AB605: Bill Text

AB605,14,24 (c) Except as provided in sub. (9r), a sheriff may not issue a license until 7 days, subject to extension under sub. (9g) (b) 3. c., have elapsed from the time that the sheriff has received a confirmation number regarding the firearms restrictions record search under sub. (9g) (b) from the department and the sheriff has not been notified that the applicant is not qualified for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4).

AB605,15,5 (9g) Firearms restrictions record searches. (a) A sheriff shall request the department to conduct a firearms restrictions record search by calling the department, using a toll-free telephone number provided by the department, and providing the department with the name, date of birth, gender, race and social security number of the applicant.

AB605,15,7 (b) On receiving a request under par. (a), the department shall conduct a firearms restrictions record search using the following procedure:

AB605,15,9 1. The department shall provide the sheriff with a confirmation number confirming the receipt of the information under par. (a).

AB605,15,14 2. The department shall conduct the firearms restrictions record search regarding an applicant for a license under this section. In conducting a search under this subdivision, the department shall use the transaction information for management of enforcement system and the national crime information center system.

AB605,15,17 3. The department shall notify the sheriff, either during the initial telephone call or as soon thereafter as practicable, of the results of the firearms restrictions record search as follows:

AB605,15,22 a. If the search indicates that the applicant does not qualify for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4), the department shall provide the sheriff with a unique nonapproval number. The department shall disclose to the sheriff the reason the applicant does not qualify for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4).

AB605,15,25 b. If the search indicates that the applicant is qualified for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4), the department shall provide the sheriff with a unique approval number.

AB605,16,6 c. If the search indicates a criminal charge without a recorded disposition, the deadline under sub. (9) (c) is extended to the end of the 3rd complete working day commencing after the day on which the finding is made. The department shall notify the sheriff of the extension as soon as practicable. During the extended period, the department shall make every reasonable effort to determine the disposition of the charge and notify the sheriff of the results as soon as practicable.

AB605,16,9 (bm) The department shall conduct the search under par. (b) immediately if, when requesting the search under par. (a), the sheriff informs the department that the search is for an applicant for an emergency license under sub. (9r).

AB605,16,14 (c) The department shall charge a sheriff a fee of $8 for each firearms restrictions record search that the sheriff requests under par. (a), except that the department shall waive the fee if, when requesting the search, the sheriff informs the department that the fee is being waived under sub. (9r) (d). The sheriff shall collect the fee from the applicant unless the fee is waived under sub. (9r) (d).

AB605,16,19 (d) A sheriff shall maintain the original record of all completed application forms and a record of all confirmation numbers and corresponding approval or nonapproval numbers that he or she receives regarding firearms restrictions record searches under this subsection. The sheriff shall mail a duplicate copy of each completed application form to the department.

AB605,16,21 (e) 1. Except as provided in subd. 2. and as necessary to administer this section, the department shall do all of the following:

AB605,16,22 a. Deny access to any record kept under this section.

AB605,17,5 b. Check each duplicate application form received under par. (d) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under this subsection. If the department previously provided a unique approval number regarding the request and nothing in the duplicate completed application form indicates that the applicant is not qualified for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4), the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the duplicate form.

AB605,17,11 2. Notwithstanding subd. 1., the department may maintain records necessary to administer this subsection and, for a period of not more than 3 years after the department issues a unique approval number, a log of dates of requests for firearms restrictions record searches under this subsection together with confirmation numbers and unique approval and nonapproval numbers corresponding to those dates.

AB605,17,14 (9r) Emergency license. (a) A sheriff may issue a license under this section to an individual who does not satisfy the requirements under sub. (3) (i) if the sheriff determines that the individual is in imminent danger of death.

AB605,17,17 (b) If a sheriff decides to issue a license under par. (a), he or she shall notify the department and request an immediate firearms restrictions record search under sub. (9g).

AB605,17,19 (c) 1. Except as provided in subd. 2., a license issued under par. (a) is valid for 120 days from the date on which it is issued and may not be renewed.

