SB403,14,2420 51.30 (3) (a) Except as provided in pars. (b) and (c) and s. 175.50 (11) (d) 2. g.
21and 3. and under rules that the department of justice promulgates under s. 175.35
22(2g) (c) 3. or 175.50 (9g) (f)
, the files and records of the court proceedings under this
23chapter shall be closed but shall be accessible to any individual who is the subject of
24a petition filed under this chapter.
SB403, s. 24 25Section 24. 55.06 (17) (d) of the statutes is created to read:
SB403,15,3
155.06 (17) (d) Notwithstanding par. (a), information from records described in
2par. (a) may be disclosed under rules that the department of justice promulgates
3under s. 175.35 (2g) (c) 3. or 175.50 (9g) (f).
SB403, s. 25 4Section 25. 59.25 (3) (u) of the statutes is created to read:
SB403,15,65 59.25 (3) (u) 1. Establish a segregated fund, the proceeds of which may be used
6by the county to award shooting range grants under s. 175.50 (20m).
SB403,15,87 2. Deposit into the segregated fund created under subd. 1. all moneys received
8under s. 175.50 (7) (bp) or (15) (b) 4. c.
SB403,15,109 3. Make payments from the fund established under subd. 1. as directed by the
10county.
SB403, s. 26 11Section 26. 165.25 (11) of the statutes is created to read:
SB403,15,1512 165.25 (11) List of concealed-carry license approved states. Determine
13which states issue permits or licenses to carry a concealed weapon to persons who
14pass criminal background checks in those states and promulgate by rule a list of
15those states.
SB403, s. 27 16Section 27. 165.82 (1) (intro.) of the statutes is amended to read:
SB403,15,2017 165.82 (1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall
18impose the following fees, plus any surcharge required under sub. (1m), for criminal
19history searches for purposes unrelated to criminal justice or to s. 175.35, 175.49, or
20175.50
:
SB403, s. 28 21Section 28. 165.82 (2) of the statutes is amended to read:
SB403,15,2322 165.82 (2) Except as provided in s. 175.35, the The department of justice shall
23not impose fees for criminal history searches for purposes related to criminal justice.
SB403, s. 29 24Section 29. 167.31 (4) (ar) of the statutes is created to read:
SB403,16,3
1167.31 (4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply
2to the placement, possession, transportation, or loading of a firearm by any of the
3following:
SB403,16,54 1. A person who is employed in this state by a public agency as a law
5enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
SB403,16,76 2. A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1)
7(e), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB403,16,98 3. A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s.
9941.23 (2) (c) 1. to 7. applies.
SB403,16,1110 4. A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as
11defined in s. 175.50 (1) (g), if the firearm is handgun, as defined in s. 175.50 (1) (bm).
SB403, s. 30 12Section 30. 175.35 (1) (am) of the statutes is created to read:
SB403,16,1713 175.35 (1) (am) "Disqualifying mental health adjudication" means one of the
14following events if it occurs in a proceeding that was not commenced by the person
15who is the subject of the proceeding and if it is based on the person having markedly
16subnormal intelligence or the person's mental illness, incompetency, condition, or
17disease:
SB403,16,1918 1. An order entered by a court in this state that commits a person for treatment
19in an inpatient mental health facility.
SB403,16,2220 2. A determination by a court in this state that a person is a danger to himself
21or herself or others under s. 51.20 (1) (a) 2. or lacks the mental capacity to contract
22or manage his or her own affairs.
SB403, s. 31 23Section 31. 175.35 (1) (at) of the statutes is amended to read:
SB403,17,1124 175.35 (1) (at) "Firearms restrictions record search" means a search of
25department of justice records to determine whether a person seeking to purchase a

1handgun is prohibited from possessing a firearm under s. 941.29 or based on a
2disqualifying mental health adjudication
. "Firearms restriction record search"
3includes a criminal history record search, a search to determine whether a person is
4prohibited from possessing a firearm under s. 51.20 (13) (cv), a search to determine
5whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal
6injunction, as defined in s. 813.12 (1) (e), issued by a court established by any
7federally recognized Wisconsin Indian tribe or band, except the Menominee Indian
8tribe of Wisconsin, that includes notice to the respondent that he or she is subject to
9the requirements and penalties under s. 941.29 and that has been filed with the
10circuit court under s. 806.247 (3), and a search to determine whether the person is
11prohibited from possessing a firearm under s. 813.125 (4m).
