March 5, 2015 - Introduced by Representatives Kleefisch, Milroy, Born, Edming,
Gannon, Horlacher, Jarchow, Knodl, Murphy, Mursau, Murtha, Novak, J.
Ott
, Sinicki and Steffen, cosponsored by Senators Bewley, Gudex and
Wanggaard. Referred to Committee on State Affairs and Government
Operations.
AB77,1,8 1An Act to amend 175.48 (3), 175.49 (2) (a) (intro.), 175.49 (2) (a) 2., 175.49 (2)
2(b) 1., 175.49 (2) (b) 2., 175.49 (2) (b) 3. a., 175.49 (2) (b) 5., 175.49 (3) (title), (a)
3(intro.), 1., 2. and 4., (b) and (c), 175.49 (5) and 941.23 (3) (b) 2. a.; and to create
4175.49 (1) (em) and 175.49 (1) (i) of the statutes; relating to: certification cards
5to carry concealed weapons for residents of Wisconsin who formerly were
6employed as law enforcement officers in another state and successor law
7enforcement agencies to assume responsibility of issuing certification cards to
8carry concealed weapons to former officers.
Analysis by the Legislative Reference Bureau
Current law generally prohibits a person from going armed with a concealed
and dangerous weapon. This prohibition has many exceptions, including an
exception for a former law enforcement officer who has one of the following: 1) a
photographic identification issued by the law enforcement agency that formerly
employed him or her that indicates that, within the previous 12 months, that agency
found him or her to meet the firearms training standards the law enforcement
agency sets for active law enforcement officers to carry the type of firearm the former
officer is carrying; or 2) both a photographic identification issued by the law
enforcement agency that formerly employed the officer and a certification card

issued in Wisconsin, if the former officer resides in Wisconsin, or a certification card
issued by the state in which the former officer resides. The certification card must
indicate that, within the previous 12 months, the former officer's state of residence,
or a certified firearms instructor if such an instructor may conduct a firearms
qualification test for active law enforcement officers in that state, has found the
former officer to meet the firearms training standards for active law enforcement
officers to carry the type of firearm he or she is carrying.
Current law permits a qualified former law enforcement officer who was
employed by a state or local Wisconsin law enforcement agency to receive a
certification card from the law enforcement agency that employed him or her. This
bill specifically allows a qualified law enforcement officer to receive a certification
card from another law enforcement agency if that other law enforcement agency
assumes the responsibilities and duties of the law enforcement agency that employed
him or her.
Current law permits the Department of Justice (DOJ) to issue a certification
card to a qualified former federal law enforcement officer who resides in Wisconsin.
This bill permits DOJ to issue a certification card also to a qualified former law
enforcement officer who was employed by a state or local law enforcement agency in
another state but who resides in Wisconsin.
For further information see the state 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:
AB77,1 1Section 1. 175.48 (3) of the statutes is amended to read:
AB77,2,62 175.48 (3) Unless sub. (2) (a), (b), (c), or (d) applies, if a Wisconsin law
3enforcement agency does not issue photographic identification cards to its officers,
4it the law enforcement agency, or its successor agency, as defined in s. 175.49 (1) (i),
5shall issue such a card to an officer who separates from service with that the law
6enforcement
agency upon the separating officer's request and at his or her expense.
AB77,2 7Section 2. 175.49 (1) (em) of the statutes is created to read:
AB77,2,108 175.49 (1) (em) "Former out-of-state law enforcement officer" means a person
9who separated from service as a law enforcement officer at a state or local law
10enforcement agency in a state other than Wisconsin and who resides in Wisconsin.
AB77,3 11Section 3. 175.49 (1) (i) of the statutes is created to read:
AB77,3,2
1175.49 (1) (i) "Successor agency" means a law enforcement agency that
2assumes the responsibilities and duties of another law enforcement agency.
AB77,4 3Section 4. 175.49 (2) (a) (intro.) of the statutes is amended to read:
AB77,3,84 175.49 (2) (a) (intro.) Upon the request of a former law enforcement officer and
5at the expense of the former law enforcement officer, a law enforcement agency that
6employed the former law enforcement officer, or its successor agency, shall, except
7as provided in par. (b), issue the former law enforcement officer a certification card
8as described in sub. (4) stating all of the following:
AB77,5 9Section 5. 175.49 (2) (a) 2. of the statutes is amended to read:
AB77,3,1610 175.49 (2) (a) 2. The former law enforcement officer has been found by the state,
11or by a certified firearms instructor if such an instructor is qualified to conduct a
12firearms qualification test for active law enforcement officers in the state, to meet the
13standards for qualification in firearms training for active law enforcement officers
14to carry a firearm of the type under subd. 1., that are established by the state or, if
15the state does not establish standards, by the law enforcement agency from which
16the former law enforcement officer separated or its successor agency.
AB77,6 17Section 6. 175.49 (2) (b) 1. of the statutes is amended to read:
AB77,3,2018 175.49 (2) (b) 1. The former law enforcement officer separated from service as
19a law enforcement officer with the law enforcement agency that employed him or her
20in good standing.
AB77,7 21Section 7. 175.49 (2) (b) 2. of the statutes is amended to read:
AB77,4,222 175.49 (2) (b) 2. The former law enforcement officer served as a law
23enforcement officer for an aggregate of at least 10 years or the former law
24enforcement officer separated from law enforcement service due to a
25service-connected disability, as determined by the law enforcement agency from

1which he or she separated from service
, after completing any applicable probationary
2period.
AB77,8 3Section 8. 175.49 (2) (b) 3. a. of the statutes is amended to read:
AB77,4,74 175.49 (2) (b) 3. a. A qualified medical professional employed by the law
5enforcement agency from which the former law enforcement officer separated from
6service
has not found the former law enforcement officer to be unqualified to be a law
7enforcement officer for reasons related to the former officer's mental health.
AB77,9 8Section 9. 175.49 (2) (b) 5. of the statutes is amended to read:
AB77,4,169 175.49 (2) (b) 5. The former law enforcement officer has, during the previous
1012 months at his or her own expense, been found by the state, or by a certified
11firearms instructor if such an instructor is qualified to conduct a firearms
12qualification test for active law enforcement officers in the state, to meet the
13standards for qualification in firearms training for active law enforcement officers
14to carry a firearm of the type under par. (a) 1., that are established by the state or,
15if the state does not establish standards, by the law enforcement agency from which
16the former law enforcement officer separated or its successor agency.
AB77,10 17Section 10. 175.49 (3) (title), (a) (intro.), 1., 2. and 4., (b) and (c) of the statutes
18are amended to read:
AB77,4,2519 175.49 (3) (title) Certification of former federal and out-of-state law
20enforcement officers.
(a) (intro.) Upon the request of a former federal law
21enforcement officer or a former out-of-state law enforcement officer and at the
22expense of the former federal that law enforcement officer, the department may,
23except as provided in par. (b), issue the former federal law enforcement officer or
24former out-of-state law enforcement officer
a certification card as described in sub.
25(4) stating all of the following:
AB77,5,4
11. The type of firearm the former federal law enforcement officer or former
2out-of-state law enforcement officer
is certified to carry, but no former federal law
3enforcement officer or former out-of-state law enforcement officer may be certified
4to carry a machine gun, a firearm silencer, or a destructive device.
AB77,5,115 2. The former federal law enforcement officer or former out-of-state law
6enforcement officer
has been found by the state, or by a certified firearms instructor
7if such an instructor is qualified to conduct a firearms qualification test for active law
8enforcement officers in the state, to meet the standards for qualification in firearms
9training for active law enforcement officers to carry a firearm of the type under subd.
101., that are established by the state or, if the state does not establish standards, by
11any law enforcement agency in the state.
AB77,5,1412 4. That, due to the finding under subd. 2., the former federal law enforcement
13officer or former out-of-state law enforcement officer is qualified to carry a concealed
14firearm of the type under subd. 1.
AB77,5,1715 (b) The department may not issue the a former federal law enforcement officer
16or former out-of-state law enforcement officer a certification card under par. (a)
17unless the department first verifies all of the following:
AB77,5,2018 1. The former federal law enforcement officer or former out-of-state law
19enforcement officer
separated from service as a law enforcement officer with the law
20enforcement agency in good standing.
AB77,6,221 2. The former federal law enforcement officer or former out-of-state law
22enforcement officer
served as a law enforcement officer for an aggregate of at least
2310 years or the former federal law enforcement officer or former out-of-state law
24enforcement officer
separated from law enforcement service due to a
25service-connected disability, as determined by the law enforcement agency from

1which the former federal law enforcement officer separated, after completing any
2applicable probationary period.
AB77,6,73 3. a. A qualified medical professional employed by the law enforcement agency
4from which the former federal law enforcement officer or former out-of-state law
5enforcement officer
separated has not found the former federal law enforcement
6officer to be unqualified to be a law enforcement officer for reasons related to the
7former officer's mental health.
AB77,6,128 b. The former federal law enforcement officer or former out-of-state law
9enforcement officer
has not entered into an agreement with the law enforcement
10agency from which he or she separated from service in which the former officer
11acknowledges that he or she is not qualified to be a law enforcement officer for
12reasons related to his or her mental health.
AB77,6,1613 4. The former federal law enforcement officer or former out-of-state law
14enforcement officer
is not prohibited under federal law from possessing a firearm as
15indicated by a search of the transaction information for management of enforcement
16system and the national criminal background check system.
AB77,6,2417 5. The former federal law enforcement officer or former out-of-state law
18enforcement officer
has, during the previous 12 months at his or her own expense,
19been found by the state, or by a certified firearms instructor if such an instructor is
20qualified to conduct a firearms qualification test for active law enforcement officers
21in the state, to meet the standards for qualification in firearms training for active law
22enforcement officers to carry a firearm of the type under par. (a) 1., that are
23established by the state or, if the state does not establish standards, by any law
24enforcement agency in the state.
AB77,7,4
1(c) If, under par. (a), the department issues a former federal law enforcement
2officer or former out-of-state law enforcement officer a certification card, the
3department shall add the former federal law enforcement officer's information to the
4list the department maintains under s. 175.60 (12) (a).
AB77,11 5Section 11. 175.49 (5) of the statutes is amended to read:
AB77,7,176 175.49 (5) Renewal of certification cards. A person who holds a current
7certification card issued under sub. (2) or (3) may renew the certification card by
8requesting the law enforcement agency or its successor agency, if the card was issued
9under sub. (2),
or the department, whichever issued the current certification card if
10the card was issued under sub. (3)
, to renew the certification card at the expense of
11the person holding the card, if, before the date the certification card expires, the law
12enforcement agency verifies sub. (2) (b) 4. and 5. if the certification card holder is a
13former law enforcement officer, or the department verifies sub. (3) (b) 4. and 5. if the
14certification card holder is a former federal law enforcement officer or former
15out-of-state law enforcement officer
, and the certification card holder provides any
16information necessary for the verification. The renewal shall state the date on which
17verification was made and an expiration date that is 12 months later than that date.
AB77,12 18Section 12. 941.23 (3) (b) 2. a. of the statutes is amended to read:
AB77,7,2019 941.23 (3) (b) 2. a. A certification card issued under s. 175.49 (2) or (3), if the
20former officer resides in this state.
AB77,7,2121 (End)
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