AB605: Bill Text

AB605,6,12 (f) "Weapon" means a handgun, as defined in s. 175.35 (1) (b), an electric weapon, as defined in s. 941.295 (4), a tear gas gun, a knife other than a switchblade knife under s. 941.24, or a billy club. "Weapon" 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).

AB605,6,17 (2) Issuance of license. (a) Except as provided in pars. (b) and (c), a sheriff shall issue licenses to carry a concealed weapon to an individual who meets the qualifications specified in subs. (3) and (4) and who completes the application process specified in sub. (7). A license to carry a concealed weapon issued by a sheriff under this section shall meet the requirements specified in sub. (2m).

AB605,6,20 (b) A sheriff is not required to issue licenses to carry a concealed weapon under this section if, before the first day of the 4th month beginning after the effective of this paragraph .... [revisor inserts date], all of the following occur:

AB605,6,22 1. The sheriff requests the county board of the sheriff's county to authorize him or her to decline to issue licenses to carry a concealed weapon under this section.

AB605,6,25 2. After receiving a request from the sheriff under subd. 1., the county board of the sheriff's county grants the sheriff's request by a two-thirds vote of all the members of the board.

AB605,7,4 (c) Any 2 or more sheriffs may by agreement jointly issue licenses to carry a concealed weapon under this section. An agreement for joint issuance of licenses to carry a concealed weapon under this section may be entered into at any time and shall satisfy all of the following criteria:

AB605,7,5 1. The agreement shall be in writing.

AB605,7,7 2. The agreement shall be approved by the county board of the county of each sheriff who is a party to the agreement.

AB605,7,10 3. The agreement shall specify how costs incurred and moneys received under this section shall be apportioned among the sheriffs who are a party to the agreement and their respective counties.

AB605,7,13 4. The agreement shall designate one county to be identified as the county of issuance for purposes of the license document information required under sub. (2m) (c) 7. and 8. and for purposes of appeal under sub. (14) (c).

AB605,7,17 5. If a sheriff who is party to an agreement has issued licenses under this section before entering into the agreement, the agreement shall provide for the renewal of any licenses that were issued by that sheriff before he or she entered into the agreement.

AB605,7,20 (2g) Carrying a concealed weapon; carrying and display of license. (a) A licensee may carry a concealed weapon anywhere in this state except as provided under sub. (16).

AB605,7,22 (b) A licensee shall carry his or her license at all times during which he or she is carrying a concealed weapon.

AB605,7,25 (c) If he or she is carrying a concealed weapon, a licensee shall display his or her license to a law enforcement officer upon the request of the law enforcement officer.

AB605,8,7 (2m) License document; content of license. (a) Subject to pars. (b), (c) and (d), the department shall design the license document for licenses issued under this section. The department shall complete the design of the license document no later than the first day of the 4th month beginning after the effective date of this paragraph .... [revisor inserts date], and shall distribute the design for the license document to any sheriff who issues licenses under sub. (2) (a) or (c) for the sheriff to use for licenses that he or she issues under this section.

AB605,8,9 (am) The department shall establish a unique code number for each county of this state for use as a prefix to the identification number required under par. (c) 8.

AB605,8,11 (b) A license issued under this section shall be a single document, with the information specified in par. (c) appearing on one side.

AB605,8,12 (c) One side of the license document shall include all of the following:

AB605,8,13 1. The full name, date of birth and residence address of the licensee.

AB605,8,14 2. A color photograph of the licensee.

AB605,8,16 3. A physical description of the licensee, including gender, height, weight and hair and eye color.

AB605,8,17 4. The date on which the license was issued.

AB605,8,18 5. The date on which the license expires.

AB605,8,19 6. The name of this state.

AB605,8,22 7. The name of the county of the sheriff who issues the license or, if the license is issued by 2 or more sheriffs acting jointly under sub. (2) (c), the name of the county designated under the agreement.

AB605,8,24 8. A unique identification number for each licensee that begins with the code number for the county established by the department under par. (am).

AB605,9,4 (d) A license document issued under this section shall be, to the maximum extent possible, tamper proof and shall be produced using the same or similar equipment used by the department of transportation to produce an operator's license under s. 343.17.

AB605,9,6 (3) Qualifications a person must have to get a license. An individual is eligible for a license under this section if he or she satisfies all of the following:

AB605,9,7 (a) The individual is at least 21 years of age.

AB605,9,8 (b) The individual is a resident of the United States.

AB605,9,10 (c) The individual does not suffer from a physical disability that prevents him or her from safely handling a weapon.

AB605,9,11 (d) The individual is not prohibited from possessing a firearm under s. 941.29.

AB605,9,14 (e) During the 3-year period immediately preceding the date on which he or she submits an application under sub. (7), the individual has not been civilly committed under s. 51.20 for being drug dependent.

