AB561: Bill Text

A law enforcement agency may charge a retired officer a fee to cover the costs of issuing either type of ID card. DOJ and other law enforcement agencies may also charge a Wisconsin resident a fee to cover the costs of providing training and determining the person's eligibility.

Finally, the bill requires an active duty or retired law enforcement officer to carry his or her ID card, or ID card and certification, while carrying a concealed firearm. A person who violates this prohibition is subject to a forfeiture (a civil penalty) of not more than $200. (In contrast to the requirements of federal law, the exemption that the bill creates in the state's concealed weapons statute for an active duty or retired law enforcement officer is not dependent on the person carrying his or her ID card, or ID card and certification. The person only needs to have been issued the ID card, or ID card and certification, for the exemption to apply.) In addition, if a retired law enforcement officer has been issued an identification card that authorizes the carrying of a concealed firearm, the retired officer must notify the sheriff for his or her county of residence that he or she has been issued the card. (This requirement does not apply if the retired officer was issued the card by a local law enforcement agency in Wisconsin and resides in the county in which it was issued.) A person who fails to comply with this requirement is subject to a forfeiture of not more than $200.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB561, s. 1 Section 1. 20.455 (2) (gu) of the statutes is created to read:

AB561,5,4 20.455 (2) (gu) Training and identification cards relating to carrying of concealed weapons. All moneys received as fees under s. 175.50 to provide training and identification cards to retired law enforcement officers seeking to carry concealed weapons and to confirm their eligibility to do so.

AB561, s. 2 Section 2. 23.33 (3) (e) of the statutes is renumbered 23.33 (3) (e) (intro.) and amended to read:

AB561,5,9 23.33 (3) (e) (intro.) With any firearm in his or her possession unless it is unloaded and enclosed in a carrying case, or any bow unless it is unstrung or enclosed in a carrying case. This paragraph does not apply to any of the following:

AB561, s. 3 Section 3. 23.33 (3) (e) 1. of the statutes is created to read:

AB561,5,14 23.33 (3) (e) 1. A person who is employed in this state by a public agency as a law enforcement officer, who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce, and to whom s. 941.23 (1) (d) 2. to 5. and (2) (b) 1. to 3. applies.

AB561, s. 4 Section 4. 23.33 (3) (e) 2. of the statutes is created to read:

AB561,5,19 23.33 (3) (e) 2. A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (d), who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce and to whom s. 941.23 (2) (b) 1. to 3. applies.

AB561, s. 5 Section 5. 23.33 (3) (e) 3. of the statutes is created to read:

AB561,5,25 23.33 (3) (e) 3. A retired Wisconsin law enforcement officer, as defined in s. 941.23 (1) (f), or a retired federal or out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce and to whom s. 941.23 (2) (c) 3. a. to f. applies.

AB561, s. 6 Section 6. 23.33 (3) (em) of the statutes is created to read:

AB561,6,2 23.33 (3) (em) With any bow unless it is unstrung or enclosed in a carrying case.

AB561, s. 7 Section 7. 29.091 of the statutes is renumbered 29.091 (1) and amended to read:

AB561,6,12 29.091 (1) No person may hunt or trap within any wildlife refuge established under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words "Wisconsin Wildlife Refuge".

AB561, s. 8 Section 8. 29.091 (2) of the statutes is created to read:

AB561,6,16 29.091 (2) The prohibition in sub. (1), as it relates to the possession or control of a loaded or unencased firearm within a game refuge established under s. 23.09 (2) (b), does not apply to any of the following:

AB561,6,20 (a) A person who is employed in this state by a public agency as a law enforcement officer, who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce, and to whom s. 941.23 (1) (d) 2. to 5. and (2) (b) 1. to 3. applies.

AB561,6,23 (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (d), who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce and to whom s. 941.23 (2) (b) 1. to 3. applies.

AB561,7,2 (c) A retired Wisconsin law enforcement officer, as defined in s. 941.23 (1) (f), or a retired federal or out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce and to whom s. 941.23 (2) (c) 3. a. to f. applies.

AB561, s. 9 Section 9. 29.621 (4) of the statutes is renumbered 29.621 (4) (intro.) and amended to read:

AB561,7,13 29.621 (4) Protection. (intro.) Except as provided in s. 29.091 (1), no owner of a wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or have in his or her possession or under his or her control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. Nothing in this section may prohibit, prevent or interfere with the department in the destruction of injurious animals. This subsection, as it relates to the possession or control of a loaded or unencased firearm, does not apply to any of the following:

AB561, s. 10 Section 10. 29.621 (4) (a) of the statutes is created to read:

AB561,7,18 29.621 (4) (a) A person who is employed in this state by a public agency as a law enforcement officer, who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce, and to whom s. 941.23 (1) (d) 2. to 5. and (2) (b) 1. to 3. applies.