SB403, s. 32 12Section 32. 175.35 (2) (d) of the statutes is amended to read:
SB403,17,1813 175.35 (2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c.,
14have elapsed from the time that the firearms dealer has received a confirmation
15number regarding the firearms restrictions record search under sub. (2g) (c) from the
16department of justice and the firearms dealer has not been notified that the transfer
17would be in violation of s. 941.29 or that the transferee would be prohibited from
18possessing a firearm based on a disqualifying mental health adjudication
.
SB403, s. 33 19Section 33. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:
SB403,17,2420 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from
21possessing a firearm under s. 941.29 or based on a disqualifying mental health
22adjudication
, the department shall provide the firearms dealer with a unique
23nonapproval number. The department may not disclose to the firearms dealer the
24reason the transferee is prohibited from possessing a firearm under s. 941.29.
SB403,18,3
1b. If the search indicates that the transferee is not prohibited from possessing
2a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the
3department shall provide the firearms dealer with a unique approval number.
SB403, s. 34 4Section 34. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB403,18,125 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub.
6(2j) against the information recorded by the department regarding the corresponding
7request for a firearms restrictions record search under sub. (2g). If the department
8previously provided a unique approval number regarding the request and nothing
9in the duplicate completed notification form indicates that the transferee is
10prohibited from possessing a firearm under s. 941.29 or based on a disqualifying
11mental health adjudication
, the department shall destroy all records regarding that
12firearms restrictions record search within 30 days after receiving the duplicate form.
SB403, s. 35 13Section 35. 175.48 of the statutes is created to read:
SB403,18,17 14175.48 Law enforcement officer identification cards. If a Wisconsin law
15enforcement agency, as defined in s. 175.46 (1) (f), issues photographic identification
16cards to its officers, it may not require an officer to relinquish his or her card upon
17retirement unless one of the following applies:
SB403,18,18 18(1) The officer may not lawfully possess a firearm under federal law.
SB403,18,20 19(2) The officer did not retire in good standing from service as a law enforcement
20officer with the agency or retired as a result of mental instability.
SB403,18,25 21(3) The officer was regularly employed as a law enforcement officer for an
22aggregate of less than 15 years. This subsection does not apply if the officer, after
23completing any applicable probationary period of service with the agency, retired
24from service with the agency due to a service-connected disability, as determined by
25the agency.
SB403,19,2
1(4) The officer does not have a nonforfeitable right to benefits under the
2agency's retirement plan.
SB403, s. 36 3Section 36. 175.49 of the statutes is created to read:
SB403,19,5 4175.49 Retired law enforcement officers seeking to carry concealed
5weapons.
(1) Definitions. In this section:
SB403,19,66 (a) "Department" means the department of justice.
SB403,19,87 (b) "Former employer" means a law enforcement agency that employed a
8retired law enforcement officer immediately before his or her retirement.
SB403,19,139 (c) "Law enforcement officer" means a person who is employed by a public
10agency in the United States for the purpose of engaging in, or supervising others
11engaging in, the prevention, detection, investigation, or prosecution of, or the
12incarceration of any person for, any violation of law and who has statutory powers
13of arrest.
SB403,19,17 14(2) Issuance of certification. Subject to sub. (3), the department shall issue
15and provide a retired law enforcement officer, upon request and at his or her own
16expense, an identification card that contains the information specified in sub. (4) (b)
17and that certifies all of the following:
SB403,19,2018 (a) That the department has found that the retired officer has met the
19standards established by this state for training and qualification for active duty law
20enforcement officers to carry firearms.
SB403,19,2121 (b) The date on which the department made the finding under par. (a).
SB403,19,2422 (c) That, as a result of the finding under par. (a), the retired officer is qualified
23to carry any concealed firearm other than a machine gun or a firearm bearing a
24silencer.
SB403,20,3
1(3) Prerequisites for department action. (a) Subsection (2) does not apply
2with respect to a person requesting an identification card unless all of the following
3apply:
SB403,20,54 1. The person retired in good standing from service as a law enforcement officer
5for reasons other than mental instability.
SB403,20,66 2. At least one of the following applies:
SB403,20,87 a. Before retiring, the person was regularly employed as a law enforcement
8officer for an aggregate of 15 years or more.
SB403,20,119 b. The person completed any applicable probationary period of service with his
10or her former employer and retired from service due to a service-connected disability,
11as determined his or her former employer.
SB403,20,1312 3. The person has a nonforfeitable right to benefits under his or her former
13employer's retirement plan.
SB403,20,1614 4. The department determines that its records do not indicate that the person
15is prohibited from possessing a firearm under federal law or is a person specified in
16s. 941.29 (1) (a), (b), (bm), (c), (d), (e), or (g).
SB403,20,1717 5. The person is a resident of this state.