AB605,9,18 (f) During the 3-year period immediately preceding the date on which he or she submits an application under sub. (7), the individual has not been convicted for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of ch. 961 or of a law of another state that is comparable to any provision of ch. 961.

AB605,9,24 (g) The individual does not chronically and habitually use alcohol beverages or other substances to the extent that his or her normal faculties are impaired. A person is presumed chronically and habitually to use alcohol beverages or other substances to the extent that his or her normal faculties are impaired if, within the 3-year period immediately preceding the date on which he or she submits an application under sub. (7), any of the following applies:

AB605,10,2 1. The individual has been committed for involuntary treatment under s. 51.45 (13).

AB605,10,3 2. The individual has been convicted of a violation of s. 941.20 (1) (b).

AB605,10,7 3. The individual has been convicted 2 or more times of a violation of s. 346.63, of a local ordinance in conformity with s. 346.63, of a law of another state that is comparable to s. 346.63 or of a law of a federally recognized American Indian tribe or band in conformity with or comparable to s. 346.63.

AB605,10,8 (i) The individual has done one of the following:

AB605,10,10 2. Successfully completed a National Rifle Association firearm training or firearm safety course.

AB605,10,13 3. Successfully completed a firearm training or firearm safety course or class conducted by an instructor certified either by the state in which the course was conducted or by the National Rifle Association.

AB605,10,19 4. Successfully completed a firearm safety or firearm training course or class that is available to the general public and that is offered by a law enforcement agency, a private or public school, institution or organization or a firearm training school, if the course or class uses instructors certified by the National Rifle Association or the department or if the curriculum meets the minimum requirements of the law enforcement standards board.

AB605,10,22 5. Successfully completed a firearm safety or firearm training course or class offered for law enforcement officers, correctional officers, special deputies, private detectives licensed under s. 440.26, or other security or law enforcement personnel.

AB605,10,25 6. Participated in organized shooting competitions or military training that gave the applicant experience with firearms that the sheriff determines is substantially equivalent to any course or class specified in subds. 2. to 5.

AB605,11,5 7. Participated in military firearms training that gave the applicant experience with firearms that the sheriff determines is substantially equivalent to any course or class specified in subds. 2. to 5., if the applicant is serving in the U.S. armed forces or has received a discharge from the armed forces under conditions other than dishonorable.

AB605,11,10 (j) The individual has not been found incompetent under ch. 880 or, if the individual has been found incompetent under ch. 880, he or she was subsequently found to be competent and, on the date that he or she submits an application under sub. (7), at least 5 years have elapsed from the date that he or she was found to be competent.

AB605,11,16 (k) The individual has not been involuntarily committed for treatment under s. 51.20 due to mental illness or a developmental disability or, if the individual has been involuntarily committed for treatment under s. 51.20 due to mental illness or a developmental disability, he or she presents evidence from a psychiatrist licensed in this state that he or she has not been disabled due to mental illness or a developmental disability for at least 5 years.

AB605,11,19 (L) The individual has not been charged with a felony or a misdemeanor crime of violence for which the prosecution was suspended under a deferred prosecution agreement unless 3 years have elapsed since the charge was dismissed.

AB605,11,21 (m) The individual has not submitted an application for a license under this section to another county and had the application denied.

AB605,12,2 (4) Misdemeanor convictions; denial of license. A sheriff may deny a license to an individual who has been found guilty of one or more misdemeanor crimes of violence unless the individual has been discharged from all sentences or periods of probation in connection with the crimes 3 or more years before the date on which the individual submits an application under sub. (7).

AB605,12,10 (5) Form of application. The department shall design an application form for use by individuals who apply for a license under this section. The department shall complete the design of the application form no later than the first day of the 4th month beginning after the effective date of this subsection .... [revisor inserts date], and shall distribute the design for the application form to any sheriff who issues licenses under sub. (2) (a) or (c) for use in making application forms for licenses under this section. The application form designed by the department shall include all of the following:

AB605,12,11 (a) The name and address of the applicant.

AB605,12,12 (b) The date of birth of the applicant.

AB605,12,13 (c) The applicant's race, gender, height, weight and hair and eye color.

AB605,12,14 (d) The applicant's social security number.

AB605,12,16 (e) A statement that the applicant is eligible for a license under the requirements specified in subs. (3) and (4).

AB605,12,19 (f) A statement explaining the privilege of 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.

AB605,12,21 (g) A statement that the applicant has received a copy of this section and understands the requirements of this section.

AB605,12,25 (h) A statement that the application is being made under oath and that an applicant may be prosecuted for violating s. 946.32 if he or she gives a false answer to any question on the application or submits a falsified document with the application.

AB605,13,1 (i) A statement of the penalties for violating s. 946.32.

AB605,13,4 (6) Oath. An applicant shall swear under oath that the information that he or she provides in an application submitted under sub. (7) and any document submitted with the application is true and complete to the best of his or her knowledge.