AB605,17,21 2. A license issued under par. (a) is valid for the period specified under sub. (15) (a) and may be renewed under sub. (15) (b) if all of the following apply:

AB605,17,23 a. The individual satisfies the requirement under sub. (3) (i) no later than 120 days from the date on which the license is issued.

AB605,17,25 b. A background check under sub. (9g) does not indicate that the person fails to meet any of the qualifications under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4).

AB605,18,4 (d) Notwithstanding sub. (7) (bd), (bh), (bp) and (bt), a sheriff may waive the fees required under sub. (7) (bd), (bh), (bp) and (bt) for an individual who is applying for a license under par. (a) if requiring the individual to pay the fees creates a hardship for the individual.

AB605,18,7 (10) Exemption from background check. Notwithstanding sub. (9) (a), a sheriff shall issue a license under this section to any of the following individuals without requesting the background checks required under sub. (9) (a):

AB605,18,8 (a) A law enforcement officer.

AB605,18,9 (b) A correctional officer.

AB605,18,10 (c) A probation and parole agent.

AB605,18,12 (d) A person who holds a current certification from the law enforcement standards board under s. 165.85 (3) (c).

AB605,18,17 (11) List of licensees. (a) A sheriff who issues licenses to carry a concealed weapon under this section shall, within 5 days after issuing a license, notify the department that he or she has issued a license under this section and provide the department with the information specified in sub. (2m) (c) concerning the individual to whom the license was issued.

AB605,18,21 (am) The department shall maintain a computerized record listing the names of all individuals who have been issued a license under this section along with the information concerning each individual that is provided to the department by a sheriff under par. (a).

AB605,18,24 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department may not make the computerized record under par. (am) or any information from that computerized record available to any person.

AB605,19,3 (c) The department shall provide information concerning a specific individual listed on the computerized list under par. (am) to a law enforcement agency if the law enforcement agency is requesting the information for any of the following purposes:

AB605,19,5 1. To confirm that a license produced by the individual at the request of a law enforcement officer is valid.

AB605,19,8 2. To confirm that the individual holds a valid license under this section, if the individual is carrying a concealed weapon but is not carrying a license issued under this section and claims to hold a valid license issued under this section.

AB605,19,12 (12) Updated information. No later than 30 days after changing his or her address, an individual licensed under this section shall inform the sheriff who issued the license of his or her new address. The sheriff shall provide the individual's new address to the department for inclusion in the list under sub. (11) (am).

AB605,19,17 (13) Lost or destroyed license. No later than 30 days after losing his or her license or after his or her license is destroyed, an individual licensed under this section shall submit to the sheriff who issued the license a notarized statement that his or her license has been lost or destroyed. The sheriff shall issue a replacement license upon receiving the notarized statement and a replacement license fee of $15.

AB605,19,20 (14) License denial; discipline. (a) A sheriff shall deny an application for a license under this section or suspend or revoke a license that he or she issued under this section if the applicant or licensee does any of the following:

AB605,19,21 1. No longer meets all of the criteria specified in subs. (3) and (4).

AB605,19,22 3. Is convicted of a felony or a misdemeanor crime of violence.

AB605,19,25 5. Is convicted of any violation, or any solicitation, conspiracy or attempt to commit a violation, of ch. 961 or of a law of another state that is comparable to any provision of ch. 961.

AB605,20,1 6. Is involuntarily committed for treatment under s. 51.20.

AB605,20,3 7. Is involuntarily committed for treatment as a chronic alcoholic under s. 51.45.

AB605,20,11 8. Is convicted of a 2nd violation of s. 346.63, of a law of another state that is comparable to a violation of s. 346.63 or of a law of a federally recognized American Indian tribe or band that is comparable to s. 346.63, within 3 years of a previous conviction. For purposes of this subdivision, the first violation of s. 346.63, of a law of another state that is comparable to a violation of s. 346.63 or of a law of a federally recognized American Indian tribe or band that is comparable to s. 346.63, may have occurred before the date on which the individual submitted his or her application for a license under this section.

