SB214-engrossed, s. 3 7Section 3. 29.091 of the statutes is renumbered 29.091 (1) and amended to
8read:
SB214-engrossed,8,169 29.091 (1) No person may hunt or trap within any wildlife refuge established
10under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession
11or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded,
12the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
13within a carrying case. The taking of predatory game birds and animals shall be done
14as the department directs. All state wildlife refuge boundary lines shall be marked
15by posts placed at intervals of not over 500 feet and bearing signs with the words
16"Wisconsin Wildlife Refuge".
SB214-engrossed, s. 4 17Section 4. 29.091 (2) of the statutes is created to read:
SB214-engrossed,8,2118 29.091 (2) The prohibition of the possession or control of a loaded or unencased
19gun or firearm in sub. (1) does not apply to the possession of a handgun, as defined
20in s. 175.50 (1) (bm), by a person who holds a valid license to carry a concealed weapon
21issued under s. 175.50 or by an out-of-state licensee, as defined in s. 175.50 (1) (g).
SB214-engrossed, s. 5 22Section 5. 29.621 (4) of the statutes is renumbered 29.621 (4) (a) and amended
23to read:
SB214-engrossed,9,524 29.621 (4) (a) Except as provided in s. 29.091 (1), no owner of a wildlife refuge,
25and no other person, may hunt or trap within the boundaries of any wildlife refuge

1or, except as provided in par. (b), have in his or her possession or under his or her
2control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or
3firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or
4crossbow is enclosed within a carrying case. Nothing in this section may prohibit,
5prevent or interfere with the department in the destruction of injurious animals.
SB214-engrossed, s. 6 6Section 6. 29.621 (4) (b) of the statutes is created to read:
SB214-engrossed,9,117 29.621 (4) (b) The prohibition of the possession or control of a loaded or
8unencased gun or firearm in par. (a) does not apply to the possession of a handgun,
9as defined in s. 175.50 (1) (bm), by a person who holds a valid license to carry a
10concealed weapon issued under s. 175.50 or an out-of-state licensee, as defined in
11s. 175.50 (1) (g).
SB214-engrossed, s. 7 12Section 7. 51.20 (13) (cv) 4. of the statutes is amended to read:
SB214-engrossed,9,2313 51.20 (13) (cv) 4. If the court prohibits a subject individual from possessing a
14firearm under subd. 1. or cancels a prohibition under subd. 2., the court clerk shall
15notify the department of justice of that fact and provide any information identifying
16the subject individual that is necessary to permit an accurate involuntary
17commitment history record search under s. 175.35 (2g) (c) or a background check
18under s. 175.50 (9g) (b)
. No other information from the subject individual's court
19records may be disclosed to the department of justice except by order of the court.
20The department of justice may disclose information provided under this subdivision
21only as part of an involuntary commitment history record search under s. 175.35 (2g)
22(c) or a background check under s. 175.50 (9g) (b) or to a sheriff under s. 175.50 (9g)
23(b) 3. a. or c. or (e) 1., (9r) (b) 2., or (11) (d) 3
.
SB214-engrossed, s. 8 24Section 8. 51.20 (16) (gm) of the statutes is amended to read:
SB214-engrossed,10,11
151.20 (16) (gm) Upon a request under par. (a), a court may cancel the
2prohibition under sub. (13) (cv) 1. if the court determines, based on evidence
3presented on the issue of the subject individual's dangerousness, that there no longer
4is a substantial probability that the individual may use a firearm to cause physical
5harm to himself or herself or endanger public safety. If a court cancels a prohibition
6under sub. (13) (cv) 1. under this paragraph, the court clerk shall notify the
7department of justice of that fact and provide any information identifying the subject
8individual that is necessary to permit an accurate involuntary commitment record
9search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b). No
10other information from the subject individual's court records may be disclosed to the
11department of justice except by order of the court.
SB214-engrossed, s. 9 12Section 9. 51.30 (3) (a) of the statutes is amended to read:
SB214-engrossed,10,1713 51.30 (3) (a) Except as provided in pars. (b) and (c) and s. 175.50 (11) (d) 2. g.
14and 3. and under rules that the department of justice promulgates under s. 175.35
15(2g) (c) 3. or 175.50 (9g) (f)
, the files and records of the court proceedings under this
16chapter shall be closed but shall be accessible to any individual who is the subject of
17a petition filed under this chapter.
SB214-engrossed, s. 10 18Section 10. 55.06 (17) (d) of the statutes is created to read:
SB214-engrossed,10,2119 55.06 (17) (d) Notwithstanding par. (a), information from records described in
20par. (a) may be disclosed under rules that the department of justice promulgates
21under s. 175.35 (2g) (c) 3. or 175.50 (9g) (f).
