the person was lawfully placed under arrest for violating sub. (16)
17(cm) 1.
SB214-SSA2,17,2118 3. Whether the law enforcement officer requested the person to provide a
19sample or to submit to a chemical test and provided the information required under
20par. (a) 2. or whether the request and information were unnecessary under par. (a)
213.
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