AB605,20,12 9. Is found incompetent under ch. 880.

AB605,20,17 (am) 1. If a licensee is arrested or charged with a crime that would disqualify him or her from having a license under this section, the sheriff shall suspend the licensee's license until judgment is entered in the case. If the charge is dismissed or the licensee is acquitted, the sheriff shall restore the licensee's license. If the person is convicted, the sheriff shall revoke the licensee's license.

AB605,20,21 2. If an applicant for a license under this section is arrested or charged with a crime that would disqualify him or her from having a license under this section, the sheriff shall deny the application. Notwithstanding sub. (3) (m), if the charge is dismissed or the applicant is acquitted, the applicant may reapply for a license.

AB605,20,24 (c) 1. A person aggrieved by any action by a sheriff under this subsection may appeal directly to the circuit court of the sheriff's county or, if applicable, to the circuit court of the county of issuance designated under sub. (2) (c).

AB605,21,8 2. To begin an appeal under this paragraph, the aggrieved person shall file a petition for review with the clerk of the applicable circuit court within 30 days after the date of the sheriff's action or, if applicable, within 30 days after the date of the notice provided to the person under sub. (9) (b) 2. The petition shall state the substance of the sheriff's action that the person is appealing from and the grounds upon which the person believes the sheriff's action to be improper. The petition may include a copy of any records or documents that are relevant to the grounds upon which the person believes the sheriff's action to be improper.

AB605,21,11 3. A copy of the petition shall be served upon the sheriff either personally or by registered or certified mail within 5 days after the person files his or her petition under subd. 2.

AB605,21,15 4. The sheriff shall file an answer within 15 days after being served with the petition under subd. 3. The answer shall include a brief statement of the actions taken by the sheriff, and a copy of any documents or records on which the sheriff based his or her action shall be included with the answer when filed.

AB605,21,21 5. The court shall review the petition, answer and any records or documents submitted with the petition or answer. The review under this subdivision shall be conducted by the court without a jury and shall be confined to the petition, answer and any records or documents submitted with the petition or answer, except that in cases of alleged irregularities in procedure by the sheriff the court may take testimony that the court determines is appropriate.

AB605,21,23 6. The court shall affirm the sheriff's action unless the court finds any of the following:

AB605,21,24 a. That the sheriff failed to follow procedure prescribed under this section.

AB605,22,2 b. That the sheriff erroneously interpreted a provision of law and a correct interpretation compels a different action.

AB605,22,4 c. That the sheriff's action depends on a finding of fact that is not supported by substantial evidence in the record.

AB605,22,6 7. The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.

AB605,22,9 (15) License expiration and renewal. (a) Except as provided in sub. (9r) (c) 1., a license issued under this section is valid for a period of 5 years after the date on which the license is issued unless the license is suspended or revoked under sub. (14).

AB605,22,13 (b) At least 90 days before the expiration date of a license issued under this section, the sheriff who issued the license shall mail to the licensee a written notice of expiration and a form for renewing the license. The sheriff shall renew the license if, before the date the license expires, the licensee does all of the following:

AB605,22,14 1. Submits a renewal application on the form provided by the sheriff.

AB605,22,16 2. Submits a notarized affidavit stating that he or she remains qualified under subs. (3) and (4).

AB605,22,17 4. Pays all of the following:

AB605,22,20 a. A fee set by the sheriff that does not exceed the cost to a sheriff of renewing a license issued under this section, including the cost of equipment purchase or rental.

AB605,22,21 b. The fee for a firearms restrictions record search specified in sub. (9g) (c).

AB605,22,22 c. A shooting range improvement fee of $15.

AB605,22,23 d. A law enforcement excellence fund fee of $15.

AB605,23,3 (c) The sheriff shall request the department to conduct a firearms restrictions record search of a licensee as provided under sub. (9g) before renewing the licensee's license under par. (b).