SB214-engrossed, s. 11 22Section 11. 59.25 (3) (u) of the statutes is created to read:
SB214-engrossed,10,2523 59.25 (3) (u) 1. Subject to the terms of an agreement under s. 175.50 (2) (c),
24deposit all moneys received under s. 175.50 (7) (bd) and (bp), (13), and (15) (b) 4. a.
25and c. in the general fund of the county.
SB214-engrossed,11,2
12. Forward all moneys received under s. 175.50 (7) (bh) and (15) (b) 4. b. to the
2state treasurer for deposit in the general fund.
SB214-engrossed,11,63 4. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all
4moneys received from payments made under s. 175.50 (7) (bt) and (15) (b) 4. d. in the
5law enforcement excellence fund established under s. 175.50 (20) and make
6payments from the fund for the purposes of s. 175.50 (20) (b).
SB214-engrossed, s. 12 7Section 12. 165.25 (11) of the statutes is created to read:
SB214-engrossed,11,98 165.25 (11) Rules regarding concealed weapons licenses. (a) Promulgate
9rules specifying all of the following:
SB214-engrossed,11,1310 1. A procedure by which a sheriff may file a petition under s. 175.50 (10m) and
11a license may be revoked under s. 175.50 (14) with respect to a person who is issued
12a license under s. 175.50 (9r) and who, as a result of being licensed, poses a
13substantial risk to others.
SB214-engrossed,11,1514 2. A procedure to provide sheriffs notice of any order entered under s. 175.50
15(10m) prohibiting a person from being licensed to carry a concealed weapon.
SB214-engrossed,11,1816 (b) Determine which states issue permits or licenses to carry a concealed
17weapon to persons who meet training requirements and pass criminal background
18checks in those states and promulgate by rule a list of those states.
SB214-engrossed, s. 13 19Section 13. 165.82 (1) (intro.) of the statutes, as affected by 2003 Wisconsin
20Act 33
, is amended to read:
SB214-engrossed,11,2321 165.82 (1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall
22impose the following fees, plus any surcharge required under sub. (1m), for criminal
23history searches for purposes unrelated to criminal justice or to s. 175.35 or 175.50:
SB214-engrossed, s. 14 24Section 14. 165.82 (2) of the statutes is amended to read:
SB214-engrossed,12,3
1165.82 (2) Except as provided in s. ss. 175.35 and 175.50, the department of
2justice shall not impose fees for criminal history searches for purposes related to
3criminal justice.
SB214-engrossed, s. 15 4Section 15. 167.31 (4) (ar) of the statutes is created to read:
SB214-engrossed,12,85 167.31 (4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply
6to the placement, possession, transportation, or loading of a handgun, as defined in
7s. 175.50 (1) (bm), by a person who holds a valid license to carry a concealed weapon
8issued under s. 175.50 or an out-of-state licensee, as defined in s. 175.50 (1) (g).
SB214-engrossed, s. 16 9Section 16. 175.35 (1) (am) of the statutes is created to read:
SB214-engrossed,12,1410 175.35 (1) (am) "Disqualifying mental health adjudication" means one of the
11following events if it occurs in a proceeding that was not commenced by the person
12who is the subject of the proceeding and if it is based on the person having markedly
13subnormal intelligence or the person's mental illness, incompetency, condition, or
14disease:
SB214-engrossed,12,1615 1. An order entered by a court in this state that commits a person for treatment
16in an inpatient mental health facility.
SB214-engrossed,12,1917 2. A determination by a court in this state that a person is a danger to himself
18or herself or others under s. 51.20 (1) (a) 2. or lacks the mental capacity to contract
19or manage his or her own affairs.
SB214-engrossed, s. 17 20Section 17. 175.35 (1) (at) of the statutes is amended to read:
SB214-engrossed,13,821 175.35 (1) (at) "Firearms restrictions record search" means a search of
22department of justice records to determine whether a person seeking to purchase a
23handgun is prohibited from possessing a firearm under s. 941.29 or based on a
24disqualifying mental health adjudication
. "Firearms restriction record search"
25includes a criminal history record search, a search to determine whether a person is

1prohibited from possessing a firearm under s. 51.20 (13) (cv), a search to determine
2whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal
3injunction, as defined in s. 813.12 (1) (e), issued by a court established by any
4federally recognized Wisconsin Indian tribe or band, except the Menominee Indian
5tribe of Wisconsin, that includes notice to the respondent that he or she is subject to
6the requirements and penalties under s. 941.29 and that has been filed with the
7circuit court under s. 806.247 (3), and a search to determine whether the person is
8prohibited from possessing a firearm under s. 813.125 (4m).