SB403,20,2018 (b) The department may require a person to sign appropriate consents for
19release of information to enable it to confirm that he or she meets all of the
20prerequisites under this subsection for the department to act under sub. (2).
SB403,20,2421 (c) In addition to other fees authorized under sub. (2), the department may
22require a person to pay a fee, not to exceed the department's costs, for verifying his
23or her employment history or retirement plan status under par. (a) 1. to 3. or making
24a determination under par. (a) 4.
SB403,21,5
1(4) Contents of identification card. (a) Subject to pars. (b), (c), and (d), the
2department shall design a single document for identification cards issued under this
3section. The department shall complete the design of the identification card
4document no later than the first day of the 2nd month beginning after the effective
5date of this paragraph .... [revisor inserts date].
SB403,21,76 (b) In addition to the information certified under sub. (2), an identification card
7issued under this section shall contain all of the following on one side:
SB403,21,88 1. The full name, date of birth, and residence address of the retired officer.
SB403,21,109 2. A physical description of the retired officer, including sex, height, weight, and
10hair and eye color.
SB403,21,1111 3. The name of this state.
SB403,21,1312 (c) An identification card may not contain the retired officer's social security
13number.
SB403,21,1714 (d) An identification card issued under this section shall be, to the maximum
15extent possible, tamper proof. The contents of the identification card shall be
16included in the document in substantially the same way that the contents of an
17operator's license document issued under s. 343.17 are included in that document.
SB403, s. 37 18Section 37. 175.50 of the statutes is created to read:
SB403,21,20 19175.50 License to carry a concealed weapon. (1) Definitions. In this
20section:
SB403,21,2121 (ab) "Alcohol beverages" has the meaning given in s. 125.02 (1).
SB403,21,2222 (abm) "Alcohol concentration" has the meaning given in s. 340.01 (1v).
SB403,21,2523 (ac) "Background check" means a search of department and court records
24conducted under sub. (9g) to determine a person's eligibility for a license to carry a
25concealed weapon.
SB403,22,1
1(ag) Except in subs. (2g) (b) and (11) (c) 1. b., "carry" means to go armed with.
SB403,22,32 (ah) "Controlled substance" means a controlled substance, as defined in s.
3961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).
SB403,22,44 (aj) "Department" means the department of justice.
SB403,22,55 (am) "Drunk driving offense" means any of the following:
SB403,22,66 1. A violation of s. 346.63 or a local ordinance in conformity with that section.
SB403,22,87 2. A violation of a law of a federally recognized American Indian tribe or band
8in this state in conformity with s. 346.63.
SB403,22,149 3. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m),
10that prohibits use of a motor vehicle while intoxicated, while under the influence of
11a controlled substance, a controlled substance analog, or a combination thereof, with
12an excess or specified range of alcohol concentration, or while under the influence of
13any drug to a degree that renders the person incapable of safely driving, as those or
14substantially similar terms are used in that jurisdiction's laws.
SB403,22,1915 (bm) "Handgun" means any weapon designed or redesigned, or made or
16remade, and intended to be fired while held in one hand and to use the energy of an
17explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not
18include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined
19in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).
SB403,22,2120 (bq) "Intoxicant" means any alcohol beverage, controlled substance, or other
21drug, or any combination thereof.
SB403,22,2222 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
SB403,22,2423 (d) "Licensee" means an individual holding a valid license to carry a concealed
24weapon issued under this section.
SB403,22,2525 (e) "Misdemeanor crime of violence" means any of the following:
SB403,23,2
11. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation
2of s. 947.01 or of sub. (2k) (e) or (16) (cm).
SB403,23,43 2. A crime under federal law or the law of another state that is comparable to
4a crime described in subd. 1.
SB403,23,65 (eg) "Misdemeanor delinquency adjudication" means a finding that a juvenile
6is delinquent for an act that would be a misdemeanor if committed by an adult.
SB403,23,87 (f) "Out-of-state authorization" means a valid permit document or a valid
8license document issued by another state if all of the following apply:
SB403,23,109 1. The permit document or license document documents that a person is
10authorized under the law of that state to carry a concealed weapon in that state.
SB403,23,1211 2. The state is listed in the rule promulgated by the department under s. 165.25
12(11).
SB403,23,1713 (g) "Out-of-state licensee" means an individual who is 21 years of age or over,
14who is not a Wisconsin resident, who has been issued an out-of-state authorization,
15and who is not prohibited from possessing a firearm under s. 941.29 or from
16possessing a firearm that has been transported in interstate or foreign commerce
17under federal law.
SB403,23,1918 (gm) "Photo identification card" means an operator's license issued under ch.
19343 or an identification card issued under s. 343.50.
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