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:
AB877, s. 1 1Section 1. 23.33 (3) (e) of the statutes is renumbered 23.33 (3) (e) (intro.) and
2amended to read:
AB877,4,63 23.33 (3) (e) (intro.) With any firearm in his or her possession unless it is
4unloaded and enclosed in a carrying case, or any bow unless it is unstrung or enclosed
5in a carrying case. The prohibition against a firearm does not apply to any of the
6following:
AB877, s. 2 7Section 2. 23.33 (3) (e) 1., 2., 3. and 4. of the statutes are created to read:
AB877,4,98 23.33 (3) (e) 1. A law enforcement officer, as defined in s. 175.48 (1) (c), to whom
9s. 941.23 (2) (b) applies.
AB877,4,1210 2. A retired officer, as defined in s. 175.48 (1) (e), who is carrying a current
11certification card issued under s. 175.48 (2) (a) or renewed under s. 175.48 (5) and
12to whom s. 941.23 (2) (c) applies.
AB877,5,3
13. A retired federal officer, as defined in s. 175.48 (1) (d), who is carrying a
2current certification card issued under s. 175.48 (3) (a) or renewed under s. 175.48
3(5) and to whom s. 941.23 (2) (d) applies.
AB877,5,54 4. A retired nonresident law enforcement officer, as defined in s. 941.23 (1) (h),
5to whom s. 941.23 (2) (e) applies.
AB877, s. 3 6Section 3. 167.31 (4) (ar) of the statutes is created to read:
AB877,5,87 167.31 (4) (ar) Subsections (2) (a) and (b) and (3) (a) and (b) do not apply to the
8placement, possession, or transportation of a firearm by any of the following:
AB877,5,109 1. A law enforcement officer, as defined in s. 175.48 (1) (c), to whom s. 941.23
10(2) (b) applies.
AB877,5,1311 2. A retired officer, as defined in s. 175.48 (1) (e), who is carrying a current
12certification card issued under s. 175.48 (2) (a) or renewed under s. 175.48 (5) and
13to whom s. 941.23 (2) (c) applies.
AB877,5,1614 3. A retired federal officer, as defined in s. 175.48 (1) (d), who is carrying a
15current certification card issued under s. 175.48 (3) (a) or renewed under s. 175.48
16(5) and to whom s. 941.23 (2) (d) applies.
AB877,5,1817 4. A retired nonresident law enforcement officer, as defined in s. 941.23 (1) (h),
18to whom s. 941.23 (2) (e) applies.
AB877, s. 4 19Section 4. 175.48 of the statutes is created to read:
AB877,5,21 20175.48 Carrying of concealed weapons by retired law enforcement
21officers.
(1) Definitions. In this section:
AB877,5,2222 (a) "Department" means the department of justice.
AB877,6,223 (b) "Law enforcement agency" means an agency that consists of one or more
24persons employed by the federal government, a state, or a political subdivision of a
25state, the U.S. armed forces, or the national guard, that has as its purposes the

1prevention and detection of crime and the enforcement of laws or ordinances, and
2that is authorized to make arrests for crimes.
AB877,6,63 (c) "Law enforcement officer" means a person who is employed by a law
4enforcement agency for the purpose of engaging in, or supervising others engaging
5in, the prevention, detection, investigation, or prosecution of, or the incarceration of
6any person for, any violation of law and who has statutory powers of arrest.
AB877,6,97 (d) "Retired federal officer" means a retired law enforcement officer who was
8a law enforcement officer employed by a federal law enforcement agency and who
9resides in Wisconsin.
AB877,6,1110 (e) "Retired officer" means a law enforcement officer who retired from a state
11or local law enforcement agency in Wisconsin.
AB877,6,15 12(2) Certification of retired officers. (a) Upon the request of a retired officer,
13the law enforcement agency that employed the retired officer may, except as provided
14in par. (b), issue the retired officer a certification card as described in sub. (4) stating
15all of the following:
AB877,6,1716 1. The type of firearm the retired officer is certified to carry, but no retired
17officer may be certified to carry a prohibited firearm, as defined in s. 941.23 (1) (f).
AB877,6,2118 2. The retired officer has met either the state's standards for training and
19qualification for law enforcement officers to carry firearms, or, if no state standards
20exist, the law enforcement agency's standards for training and qualification for law
21enforcement officers to carry a firearm of the type under subd. 1.
AB877,6,2322 3. The date on which the finding under subd. 2. was made and an expiration
23date that is 12 months later than that date.
AB877,6,2524 4. That, due to the finding under subd. 2., the retired officer is qualified to carry
25a concealed firearm of the type under subd. 1.