SB214-engrossed, s. 18 9Section 18. 175.35 (2) (d) of the statutes is amended to read:
SB214-engrossed,13,1510 175.35 (2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c.,
11have elapsed from the time that the firearms dealer has received a confirmation
12number regarding the firearms restrictions record search under sub. (2g) (c) from the
13department of justice and the firearms dealer has not been notified that the transfer
14would be in violation of s. 941.29 or that the transferee would be prohibited from
15possessing a firearm based on a disqualifying mental health adjudication
.
SB214-engrossed, s. 19 16Section 19. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:
SB214-engrossed,13,2117 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from
18possessing a firearm under s. 941.29 or based on a disqualifying mental health
19adjudication
, the department shall provide the firearms dealer with a unique
20nonapproval number. The department may not disclose to the firearms dealer the
21reason the transferee is prohibited from possessing a firearm under s. 941.29.
SB214-engrossed,13,2422 b. If the search indicates that the transferee is not prohibited from possessing
23a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the
24department shall provide the firearms dealer with a unique approval number.
SB214-engrossed, s. 20 25Section 20. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB214-engrossed,14,8
1175.35 (2k) (ar) 2. Check each duplicate notification form received under sub.
2(2j) against the information recorded by the department regarding the corresponding
3request for a firearms restrictions record search under sub. (2g). If the department
4previously provided a unique approval number regarding the request and nothing
5in the duplicate completed notification form indicates that the transferee is
6prohibited from possessing a firearm under s. 941.29 or based on a disqualifying
7mental health adjudication
, the department shall destroy all records regarding that
8firearms restrictions record search within 30 days after receiving the duplicate form.
SB214-engrossed, s. 21 9Section 21. 175.50 of the statutes is created to read:
SB214-engrossed,14,11 10175.50 License to carry a concealed weapon. (1) Definitions. In this
11section:
SB214-engrossed,14,1212 (ab) "Alcohol beverages" has the meaning given in s. 125.02 (1).
SB214-engrossed,14,1313 (abm) "Alcohol concentration" has the meaning given in s. 340.01 (1v).
SB214-engrossed,14,1614 (ac) "Background check" means a search of department and court records
15conducted under sub. (9g) to determine a person's eligibility for a license to carry a
16concealed weapon.
SB214-engrossed,14,1717 (ag) Except in subs. (2g) (b) and (11) (c) 1. b., "carry" means to go armed with.
SB214-engrossed,14,1918 (ah) "Controlled substance" means a controlled substance, as defined in s.
19961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).
SB214-engrossed,14,2020 (aj) "Department" means the department of justice.
SB214-engrossed,14,2121 (am) "Drunk driving offense" means any of the following:
SB214-engrossed,14,2222 1. A violation of s. 346.63 or a local ordinance in conformity with that section.
SB214-engrossed,14,2423 2. A violation of a law of a federally recognized American Indian tribe or band
24in this state in conformity with s. 346.63.
SB214-engrossed,15,6
13. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m),
2that prohibits use of a motor vehicle while intoxicated, while under the influence of
3a controlled substance, a controlled substance analog, or a combination thereof, with
4an excess or specified range of alcohol concentration, or while under the influence of
5any drug to a degree that renders the person incapable of safely driving, as those or
6substantially similar terms are used in that jurisdiction's laws.
SB214-engrossed,15,117 (bm) "Handgun" means any weapon designed or redesigned, or made or
8remade, and intended to be fired while held in one hand and to use the energy of an
9explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not
10include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined
11in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).
SB214-engrossed,15,1312 (bq) "Intoxicant" means any alcohol beverage, controlled substance, or other
13drug, or any combination thereof.
SB214-engrossed,15,1414 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
SB214-engrossed,15,1615 (d) "Licensee" means an individual holding a valid license to carry a concealed
16weapon issued under this section.
SB214-engrossed,15,1717 (e) "Misdemeanor crime of violence" means any of the following:
SB214-engrossed,15,1918 1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation
19of s. 947.01.
SB214-engrossed,15,2120 2. A crime under federal law or the law of another state that is comparable to
21a crime described in subd. 1.
SB214-engrossed,15,2322 (eg) "Misdemeanor delinquency adjudication" means a finding that a juvenile
23is delinquent for an act that would be a misdemeanor if committed by an adult.
SB214-engrossed,15,2524 (f) "Out-of-state authorization" means a valid permit document or a valid
25license document issued by another state if all of the following apply:
SB214-engrossed,16,2
11. The permit document or license document documents that a person is
2authorized under the law of that state to carry a concealed weapon in that state.
SB214-engrossed,16,43 2. The state is listed in the rule promulgated by the department of justice under
4s. 165.25 (11) (b).
SB214-engrossed,16,95 (g) "Out-of-state licensee" means an individual who is 21 years of age or over,
6who is not a Wisconsin resident, who has been issued an out-of-state authorization,
7and who is not prohibited from possessing a firearm under s. 941.29 or from
8possessing a firearm that has been transported in interstate or foreign commerce
9under federal law.