AB561, s. 11 Section 11. 29.621 (4) (b) of the statutes is created to read:

AB561,7,23 29.621 (4) (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (d), who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce and to whom s. 941.23 (2) (b) 1. to 3. applies.

AB561, s. 12 Section 12. 29.621 (4) (c) of the statutes is created to read:

AB561,8,5 29.621 (4) (c) A retired Wisconsin law enforcement officer, as defined in s. 941.23 (1) (f), or a retired federal or out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce and to whom s. 941.23 (2) (c) 3. a. to f. applies.

AB561, s. 13 Section 13. 29.621 (6) of the statutes is created to read:

AB561,8,8 29.621 (6) Injurious animals. Nothing in this section may prohibit, prevent, or interfere with the department in the destruction of injurious animals.

AB561, s. 14 Section 14. 165.82 (1) (intro.) of the statutes is amended to read:

AB561,8,12 165.82 (1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall impose the following fees, plus any surcharge required under sub. (1m), for criminal history searches for purposes unrelated to criminal justice or to s. 175.35 or 175.50:

AB561, s. 15 Section 15. 165.82 (2) of the statutes is amended to read:

AB561,8,15 165.82 (2) Except as provided in s. 175.35, the The department of justice shall not impose fees for criminal history searches for purposes related to criminal justice.

AB561, s. 16 Section 16. 167.31 (4) (ar) of the statutes is created to read:

AB561,8,18 167.31 (4) (ar) Subsections (2) (a) and (b) and (3) (a) and (b) do not apply to the placement, possession, or transportation of a firearm by any of the following:

AB561,8,22 1. A person who is employed in this state by a public agency as a law enforcement officer, who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce, and to whom s. 941.23 (1) (d) 2. to 5. and (2) (b) 1. to 3. applies.

AB561,8,25 2. A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (d), who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce and to whom s. 941.23 (2) (b) 1. to 3. applies.

AB561,9,4 3. A retired Wisconsin law enforcement officer, as defined in s. 941.23 (1) (f), or a retired federal or out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce and to whom s. 941.23 (2) (c) 3. a. to f. applies.

AB561, s. 17 Section 17. 175.50 of the statutes is created to read:

AB561,9,7 175.50 Retired law enforcement officers seeking to carry concealed weapons. (1) Definitions. In this section:

AB561,9,8 (a) "Department" means the department of justice.

AB561,9,12 (b) "Law enforcement officer" means a person who is employed by a public agency for the purpose of engaging in, or supervising others engaging in, the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and who has statutory powers of arrest.

AB561,9,14 (c) "Wisconsin law enforcement agency" has the meaning given in s. 175.46 (1) (f).

AB561,9,17 (2) Law enforcement agency duties. Subject to sub. (3), after a law enforcement officer retires from service with a Wisconsin law enforcement agency, the agency shall do all of the following:

AB561,9,22 (a) Provide the retired officer, upon request and at his or her own expense, opportunities to meet the standards established by the agency for training and qualification that its active duty officers are required to meet as a condition of their carrying firearms. This paragraph applies only if the retired officer is a resident of this state.

AB561,9,24 (b) Issue and provide the retired officer, upon request and at his or her own expense, an identification card that contains his or her photograph and that meets the requirements of sub. (4) if the retired officer is a resident of this state and one of the following applies:

AB561,10,4 1. Within the preceding 12 months, either before or after retiring, the retired officer met the standards described in par. (a).

AB561,10,5 2. The agency does not have any standards of the type described in par. (a).

AB561,10,10 (c) Issue and provide the retired officer, upon request and at his or her own expense, an identification card that contains his or her photograph and that indicates that he or she retired from service from the agency as a law enforcement officer. This paragraph applies only if the retired officer is not a resident of Wisconsin when requesting the issuance of the card.

AB561,10,14 (3) Prerequisites for agency action. (a) Subsection (2) does not apply with respect to a person requesting an opportunity to meet a law enforcement agency's firearms standards under sub. (2) (a) or requesting an identification card from a law enforcement agency under sub. (2) (b) or (c) unless all of the following apply:

AB561,10,16 1. The person retired in good standing from service as a law enforcement officer with the agency for reasons other than mental instability.

AB561,10,17 2. At least one of the following applies:

AB561,10,19 a. Before retiring, the person was regularly employed as a law enforcement officer for an aggregate of 15 years or more.

AB561,10,22 b. The person completed any applicable probationary period of service with the agency and retired from service with the agency due to a service-connected disability, as determined by the agency.

AB561,10,24 3. The person has a nonforfeitable right to benefits under the agency's retirement plan.