AB877,7,3
1(b) The law enforcement agency may not issue the retired officer a certification
2card under par. (a) unless the law enforcement agency first verifies all of the
3following:
AB877,7,54 1. At the time he or she retired, the retired officer was employed as a law
5enforcement officer.
AB877,7,76 2. The retired officer retired in good standing from service as a law enforcement
7officer for reasons other than mental instability.
AB877,7,128 3. The retired officer was regularly employed as a law enforcement officer for
9at least the number of years of service specified in 18 USC 926C (c) (3) (A) or the
10retired officer retired from law enforcement service due to a service-connected
11disability, as determined by the retired officer's employer, after completing any
12applicable probationary period.
AB877,7,1413 4. The retired officer has a nonforfeitable right to benefits under the retirement
14plan of the law enforcement agency from which he or she retired.
AB877,7,1715 5. The retired officer is not prohibited under federal law from possessing a
16firearm as indicated by a search of the transaction information for management of
17enforcement system and the national crime information center system.
AB877,7,2218 6. The retired officer has, during the previous 12 months, met, at his or her own
19expense, either the state's standards for training and qualification for law
20enforcement officers to carry firearms or, if no state standards exist, the law
21enforcement agency's standards for training and qualification for law enforcement
22officers to carry the firearm of the type under par. (a) 1.
AB877,7,25 23(3) Certification of retired federal officers. (a) Upon the request of a retired
24federal officer, the department may, except as provided in par. (b), issue the retired
25federal officer a certification card as described in sub. (4) stating all of the following:
AB877,8,3
11. The type of firearm the retired federal officer is certified to carry, but no
2retired federal officer may be certified to carry a prohibited firearm, as defined in s.
3941.23 (1) (f).
AB877,8,84 2. The retired federal officer has met either the state's standards for training
5and qualification for law enforcement officers to carry firearms or, if no state
6standards exist, the standards of the department's division of criminal investigation
7for training and qualification for law enforcement officers to carry a firearm of the
8type under subd. 1.
AB877,8,109 3. The date on which the finding under subd. 2. was made and an expiration
10date that is 12 months later than that date.
AB877,8,1211 4. That, due to the finding under subd. 2., the retired federal officer is qualified
12to carry a concealed firearm of the type under subd. 1.
AB877,8,1413 (b) The department may not issue the retired federal officer a certification card
14under par. (a) unless the department first verifies all of the following:
AB877,8,1615 1. At the time he or she retired, the retired federal officer was employed as a
16law enforcement officer.
AB877,8,1817 2. The retired federal officer retired in good standing from service as a law
18enforcement officer for reasons other than mental instability.
AB877,8,2319 3. The retired federal officer was regularly employed as a law enforcement
20officer for at least the number of years specified in 18 USC 926C (c) (3) (A) or the
21retired federal officer retired from law enforcement service due to a
22service-connected disability, as determined by the retired federal officer's employer,
23after completing any applicable probationary period.
AB877,8,2524 4. The retired federal officer has a nonforfeitable right to benefits under the
25retirement plan of the law enforcement agency from which he or she retired.
AB877,9,4
15. The retired federal officer is not prohibited under federal law from
2possessing a firearm as indicated by a search of the transaction information for
3management of enforcement system and the national crime information center
4system.
AB877,9,95 6. The retired federal officer has, during the previous 12 months, met, at his
6or her own expense, either the state's standards for training and qualification for law
7enforcement officers to carry firearms or, if no state standards exist, the standards
8of the department's division of criminal investigation for training and qualification
9for law enforcement officers to carry the firearm of the type under par. (a) 1.
AB877,9,12 10(4) Certification cards. (a) 1. Subject to pars. (b), (c), and (d) and sub. (3) (a),
11the department shall design a certification card to be issued by the department under
12sub. (3) (a).
AB877,9,1513 2. Subject to pars. (b), (c), and (d) and sub. (2) (a), upon a request under sub.
14(2), each law enforcement agency shall design a certification card to be issued by the
15law enforcement agency under sub. (2) (a).
AB877,9,1616 (b) A certification card shall contain all of the following on one side:
AB877,9,1817 1. The full name, date of birth, and residence address of the person who holds
18the certification card.
AB877,9,2019 2. A photograph of the certification card holder and a physical description that
20includes sex, height, weight, and hair and eye color.
AB877,9,2121 3. The name of this state.
AB877,9,2522 (c) A certification card shall include a statement that the certification card does
23not confer any law enforcement authority on the certification card holder and does
24not make the certification card holder an employee or agent of the certifying agency
25or department.
AB877,10,2
1(d) A certification card may not contain the certification card holder's social
2security number.
AB877,10,12 3(5) Renewal of certification cards. A person who holds a current certification
4card issued under sub. (3) or (4) may renew the certification card by requesting the
5department or the law enforcement agency, whichever issued the current
6certification card, to renew the certification card, if, before the date the certification
7card expires, the law enforcement agency verifies sub. (2) (b) 5. and 6., if the
8certification card holder is a retired officer, or the department verifies sub. (3) (b) 5.
9and 6., if the certification card holder is a retired federal officer, and the certification
10card holder provides any information necessary for the verification. The renewal
11shall state the date on which verification was made and an expiration date that is
1212 months later than that date.
AB877,10,15 13(7) Immunity. (a) When acting in good faith under this section, the department
14and its employees and a law enforcement agency and its employees are immune from
15civil and criminal liability arising from any act or omission under this section.
AB877,10,1916 (b) When acting in good faith under this section, an entity providing firearms
17training to comply with the requirements under sub. (2) (a) 2., (3) (a) 2., or (5) and
18its employees, are immune from civil and criminal liability arising from any act or
19omission that is related to that training.
AB877, s. 5 20Section 5. 941.23 of the statutes, as affected by 2007 Wisconsin Act 27, is
21renumbered 941.23 (2) (intro.) and amended to read:
AB877,10,2422 941.23 (2) (intro.) Any person except a peace officer other than one of the
23following
who goes armed with a concealed and dangerous weapon is guilty of a Class
24A misdemeanor. Notwithstanding:
AB877,11,3
1(a) A peace officer, but notwithstanding s. 939.22 (22), for purposes of this
2section paragraph, peace officer does not include a commission warden who is not a
3state-certified commission warden.
AB877, s. 6 4Section 6. 941.23 (1) of the statutes is created to read:
AB877,11,55 941.23 (1) In this section:
AB877,11,66 (a) "Firearm silencer" has the meaning given in s. 941.298 (1).
AB877,11,77 (c) "Law enforcement agency" has the meaning given in s. 175.48 (1) (b).
AB877,11,88 (e) "Law enforcement officer" has the meaning given in s. 175.48 (1) (c).
AB877,11,109 (f) "Prohibited firearm" means any item under 18 USC 926B (e) or 18 USC 926C
10(e).
AB877,11,1111 (g) "Retired federal officer" has the meaning given in s. 175.48 (1) (d).
AB877,11,1412 (h) "Retired nonresident law enforcement officer" means a person who, before
13retiring, was employed as a law enforcement officer with a law enforcement agency
14and who does not reside in Wisconsin.
AB877,11,1515 (i) "Retired officer" has the meaning given in s. 175.48 (1) (e).
AB877, s. 7 16Section 7. 941.23 (2) (b), (c), (d) and (e) of the statutes are created to read:
AB877,11,1817 941.23 (2) (b) A law enforcement officer who is carrying a firearm and who is
18employed by a law enforcement agency if all of the following apply:
AB877,11,2019 1. The law enforcement agency that employs him or her has authorized him or
20her to carry a firearm.
AB877,11,2221 2. He or she is carrying the photographic identification issued by the law
22enforcement agency that employs him or her.
AB877,11,2423 3. He or she is not the subject of any disciplinary action by the law enforcement
24agency that employs him or her.
AB877,12,2
14. He or she meets all standards established by the law enforcement agency to
2qualify on a regular basis to use a firearm.
AB877,12,33 5. He or she is not prohibited under federal law from possessing a firearm.
AB877,12,44 6. The firearm is not a prohibited firearm.
AB877,12,55 7. He or she is not under the influence of an intoxicant.
AB877,12,66 (c) A retired officer if all of the following apply:
AB877,12,87 1. He or she is carrying a valid certification card issued under s. 175.48 (2) (a)
8or renewed under s. 175.48 (5).
AB877,12,109 2. The weapon is a firearm and is a type that is listed on the valid certification
10card.
AB877,12,1111 3. A firearm silencer is not attached to the firearm.
AB877,12,1212 4. He or she is not under the influence of an intoxicant.
AB877,12,1313 5. He or she is not prohibited under federal law from possessing a firearm.
AB877,12,1414 (d) A retired federal officer if all of the following apply:
AB877,12,1615 1. He or she is carrying a valid certification card issued under s. 175.48 (3) (a)
16or renewed under s. 175.48 (5).
AB877,12,1817 2. The weapon is a firearm and is a type that is listed on the valid certification
18card.
AB877,12,1919 3. A firearm silencer is not attached to the firearm.
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