SB214-engrossed,16,1010 (h) "Private property" has the meaning given in s. 943.13 (1e) (e).
SB214-engrossed,16,1211 (i) "Proprietor" means a person to whom a Class "B" or "Class B" license or
12permit has been issued under ch. 125.
SB214-engrossed,16,1513 (ig) "Purpose of authorized analysis" means for the purpose of determining or
14obtaining evidence of the presence, quantity, or concentration of any intoxicant in a
15person's blood, breath, or urine.
SB214-engrossed,16,1716 (is) "Test facility" means a test facility or agency prepared to administer tests
17under s. 343.305 (2).
SB214-engrossed,16,1918 (j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (4),
19a tear gas gun, a knife other than a switchblade knife under s. 941.24, or a billy club.
SB214-engrossed,16,24 20(2) Issuance of license. (a) Except as provided in pars. (b) 1. and (c), each
21county, through its sheriff, shall issue licenses to carry a concealed weapon to an
22individual who meets the qualifications specified in sub. (3) and who completes the
23application process specified in sub. (7). A license to carry a concealed weapon issued
24under this section shall meet the requirements specified in sub. (2m).
SB214-engrossed,17,3
1(b) 1. A sheriff may, but is not required to, issue licenses to carry a concealed
2weapon under this section if, before the first day of the 4th month beginning after the
3effective date of this subdivision .... [revisor inserts date], all of the following occur:
SB214-engrossed,17,54 a. The sheriff requests the county board of the sheriff's county to authorize him
5or her to decline to issue licenses to carry a concealed weapon under this section.
SB214-engrossed,17,86 b. After receiving a request from the sheriff under subd. 1. a., the county board
7of the sheriff's county grants the sheriff's request by a two-thirds vote of all the
8members of the board.
SB214-engrossed,17,119 2. At any time the county board of the sheriff's county may rescind the
10authorization it grants under subd. 1. by a two-thirds vote of all members of the
11county board.
SB214-engrossed,17,1512 (c) Any 2 or more sheriffs may by agreement jointly exercise powers granted
13to them and discharge duties imposed on them under this section. An agreement for
14joint issuance of licenses to carry a concealed weapon under this section may be
15entered into at any time and shall satisfy all of the following criteria:
SB214-engrossed,17,1616 1. The agreement shall be in writing.
SB214-engrossed,17,1817 2. The agreement shall be approved by the county board of the county of each
18sheriff who is a party to the agreement.
SB214-engrossed,17,2119 2m. The agreement shall specify how the powers and duties that are the subject
20of the agreement are to be allocated among the sheriffs that are parties to the
21agreement.
SB214-engrossed,17,2422 3. The agreement shall specify how costs incurred and moneys received under
23this section shall be apportioned among the sheriffs who are a party to the agreement
24and their respective counties.
SB214-engrossed,18,2
14. The agreement shall designate one county to be identified as the county of
2issuance.
SB214-engrossed,18,63 5. If a sheriff who is party to an agreement has issued licenses under this
4section before entering into the agreement, the agreement shall provide for the
5renewal of any licenses that were issued by that sheriff before he or she entered into
6the agreement.
SB214-engrossed,18,15 7(2g) Carrying a concealed weapon; carrying and display of license document
8or authorization.
(a) A licensee or an out-of-state licensee may carry a concealed
9weapon anywhere in this state except as provided under sub. (15m) or (16) or s.
10941.20 (1) (b) or 943.13 (1m) (c). This paragraph does not limit the right that a person
11may have under s. 943.13 (1m) (c) to prohibit a licensee or an out-of-state licensee
12from entering or remaining in a building used by a health care facility, as defined in
13s. 150.84 (2), or a clinic or office that is used by a physician licensed under ch. 448
14if the licensee or out-of-state licensee is carrying a concealed weapon. In this
15paragraph, "building" includes a part of a building.
SB214-engrossed,18,1816 (b) A licensee shall carry his or her license document and an out-of-state
17licensee shall carry his or her out-of-state authorization at all times during which
18he or she is going armed with a concealed weapon.
SB214-engrossed,18,2219 (c) If he or she is carrying a concealed weapon, a licensee shall display his or
20her license document and an out-of-state licensee shall display his or her
21out-of-state authorization to a law enforcement officer upon the request of the law
22enforcement officer.
SB214-engrossed,19,2 23(2i) Preliminary breath screening test. (a) Requirement. A person shall
24provide a sample of his or her breath for a preliminary breath screening test if a law
25enforcement officer has probable cause to believe that the person is violating sub.

1(16) (cm) 1. and if, prior to an arrest, the law enforcement officer requested that the
2person provide this sample.
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