AB561,11,8 4. The department determines that its records do not indicate that the person is prohibited from possessing a firearm under federal law or is a person specified in s. 941.29 (1) (a), (b), (bm), (c), (d), (e), or (g). The department shall promulgate rules specifying how Wisconsin law enforcement agencies may request that the department make such a determination with respect to a person formerly employed as a law enforcement officer by that agency. Rules promulgated under this paragraph may require a person who is the subject of a determination under this subdivision to pay a fee to the department to cover the department's costs.

AB561,11,12 (b) A Wisconsin law enforcement agency may require a person to sign appropriate consents for release of information to enable the agency to confirm that he or she meets all of the prerequisites under this subsection for the agency to act under sub. (2).

AB561,11,16 (c) In addition to other fees authorized under sub. (2) (a) and (b), a Wisconsin law enforcement agency may require a person to pay a fee, not to exceed the agency's costs, for verifying his or her employment history or retirement plan status under par. (a).

AB561,11,18 (4) Requirements for identification cards. An identification card issued to a retired officer under sub. (2) shall indicate all of the following:

AB561,11,20 (a) That the agency has found that the retired officer has met the standards described in sub. (2) (a), if any.

AB561,11,21 (b) The date on which the agency made the finding under par. (a).

AB561,11,23 (c) The type of firearm that, as a result of the finding under par. (a), the retired officer may be qualified to carry concealed.

AB561,12,3 (5) Fees. Payments made to the department under sub. (2) or (3) (c) or under rules promulgated under sub. (3) (a) 4. shall be credited to the appropriation under s. 20.455 (2) (gu).

AB561,12,6 (6) Scheduling of training. A Wisconsin law enforcement agency is not required to offer training under sub. (2) (a) other than through regularly scheduled sessions for its active duty law enforcement officers.

AB561, s. 18 Section 18. 440.26 (3m) of the statutes is renumbered 440.26 (3m) (intro.) and amended to read:

AB561,12,13 440.26 (3m) Rules concerning dangerous weapons. (intro.) The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall meet the minimum requirements specified in 15 USC 5902 (b). and shall allow all of the following:

AB561, s. 19 Section 19. 440.26 (3m) (a) of the statutes is created to read:

AB561,12,18 440.26 (3m) (a) A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm that has been shipped or transported in interstate or foreign commerce if s. 941.23 (1) (d) 2. to 5. and (2) (b) 1. to 3. applies.

AB561, s. 20 Section 20. 440.26 (3m) (b) of the statutes is created to read:

AB561,12,23 440.26 (3m) (b) A retired Wisconsin law enforcement officer, as defined in s. 941.23 (1) (f), and a retired federal or out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to carry a concealed firearm that has been shipped or transported in interstate or foreign commerce if s. 941.23 (2) (c) 3. a. to f. applies.

AB561, s. 21 Section 21. 885.235 (1g) (intro.) of the statutes is amended to read:

AB561,13,14 885.235 (1g) (intro.) In any action or proceeding in which it is material to prove that a person was under the influence of an intoxicant or had a prohibited alcohol concentration or a specified alcohol concentration while operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle, on duty time, while operating a motorboat, except a sailboat operating under sail alone, while operating a snowmobile, while operating an all-terrain vehicle, while going armed with a concealed weapon, or while handling a firearm, evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she was under the influence of an intoxicant or had a prohibited alcohol concentration or a specified alcohol concentration if the sample was taken within 3 hours after the event to be proved. The chemical analysis shall be given effect as follows without requiring any expert testimony as to its effect:

AB561, s. 22 Section 22. 941.23 of the statutes is renumbered 941.23 (2) (intro.) and amended to read:

AB561,13,19 941.23 (2) (intro.) Any person except a peace officer other than one of the following who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.:

AB561, s. 23 Section 23. 941.23 (1) of the statutes is created to read:

AB561,13,21 941.23 (1) In this section:

AB561,13,23 (a) "Destructive device" means any of the following but does not include an exempt device:

AB561,14,3 1. A bomb, a grenade, a rocket having a propellant charge of more than 4 ounces, a missile having an explosive or incendiary charge of more than 0.25 ounce, a mine, or any similar device.

AB561,14,8 2. Any type of weapon, other than a shotgun or a shotgun shell that the U.S. department of justice finds is generally recognized as particularly suitable for sporting purposes, that expels, or that may be readily converted to expel, a projectile by the action of an explosive or other propellant and that has a barrel with a bore of more than 0.5 inch in diameter.

AB561,14,11 3. Any combination of parts that is designed for converting, or intended for use in converting, any device into a device described in subd. 1. or 2. and from which a device described in subd. 1. or 2. may be readily assembled.

AB561,14,12 (b) "Exempt device" means any of the following:

AB561,14,13 1. A device that is neither designed nor redesigned for use as a weapon.

AB561,14,15 2. A device that, although originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device.