AB605,13,7 (7) Submission of application. An applicant for a license under this section shall submit all of the following to the sheriff to whom he or she is applying for a license:

AB605,13,9 (a) An application in the form prescribed under sub. (5) that has been sworn to as required under sub. (6).

AB605,13,12 (bd) A license fee set by the sheriff issuing the license that does not exceed either the cost to the sheriff of issuing a license to an individual under this section, including the cost of equipment purchase or rental, or $75, whichever is less.

AB605,13,13 (bh) The fee for a firearms restrictions record search specified in sub. (9g) (c).

AB605,13,14 (bp) A shooting range improvement fee of $15.

AB605,13,15 (bt) A law enforcement excellence fund fee of $15.

AB605,13,17 (c) A fingerprint card bearing an index finger fingerprint of the applicant taken by the sheriff to whom the application is submitted.

AB605,13,19 (d) A photocopy of a certificate or other evidence showing the applicant's qualifications under sub. (3) (i).

AB605,13,21 (e) A full-face photograph of the applicant taken within the 30-day period immediately preceding the date of the applicant's application.

AB605,13,24 (8) Fingerprinting by sheriff. A sheriff shall provide fingerprinting service at no additional charge to an applicant for a license or for renewal of a license under this section.

AB605,14,2 (9) Processing of application. (a) On receiving an application submitted under sub. (7), a sheriff shall do all of the following:

AB605,14,10 1. Submit the fingerprint card of the applicant to the department for submittal to the federal bureau of investigation or the automated fingerprint identification system for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction. If the applicant's fingerprint card is not sufficiently legible for the federal bureau of investigation to use in verifying the applicant's identity and obtaining his or her arrest or conviction record, the sheriff shall require the applicant to submit an additional fingerprint card.

AB605,14,12 2. Request the department to conduct a firearms restrictions record search, as provided under sub. (9g).

AB605,14,14 (b) Subject to par. (c), within 21 days after receiving an application under sub. (7) a sheriff shall do one of the following:

AB605,14,15 1. Issue the license.

AB605,14,18 2. Deny the application if the applicant fails to qualify under the criteria specified in subs. (3) and (4). If the sheriff denies the application, he or she shall inform the applicant in writing, stating the ground for denial.

AB605,14,24 (c) Except as provided in sub. (9r), a sheriff may not issue a license until 7 days, subject to extension under sub. (9g) (b) 3. c., have elapsed from the time that the sheriff has received a confirmation number regarding the firearms restrictions record search under sub. (9g) (b) from the department and the sheriff has not been notified that the applicant is not qualified for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4).

AB605,15,5 (9g) Firearms restrictions record searches. (a) A sheriff shall request the department to conduct a firearms restrictions record search by calling the department, using a toll-free telephone number provided by the department, and providing the department with the name, date of birth, gender, race and social security number of the applicant.

AB605,15,7 (b) On receiving a request under par. (a), the department shall conduct a firearms restrictions record search using the following procedure:

AB605,15,9 1. The department shall provide the sheriff with a confirmation number confirming the receipt of the information under par. (a).

AB605,15,14 2. The department shall conduct the firearms restrictions record search regarding an applicant for a license under this section. In conducting a search under this subdivision, the department shall use the transaction information for management of enforcement system and the national crime information center system.

AB605,15,17 3. The department shall notify the sheriff, either during the initial telephone call or as soon thereafter as practicable, of the results of the firearms restrictions record search as follows:

AB605,15,22 a. If the search indicates that the applicant does not qualify for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4), the department shall provide the sheriff with a unique nonapproval number. The department shall disclose to the sheriff the reason the applicant does not qualify for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4).

AB605,15,25 b. If the search indicates that the applicant is qualified for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4), the department shall provide the sheriff with a unique approval number.

AB605,16,6 c. If the search indicates a criminal charge without a recorded disposition, the deadline under sub. (9) (c) is extended to the end of the 3rd complete working day commencing after the day on which the finding is made. The department shall notify the sheriff of the extension as soon as practicable. During the extended period, the department shall make every reasonable effort to determine the disposition of the charge and notify the sheriff of the results as soon as practicable.

AB605,16,9 (bm) The department shall conduct the search under par. (b) immediately if, when requesting the search under par. (a), the sheriff informs the department that the search is for an applicant for an emergency license under sub. (9r).

AB605,16,14 (c) The department shall charge a sheriff a fee of $8 for each firearms restrictions record search that the sheriff requests under par. (a), except that the department shall waive the fee if, when requesting the search, the sheriff informs the department that the fee is being waived under sub. (9r) (d). The sheriff shall collect the fee from the applicant unless the fee is waived under sub. (9r) (d).

AB605,16,19 (d) A sheriff shall maintain the original record of all completed application forms and a record of all confirmation numbers and corresponding approval or nonapproval numbers that he or she receives regarding firearms restrictions record searches under this subsection. The sheriff shall mail a duplicate copy of each completed application form to the department.