AB605,23,6 (d) 1. Except as provided in subd. 2., if a licensee submits a renewal application under par. (b) after the expiration date of the license he or she shall be assessed a late fee of $15.

AB605,23,10 2. If a licensee does not submit a renewal application under par. (b) before 6 months after the date the license expires, the license shall permanently expire. A licensee whose license has permanently expired may be issued a new license if he or she applies for a license as provided under sub. (7).

AB605,23,12 (16) Prohibited activity. (a) No licensee may carry a concealed weapon in any of the following places:

AB605,23,13 1. A place that has been declared a nuisance under ch. 823.

AB605,23,17 2. A police station, sheriff's office or state patrol station. This subdivision does not prohibit a peace officer who is acting within the scope of his or her employment from carrying a concealed weapon in a police station, sheriff's office or state patrol station.

AB605,23,18 3. A prison, jail, house of correction or secured correctional facility.

AB605,23,22 4. A courthouse, except that a judge who is a licensee may carry a concealed weapon in a courthouse in which he or she is presiding in court or may permit in writing any other licensee to carry a concealed weapon in a courthouse in which he or she is presiding in court.

AB605,23,25 8. A place at which a school, college or professional athletic event is taking place, unless the event is related to firearms and the licensee is a participant in the event.

AB605,24,1 9. A school administration building.

AB605,24,3 10. Any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, except as provided under s. 941.237.

AB605,24,5 14. An airport, unless the weapon is encased for shipment as baggage to be transported by aircraft.

AB605,24,6 15. A place in which the carrying of a weapon is prohibited under s. 948.61.

AB605,24,7 16. A place in which the carrying of a weapon is prohibited by federal law.

AB605,24,9 (c) A licensee may not carry a concealed weapon if he or she is prohibited from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c).

AB605,24,11 (17) Penalties. (a) A licensee who violates sub. (2g) (b) may be required to forfeit not more than $25.

AB605,24,13 (b) A licensee who violates sub. (16) may be fined not more than $1,000 or imprisoned for not more than 90 days or both.

AB605,24,21 (19) Statistical report. (a) By February 1 of each year, a sheriff who is issuing or renewing licenses under this section shall submit a statistical report to the department indicating the number of licenses applied for, issued, denied, suspended and revoked under this section during the previous calendar year. For the licenses denied, the report shall indicate the reasons for the denials and the part of the application process during which the reasons for denial were discovered. For the licenses suspended or revoked, the report shall indicate the reasons for the suspensions and revocations.

AB605,25,4 (b) By March 1 of each year, the department shall submit a statistical report to the legislature under s. 13.172 (2) and to the governor that is compiled from the reports submitted under par. (a) and that indicates the number of licenses applied for, issued, denied, suspended and revoked under this section during the previous calendar year. For the licenses denied, the report shall indicate the reasons for the denials and the part of the application process in which the reasons for denial were discovered. For the licenses suspended or revoked, the report shall indicate the reasons for the suspensions and revocations.

AB605,25,10 (20) Law enforcement excellence fund. (a) If a county's sheriff issues licenses on his or her own under sub. (2) (a) or through an agreement under sub. (2) (c), the county board shall establish a law enforcement excellence fund. All money collected by a sheriff under subs. (7) (bt) and (15) (b) 4. d. shall be deposited in accordance with s. 59.25 (3) (u) 4. in the law enforcement excellence fund established under this subsection.

AB605,25,13 (b) A law enforcement excellence fund established under this subsection shall be used to improve law enforcement services in the county and may not be used to supplant or replace other funds otherwise available to the sheriff.

AB605, s. 9 Section 9. 440.26 (3r) of the statutes is created to read:

AB605,25,18 440.26 (3r) Carrying of concealed weapons by private detective. An individual who is licensed as a private detective under this section and who is licensed under s. 175.50 to carry a concealed weapon may carry a concealed weapon as permitted under s. 175.50, including while he or she acting as a private detective.

AB605, s. 10 Section 10. 941.23 of the statutes is amended to read: