SB293: Bill Text

3. Allows a sheriff to suspend or revoke a license to carry a concealed weapon under certain circumstances. Among the grounds for suspending or revoking a license are conviction of a felony or certain misdemeanors, a finding of incompetency, drug dependency or chronic alcohol use, or an involuntary commitment for treatment of mental illness. A person whose license is suspended or revoked by the sheriff may appeal the sheriff's action to circuit court for review by a judge.

4. Specifies the information that must be on a license to carry a concealed weapon and an application for such a license, and requires the department of justice (DOJ) to design the form of the license and the license application form.

5. Requires the sheriff to provide information to DOJ concerning a person licensed to carry a concealed weapon, and requires DOJ to keep a computerized list of persons licensed to carry a concealed weapon. The list kept by DOJ is available only to law enforcement agencies in certain specified circumstances.

6. Requires a person who applies for a license to carry a concealed weapon to pay a shooting range improvement fee, which is to be used by the department of natural resources to provide grants for the construction and improvement of shooting ranges.

7. Requires a person who applies for a license to carry a concealed weapon to pay a law enforcement excellence fund fee, which is to be used by the sheriff to improve law enforcement services in his or her county.

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:

SB293, s. 1 Section 1. 20.370 (5) (cx) of the statutes is created to read:

SB293,3,5 20.370 (5) (cx) Recreation aids — grants for shooting ranges. All moneys received from the shooting range improvement fee under s. 175.50 (7) (bp) and (15) (b) 4. c. for the purpose of making grants and administering the grant program under s. 29.595.

SB293, s. 2 Section 2. 20.455 (2) (gp) of the statutes is created to read:

SB293,3,9 20.455 (2) (gp) Concealed weapons licenses background check. All moneys received as fee payments under s. 175.50 (7) (bh) and (15) (b) 4. b. to provide services under s. 175.50.

SB293, s. 3 Section 3. 25.29 (1) (a) of the statutes is amended to read:

SB293,4,2 25.29 (1) (a) Except as provided in s. 25.295, all moneys accruing to the state for or in behalf of the department under chs. 26, 27, 28, 29 and 350, subchs. I and VI of ch. 77 and ss. 23.09 to 23.31, 23.325 to 23.42, 23.50 to 23.99, 30.50 to 30.55, 70.58 and, 71.10 (5) and 175.50 (7) (bp) and (15) (b) 4. c., including grants received from the federal government or any of its agencies except as otherwise provided by law.

SB293, s. 4 Section 4. 29.595 of the statutes is created to read:

SB293,4,7 29.595 Grants for shooting ranges. (1) The department may award grants to persons for construction or improvement of shooting ranges. A grant awarded under this section shall be paid from the appropriation account under s. 20.370 (5) (cx).

SB293,4,10 (2) A grant awarded under this section may be for up to 50% of the cost of the construction or improvement of the shooting range. A grant awarded under this section may not be used to pay for any of the following:

SB293,4,12 (a) The construction of clubhouses and facilities that are not essential to the operation of the shooting range.

SB293,4,13 (b) The operation and maintenance of the shooting range.

SB293,4,17 (3) In order to receive a grant under this section, the person creating or improving a shooting range shall agree to provide, for a fee of not more than $20, a firearm safety course that will qualify an individual to satisfy the requirements under s. 175.50 (3) (i) for a license to carry a concealed weapon.

SB293,4,21 (4) In determining whether to make a grant under this section, the department shall consider the potential of the project to meet the needs of firearm safety courses in the area served by the shooting range relative to the proposed cost of the construction or improvement.

SB293,4,23 (5) The department shall promulgate rules establishing a procedure for applying for grants under this section.

SB293, s. 5 Section 5. 59.25 (3) (u) of the statutes is created to read:

SB293,5,3 59.25 (3) (u) 1. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all moneys received under s. 175.50 (7) (bd), (13) and (15) (b) 4. a. and (d) 1. in the general fund of the county.

SB293,5,6 2. Forward all moneys received under s. 175.50 (7) (bh) and (15) (b) 4. b. to the state treasurer for payment of firearms restrictions record searches conducted under s. 175.50 (9g) at the request of the county's sheriff.

SB293,5,9 3. Forward all moneys received under s. 175.50 (7) (bp) and (15) (b) 4. c. to the state treasurer for deposit in the conservation fund to be credited to the appropriation account under s. 20.370 (5) (cx).

SB293,5,13 4. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all moneys received under s. 175.50 (7) (bt) and (15) (b) 4. d. in the law enforcement excellence fund established under s. 175.50 (20) and make payments from the fund for the purposes of s. 175.50 (20) (b).

SB293, s. 6 Section 6. 165.82 (2) of the statutes is amended to read:

SB293,5,17 165.82 (2) Except as provided in s. ss. 175.35 and 175.50, the department of justice shall not impose fees for criminal history searches for purposes related to criminal justice.

SB293, s. 7 Section 7. 167.31 (4) (am) of the statutes is created to read:

SB293,5,20 167.31 (4) (am) Subsections (2) and (3) do not apply to a person who holds a valid license to carry a concealed weapon issued under s. 175.50.

SB293, s. 8 Section 8. 175.50 of the statutes is created to read:

SB293,5,23 175.50 License to carry concealed weapon. (1) Definitions. In this section:

SB293,5,24 (a) "Department" means the department of justice.

SB293,6,2 (b) "Firearms restrictions record search" has the meaning given in s. 175.35 (1) (at).

SB293,6,3 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

SB293,6,5 (d) "Licensee" means an individual who has been granted a license to carry a concealed weapon under this section.

SB293,6,7 (e) "Misdemeanor crime of violence" means a misdemeanor violation of chs. 940, 941 or 948 or of s. 947.013 or a violation of s. 947.01.

SB293,6,12 (f) "Weapon" means a handgun, as defined in s. 175.35 (1) (b), an electric weapon, as defined in s. 941.295 (4), a tear gas gun, a knife other than a switchblade knife under s. 941.24, or a billy club. "Weapon" does not include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).

SB293,6,17 (2) Issuance of license. (a) Except as provided in pars. (b) and (c), a sheriff shall issue licenses to carry a concealed weapon to an individual who meets the qualifications specified in subs. (3) and (4) and who completes the application process specified in sub. (7). A license to carry a concealed weapon issued by a sheriff under this section shall meet the requirements specified in sub. (2m).

SB293,6,20 (b) A sheriff is not required to issue licenses to carry a concealed weapon under this section if, before the first day of the 4th month beginning after the effective of this paragraph .... [revisor inserts date], all of the following occur:

SB293,6,22 1. The sheriff requests the county board of the sheriff's county to authorize him or her to decline to issue licenses to carry a concealed weapon under this section.

SB293,6,25 2. After receiving a request from the sheriff under subd. 1., the county board of the sheriff's county grants the sheriff's request by a two-thirds vote of all the members of the board.

SB293,7,4 (c) Any 2 or more sheriffs may by agreement jointly issue licenses to carry a concealed weapon under this section. An agreement for joint issuance of licenses to carry a concealed weapon under this section may be entered into at any time and shall satisfy all of the following criteria:

SB293,7,5 1. The agreement shall be in writing.

SB293,7,7 2. The agreement shall be approved by the county board of the county of each sheriff who is a party to the agreement.

SB293,7,10 3. The agreement shall specify how costs incurred and moneys received under this section shall be apportioned among the sheriffs who are a party to the agreement and their respective counties.

SB293,7,13 4. The agreement shall designate one county to be identified as the county of issuance for purposes of the license document information required under sub. (2m) (c) 7. and 8. and for purposes of appeal under sub. (14) (c).

SB293,7,17 5. If a sheriff who is party to an agreement has issued licenses under this section before entering into the agreement, the agreement shall provide for the renewal of any licenses that were issued by that sheriff before he or she entered into the agreement.

SB293,7,20 (2g) Carrying a concealed weapon; carrying and display of license. (a) A licensee may carry a concealed weapon anywhere in this state except as provided under sub. (16).

SB293,7,22 (b) A licensee shall carry his or her license at all times during which he or she is carrying a concealed weapon.

SB293,7,25 (c) If he or she is carrying a concealed weapon, a licensee shall display his or her license to a law enforcement officer upon the request of the law enforcement officer.

SB293,8,7 (2m) License document; content of license. (a) Subject to pars. (b), (c) and (d), the department shall design the license document for licenses issued under this section. The department shall complete the design of the license document no later than the first day of the 4th month beginning after the effective date of this paragraph .... [revisor inserts date], and shall distribute the design for the license document to any sheriff who issues licenses under sub. (2) (a) or (c) for the sheriff to use for licenses that he or she issues under this section.

SB293,8,9 (am) The department shall establish a unique code number for each county of this state for use as a prefix to the identification number required under par. (c) 8.

SB293,8,11 (b) A license issued under this section shall be a single document, with the information specified in par. (c) appearing on one side.

SB293,8,12 (c) One side of the license document shall include all of the following:

SB293,8,13 1. The full name, date of birth and residence address of the licensee.

SB293,8,14 2. A color photograph of the licensee.

SB293,8,16 3. A physical description of the licensee, including gender, height, weight and hair and eye color.

SB293,8,17 4. The date on which the license was issued.

SB293,8,18 5. The date on which the license expires.

SB293,8,19 6. The name of this state.

SB293,8,22 7. The name of the county of the sheriff who issues the license or, if the license is issued by 2 or more sheriffs acting jointly under sub. (2) (c), the name of the county designated under the agreement.

