175.35(2k)(c)2.b.
b. A statement by a division commander or higher authority within the Wisconsin law enforcement agency that he or she has a reasonable suspicion that the person who is the subject of the information request has obtained or is attempting to obtain a handgun.
175.35(2k)(c)2.c.
c. The signature of a division commander or higher authority within the Wisconsin law enforcement agency.
175.35(2k)(d)
(d) Whenever a Wisconsin law enforcement agency makes a request for information under
par. (c), the agency shall report to the subject of the information request the fact that a request has been made and the name of the Wisconsin law enforcement agency that made the request. The agency shall make the report whenever the earliest of the following occurs:
175.35(2k)(d)1.
1. The person who is the subject of the information request under
par. (c) 2. b. is no longer material to the investigation conducted under
par. (c) 2. a.
175.35(2k)(d)3.
3. One year after the date that the Wisconsin law enforcement agency made the request under
par. (c).
175.35(2k)(e)
(e) A Wisconsin law enforcement agency may disclose information that is provided by the department of justice under
par. (c) to another law enforcement agency. If there is a request for information from a requester other than a law enforcement agency, the Wisconsin law enforcement agency shall not disclose information to the requester that is provided by the department of justice under
par. (c). If there is a request by a requester other than a law enforcement agency to copy or inspect any record of the Wisconsin law enforcement agency that contains that information, the agency, acting under
s. 19.36 (6), shall delete any portion of the record that relates to that information before release.
175.35(2k)(f)
(f) A Wisconsin law enforcement agency that is provided access to a record under
par. (c) shall destroy all corresponding information contained in the record when the earliest of the following occurs:
175.35(2k)(f)1.
1. The person who is the subject of the information request under
par. (c) 2. b. is no longer material to the investigation conducted under
par. (c) 2. a.
175.35(2k)(f)3.
3. One year after the date the Wisconsin law enforcement agency made the request under
par. (c).
175.35(2k)(g)
(g) If a search conducted under
sub. (2g) indicates that the transferee is prohibited from possessing a firearm under
s. 941.29, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has attempted to obtain a handgun.
175.35(2k)(h)
(h) If a search conducted under
sub. (2g) indicates a felony charge without a recorded disposition and the attorney general or his or her designee has reasonable grounds to believe the transferee may pose a danger to himself, herself or another, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has obtained or has attempted to obtain a handgun.
175.35(2k)(i)
(i) The department of justice may not charge a fee for any services that the department provides under
pars. (c) to
(j).
175.35(2k)(j)
(j) If a law enforcement agency of a physically adjacent state makes a request under
par. (c), the department shall comply with the request under all of the following circumstances:
175.35(2k)(j)1.
1. The law enforcement agency of the physically adjacent state agrees to comply with all the requirements under this subsection.
175.35(2k)(j)2.
2. The physically adjacent state allows Wisconsin law enforcement agencies similar or greater access to similar information from that physically adjacent state.
175.35(2L)
(2L) The department of justice shall promulgate rules providing for the review of nonapprovals under
sub. (2g) (c) 4. a. Any person who is denied the right to purchase a handgun because the firearms dealer received a nonapproval number under
sub. (2g) (c) 4. a. may request a firearms restrictions record search review under those rules. If the person disagrees with the results of that review, the person may file an appeal under rules promulgated by the department.
175.35(2t)
(2t) This section does not apply to any of the following:
175.35(2t)(a)
(a) Transfers of any handgun classified as an antique by regulations of the U.S. department of the treasury.
175.35(2t)(b)
(b) Transfers of any handgun between firearms dealers or between wholesalers and dealers.
175.35(2t)(c)
(c) Transfers of any handgun to law enforcement or armed services agencies.
175.35(3)
(3) Any person who intentionally violates
sub. (2),
(2e),
(2f) or
(2j) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.
175.35 Cross-reference
Cross Reference: See also ch.
Jus 10, Wis. adm. code.
175.37
175.37
Warning whenever transferring a firearm. 175.37(1)(1) Upon the retail commercial sale or retail commercial transfer of any firearm, the seller or transferor shall provide to the buyer or transferee the following written warning in block letters not less than one-fourth inch in height: "IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A CHILD YOU MAY BE FINED OR IMPRISONED OR BOTH IF THE CHILD IMPROPERLY DISCHARGES, POSSESSES OR EXHIBITS THE FIREARM."
175.37(2)
(2) Any person who violates
sub. (1) may be fined not more than $500 or imprisoned for not more than 30 days or both.
175.37 History
History: 1991 a. 139.
175.38
175.38
Enforcement of video gambling law. 175.38(1)
(1) In this section, "law enforcement officer" has the meaning given in
s. 165.85 (2) (c) but does not include a special agent of the department of revenue.
175.38(3)
(3) No law enforcement officer may investigate violations of or otherwise enforce
s. 945.05 (1m) unless he or she reasonably believes that the video gambling machine involved may be used in connection with a violation of
ch. 945 other than a violation of
s. 945.03 (2m) or
945.04 (2m).
175.38 History
History: 2003 a. 33.
175.40
175.40
Arrests; assistance. 175.40(2)
(2) For purposes of civil and criminal liability, any peace officer may, when in fresh pursuit, follow anywhere in the state and arrest any person for the violation of any law or ordinance the officer is authorized to enforce.
175.40(3)
(3) For purposes of civil and criminal liability, any peace officer outside his or her territorial jurisdiction acting under
sub. (2) is considered to be acting in an official capacity while in fresh pursuit under
sub. (2), making an arrest under
sub. (2) or transporting a person arrested under
sub. (2).
175.40(4)
(4) A peace officer whose boundary is a highway may enforce any law or ordinance that he or she is otherwise authorized to enforce by arrest or issuance of a citation on the entire width of such a highway and on the entire intersection of such a highway and a highway located in an adjacent jurisdiction. This subsection does not extend an officer's jurisdiction outside the boundaries of this state.
175.40(5)(a)(a) For any county having a population of 500,000 or more, if any law enforcement officer has territorial jurisdiction that is wholly or partially within that county and has authority to arrest a person within the officer's territorial jurisdiction, the officer may arrest that person anywhere in the county.
175.40(5)(b)
(b) A law enforcement officer specified in
par. (a) has the additional arrest authority under this subsection only if the officer's law enforcement agency has adopted policies under
par. (d) and the officer complies with those policies.
175.40(5)(c)
(c) A law enforcement agency in the jurisdiction where a person is arrested under
par. (a) is immune from liability for the acts or omissions of any officer of a different law enforcement agency exercising authority under
par. (a).
175.40(5)(d)
(d) In order to allow its officers to exercise authority under
par. (a), a law enforcement agency for a municipality or county must adopt and implement written policies regarding the arrest authority under this subsection, including at least all of the following:
175.40(5)(d)2.
2. Arrests made in another jurisdiction if the crime is observed by a law enforcement officer.
175.40(5)(d)3.
3. Arrests made in another jurisdiction if the crime is not observed by a law enforcement officer.
175.40(5)(d)4.
4. Notification to and cooperation with the law enforcement agency of another jurisdiction regarding investigations conducted and arrests made in the other jurisdiction.
175.40(5)(e)
(e) The authority under this subsection is in addition to any other arrest authority, including authority granted under any charter.
175.40(6)(a)(a) A peace officer outside of his or her territorial jurisdiction may arrest a person or provide aid or assistance anywhere in the state if the criteria under
subds. 1. to
3. are met:
175.40(6)(a)2.
2. The officer is taking action that he or she would be authorized to take under the same circumstances in his or her territorial jurisdiction.
175.40(6)(a)3.
3. The officer is acting to respond to any of the following:
175.40(6)(a)3.a.
a. An emergency situation that poses a significant threat to life or of bodily harm.
175.40(6)(a)3.b.
b. Acts that the officer believes, on reasonable grounds, constitute a felony.
175.40(6)(b)
(b) A peace officer specified in
par. (a) has the additional arrest and other authority under this subsection only if the peace officer's supervisory agency has adopted policies under
par. (d) and the officer complies with those policies.
175.40(6)(c)
(c) For purposes of civil and criminal liability, any peace officer outside of his or her territorial jurisdiction acting under
par. (a) is considered to be acting in an official capacity.
175.40(6)(d)
(d) In order to allow a peace officer to exercise authority under
par. (a), the peace officer's supervisory agency must adopt and implement written policies regarding the arrest and other authority under this subsection, including at least a policy on notification to and cooperation with the law enforcement agency of another jurisdiction regarding arrests made and other actions taken in the other jurisdiction.
175.40(7)(a)1.
1. "Federal law enforcement officer" means a person employed full-time by the federal government who may make an arrest with or without a warrant for a violation of the U.S. Code and who may carry a firearm in the performance of the person's duties.
175.40(7)(b)
(b) A federal law enforcement officer, while engaged in the performance of official duties, may do any of the following anywhere in the state:
175.40(7)(b)1.
1. Make an arrest for a violation of state law or render aid or assistance if the officer has reasonable grounds for believing that a felony has been or is being committed in his or her presence and has reasonable grounds for believing that the person to be arrested has committed the felony.
175.40(7)(b)2.
2. Render assistance to a Wisconsin law enforcement officer in an emergency or at the request of the Wisconsin law enforcement officer.
175.40(7)(c)
(c) A federal law enforcement officer acting under
par. (b) has any immunity from liability or limit on liability to the same extent as a Wisconsin law enforcement officer.
175.40(7)(d)
(d) No federal law enforcement officer, acting solely under the authority under
par. (b), may be considered, for liability purposes, as an employee or agent of this state or any Wisconsin law enforcement agency for his or her actions within this state. The federal law enforcement officer is considered as continuing to be an employee of the agency employing him or her.
175.40(7)(e)
(e) This subsection does not limit any authority to act that a federal law enforcement officer has under federal law.
175.40 Annotation
A motorist, injured while fleeing police was, as matter of law, more negligent than pursuing officer. Brunette v. Employers Mut. Liability Ins. Co.
107 Wis. 2d 361,
320 N.W.2d 43 (Ct. App. 1982).
175.40 Annotation
To determine whether an officer acts in "fresh pursuit" under sub. (2) three criteria are considered: 1) whether officer acted without unnecessary delay; 2) whether pursuit is continuous; and 3) whether the time periods were reasonable. City of Brookfield v. Collar,
148 Wis. 2d 839,
436 N.W.2d 911 (Ct. App. 1989).
175.40 Annotation
Sub. (4) permits enforcement of one municipality's ordinance on the entire width of a boundary highway. City of Brookfield v. Berghauer,
170 Wis. 2d 603,
489 N.W.2d 695 (Ct. App. 1992).
175.40 Annotation
In addition to issuing a citation for an observed violation, an officer, after observing a traffic violation and pursuing the defendant into another jurisdiction where the stop was made, was entitled to question the defendant beyond the purpose for which the stop was made and to issue citations for other violations when additional suspicious factors came to the officer's attention during the stop. State v. Haynes, 2001 WI App 266,
248 Wis. 2d 724,
638 N.W.2d 82.
175.40 Annotation
Suppression is not required when a police officer acts without authority outside his or her jurisdiction. Suppression is not required except when evidence is obtained in violation of a constitutional right or in violation of a statute providing suppression as a remedy. State v. Keith, 2003 WI App 47,
260 Wis. 2d 592,
659 N.W.2d 403,
02-0583.
175.40 Annotation
Municipal Police Officers Right to Stop and Arrest in Foreign Jurisdictions. Kershek. Wis. Law. Dec. 1992.
175.46
175.46
Mutual aid agreements. 175.46(1)(a)
(a) "Border county" means any of the following:
175.46(1)(a)1.
1. Any Wisconsin county that has land that is within 5 miles from any land of a physically adjacent state, as measured, where applicable, by any land that is above the ordinary high water mark.
175.46(1)(a)2.
2. Any county of a physically adjacent state which county has land that is within 5 miles from any land of Wisconsin, as measured, where applicable, by any land that is above the ordinary high water mark.
175.46(1)(b)
(b) "Law enforcement agency of a physically adjacent state" means a governmental unit of one or more persons employed by a physically adjacent state or a political subdivision of a physically adjacent state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
175.46(1)(c)
(c) "Law enforcement officer of a physically adjacent state" means any person employed by a physically adjacent state or any political subdivision of a physically adjacent state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he or she is employed to enforce.
175.46(1)(d)
(d) "Physically adjacent state" means Minnesota, Iowa, Illinois or Michigan.