SB293,8,24 8. A unique identification number for each licensee that begins with the code number for the county established by the department under par. (am).

SB293,9,4 (d) A license document issued under this section shall be, to the maximum extent possible, tamper proof and shall be produced using the same or similar equipment used by the department of transportation to produce an operator's license under s. 343.17.

SB293,9,6 (3) Qualifications a person must have to get a license. An individual is eligible for a license under this section if he or she satisfies all of the following:

SB293,9,7 (a) The individual is at least 21 years of age.

SB293,9,8 (b) The individual is a resident of the United States.

SB293,9,10 (c) The individual does not suffer from a physical disability that prevents him or her from safely handling a weapon.

SB293,9,11 (d) The individual is not prohibited from possessing a firearm under s. 941.29.

SB293,9,14 (e) During the 3-year period immediately preceding the date on which he or she submits an application under sub. (7), the individual has not been civilly committed under s. 51.20 for being drug dependent.

SB293,9,18 (f) During the 3-year period immediately preceding the date on which he or she submits an application under sub. (7), the individual has not been convicted for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of ch. 961 or of a law of another state that is comparable to any provision of ch. 961.

SB293,9,24 (g) The individual does not chronically and habitually use alcohol beverages or other substances to the extent that his or her normal faculties are impaired. A person is presumed chronically and habitually to use alcohol beverages or other substances to the extent that his or her normal faculties are impaired if, within the 3-year period immediately preceding the date on which he or she submits an application under sub. (7), any of the following applies:

SB293,10,2 1. The individual has been committed for involuntary treatment under s. 51.45 (13).

SB293,10,3 2. The individual has been convicted of a violation of s. 941.20 (1) (b).

SB293,10,7 3. The individual has been convicted 2 or more times of a violation of s. 346.63, of a local ordinance in conformity with s. 346.63, of a law of another state that is comparable to s. 346.63 or of a law of a federally recognized American Indian tribe or band in conformity with or comparable to s. 346.63.

SB293,10,8 (i) The individual has done one of the following:

SB293,10,10 2. Successfully completed a National Rifle Association firearm training or firearm safety course.

SB293,10,13 3. Successfully completed a firearm training or firearm safety course or class conducted by an instructor certified either by the state in which the course was conducted or by the National Rifle Association.

SB293,10,19 4. Successfully completed a firearm safety or firearm training course or class that is available to the general public and that is offered by a law enforcement agency, a private or public school, institution or organization or a firearm training school, if the course or class uses instructors certified by the National Rifle Association or the department or if the curriculum meets the minimum requirements of the law enforcement standards board.

SB293,10,22 5. Successfully completed a firearm safety or firearm training course or class offered for law enforcement officers, correctional officers, special deputies, private detectives licensed under s. 440.26, or other security or law enforcement personnel.

SB293,10,25 6. Participated in organized shooting competitions or military training that gave the applicant experience with firearms that the sheriff determines is substantially equivalent to any course or class specified in subds. 2. to 5.

SB293,11,5 7. Participated in military firearms training that gave the applicant experience with firearms that the sheriff determines is substantially equivalent to any course or class specified in subds. 2. to 5., if the applicant is serving in the U.S. armed forces or has received a discharge from the armed forces under conditions other than dishonorable.

SB293,11,10 (j) The individual has not been found incompetent under ch. 880 or, if the individual has been found incompetent under ch. 880, he or she was subsequently found to be competent and, on the date that he or she submits an application under sub. (7), at least 5 years have elapsed from the date that he or she was found to be competent.

SB293,11,16 (k) The individual has not been involuntarily committed for treatment under s. 51.20 due to mental illness or a developmental disability or, if the individual has been involuntarily committed for treatment under s. 51.20 due to mental illness or a developmental disability, he or she presents evidence from a psychiatrist licensed in this state that he or she has not been disabled due to mental illness or a developmental disability for at least 5 years.

SB293,11,19 (L) The individual has not been charged with a felony or a misdemeanor crime of violence for which the prosecution was suspended under a deferred prosecution agreement unless 3 years have elapsed since the charge was dismissed.

SB293,11,21 (m) The individual has not submitted an application for a license under this section to another county and had the application denied.

SB293,12,2 (4) Misdemeanor convictions; denial of license. A sheriff may deny a license to an individual who has been found guilty of one or more misdemeanor crimes of violence unless the individual has been discharged from all sentences or periods of probation in connection with the crimes 3 or more years before the date on which the individual submits an application under sub. (7).

SB293,12,10 (5) Form of application. The department shall design an application form for use by individuals who apply for a license under this section. The department shall complete the design of the application form no later than the first day of the 4th month beginning after the effective date of this subsection .... [revisor inserts date], and shall distribute the design for the application form to any sheriff who issues licenses under sub. (2) (a) or (c) for use in making application forms for licenses under this section. The application form designed by the department shall include all of the following: