AB529-ASA3,13,1812
1. Submit the fingerprint card of the applicant to the department for
13submission to the federal bureau of investigation or the automated fingerprint
14identification system for the purposes of verifying the identity of the person
15fingerprinted and obtaining his or her criminal arrest and conviction records. If the
16applicant's fingerprint card is not sufficiently legible for the federal bureau of
17investigation to use in verifying the applicant's identity and obtaining his or her
18arrest or conviction record, the applicant shall submit an additional fingerprint card.
AB529-ASA3,13,2019
2. Request the department to conduct a firearms restrictions record search, as
20provided under sub. (9g).
AB529-ASA3,13,2221
(b) Subject to par. (c), within 21 days after receiving an application under sub.
22(7) a sheriff shall do one of the following:
AB529-ASA3,13,2323
1. Issue the license.
AB529-ASA3,14,3
12. Deny the application if the applicant fails to qualify under the criteria
2specified in subs. (3) and (4). If the sheriff denies the application, he or she shall
3inform the applicant in writing, stating the ground for denial.
AB529-ASA3,14,94
(c) Except as provided in sub. (9r), a sheriff may not issue a license until 7 days,
5subject to extension under sub. (9g) (b) 3. c., have elapsed from the time that the
6sheriff has received a confirmation number regarding the firearms restrictions
7record search under sub. (9g) (b) 1. from the department unless the department has
8notified the sheriff that the applicant is not disqualified for a license under sub. (3)
9(d), (f), (g) 2. or 3. or (L) or (4).
AB529-ASA3,14,14
10(9g) Firearms restrictions record searches. (a) A sheriff shall request the
11department to conduct a firearms restrictions record search by calling the
12department, using a toll-free telephone number provided by the department, and
13providing the department with the name, date of birth, gender, race, and social
14security number of the applicant.
AB529-ASA3,14,1615
(b) On receiving a request under par. (a), the department shall conduct a
16firearms restrictions record search using the following procedure:
AB529-ASA3,14,1817
1. The department shall provide the sheriff with a confirmation number
18confirming the receipt of the information under par. (a).
AB529-ASA3,14,2319
2. The department shall conduct the firearms restrictions record search
20regarding an applicant for a license under this section. In conducting a search under
21this subdivision, the department shall use the transaction information for
22management of enforcement system and the national crime information center
23system.
AB529-ASA3,15,3
13. The department shall notify the sheriff, either during the initial telephone
2call or as soon thereafter as practicable, of the results of the firearms restrictions
3record search as follows:
AB529-ASA3,15,84
a. If the search indicates that the applicant does not qualify for a license under
5sub. (3) (d), (f), (g) 2. or 3., (kg), (km), (L), or (o) or (4), the department shall provide
6the sheriff with a unique nonapproval number. The department shall disclose to the
7sheriff the reason the applicant does not qualify for a license under sub. (3) (d), (f),
8(g) 2. or 3., (kg), (km), (L), or (o) or (4).
AB529-ASA3,15,119
b. If the search indicates that the applicant is not disqualified for a license
10under sub. (3) (d), (f), (g) 2. or 3., (kg), (km), (L), and (o) or (4), the department shall
11provide the sheriff with a unique approval number.
AB529-ASA3,15,1812
c. If the search indicates a criminal charge without a recorded disposition, the
13deadline under sub. (9) (c) is extended to the end of the 3rd complete working day
14commencing after the day on which the department learns of that charge. The
15department shall notify the sheriff of the extension as soon as practicable. During
16the extended period, the department shall make every reasonable effort to determine
17the disposition of the charge and notify the sheriff of the results as soon as
18practicable.
AB529-ASA3,15,2119
(bm) The department shall conduct the search under par. (b) immediately if,
20when requesting the search under par. (a), the sheriff informs the department that
21the search is for an applicant for an emergency license under sub. (9r).
AB529-ASA3,16,222
(c) The department shall charge a sheriff a fee of $8 for each firearms
23restrictions record search that the sheriff requests under par. (a), except that the
24department shall waive the fee if, when requesting the search, the sheriff informs
1the department that the fee is being waived under sub. (9r) (d). The sheriff shall
2collect the fee from the applicant unless the fee is waived under sub. (9r) (d).
AB529-ASA3,16,73
(d) A sheriff shall maintain the original record of all completed application
4forms and a record of all confirmation numbers and corresponding approval or
5nonapproval numbers that he or she receives regarding firearms restrictions record
6searches under this subsection. The sheriff shall mail a duplicate copy of each
7completed application form to the department.
AB529-ASA3,16,98
(e) 1. Except as provided in subd. 2. and as necessary to administer this section,
9the department shall do all of the following:
AB529-ASA3,16,1010
a. Deny access to any record kept under this section.
AB529-ASA3,16,2311
b. Check each duplicate application form received under par. (d) against the
12information recorded by the department regarding the corresponding request for a
13firearms restrictions record search under this subsection. If the department
14previously provided a unique approval number regarding the request and nothing
15in the duplicate completed application form indicates that the applicant is not
16qualified for a license under sub. (3) (d), (f), (g) 2. or 3., (kg), (km), (L), or (o) or (4),
17the department shall, except as provided in subd. 2., destroy all records regarding
18that firearms restrictions record search within 30 days after receiving the duplicate
19form. If the department previously provided a unique approval number regarding
20the request and the duplicate completed application form indicates that the
21applicant is not qualified for a license under sub. (3) (d), (f), (g) 2. or 3., (kg), (km), (L),
22or (o) or (4), the department shall immediately notify the sheriff who issued the
23license, and the sheriff shall revoke the license.
AB529-ASA3,17,324
2. The department may maintain records necessary to administer this
25subsection and, for a period of not more than 3 years after the department issues a
1unique approval number, a log of dates of requests for firearms restrictions record
2searches under this subsection together with confirmation numbers and unique
3approval and nonapproval numbers corresponding to those dates.
AB529-ASA3,17,8
4(9r) Emergency license. (a) A sheriff may issue a license under this section
5to an individual who does not satisfy the requirements under sub. (3) (i) if the sheriff
6determines that the individual is in imminent danger of death and if the individual
7submits a fingerprint card that is taken by the sheriff and that bears the individual's
8index finger fingerprint.
AB529-ASA3,17,119
(b) If a sheriff issues a license under par. (a), he or she shall notify the
10department and request an immediate firearms restrictions record search under
11sub. (9g).
AB529-ASA3,17,1312
(c) 1. Except as provided in subds. 2. and 3., a license issued under par. (a) is
13valid for 120 days from the date on which it is issued and may not be renewed.
AB529-ASA3,17,1814
2. If the department does not notify the sheriff that the individual does not
15qualify for a license under sub. (3) (d), (f), (g) 2. or 3., (kg), (km), (L), or (o) or (4), a
16license issued under par. (a) is valid for the period specified under sub. (15) (a) and
17may be renewed under sub. (15) (b) if the individual satisfies the requirement under
18sub. (3) (i) no later than 120 days from the date on which the license is issued.
AB529-ASA3,17,2119
3. If the department notifies the sheriff that an individual to whom the sheriff
20has issued a license under par. (a) does not qualify for a license under sub. (3) (d), (f),
21(g) 2. or 3., (kg), (km), (L), or (o) or (4), the sheriff shall revoke the license.
AB529-ASA3,17,2522
(d) A sheriff may waive the fees that would otherwise be required under subs.
23(7) (bd), (bh), (bp), and (bt) and (9g) (c) for an individual who is applying for a license
24under par. (a) if requiring the individual to pay the fees would create a hardship for
25the individual.
AB529-ASA3,18,3
1(10) Exemption from background check. Notwithstanding sub. (9) (a), a
2sheriff shall issue a license under this section to any of the following individuals
3without requesting the background checks required under sub. (9) (a):
AB529-ASA3,18,44
(a) A law enforcement officer.
AB529-ASA3,18,55
(b) A correctional officer.
AB529-ASA3,18,66
(c) A probation, parole, and extended supervision agent.
AB529-ASA3,18,87
(d) A person who holds a current certification from the law enforcement
8standards board under s. 165.85 (3) (c).
AB529-ASA3,18,13
9(11) License information. (a) A sheriff who issues licenses to carry a concealed
10weapon under this section shall, within 5 days after issuing a license, notify the
11department that he or she has issued a license under this section and provide the
12department with the information specified in sub. (2m) (c) concerning the individual
13to whom the license was issued.
AB529-ASA3,18,1714
(am) The department shall maintain a computerized record listing the names
15of all individuals who have been issued a license under this section along with the
16information concerning each individual that is provided to the department by a
17sheriff under par. (a).
AB529-ASA3,18,2018
(b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
19may not make the computerized record under par. (am) or any information from that
20computerized record available to any person.
AB529-ASA3,18,2321
(c) The department shall provide information concerning a specific licensee
22listed on the computerized list under par. (am) to a law enforcement agency if the law
23enforcement agency is requesting the information for any of the following purposes:
AB529-ASA3,18,2524
1. To confirm that a license produced by an individual at the request of a law
25enforcement officer is valid.
AB529-ASA3,19,3
12. To confirm that the individual holds a valid license under this section, if the
2individual is carrying a concealed weapon but is not carrying a license issued under
3this section and claims to hold a valid license issued under this section.
AB529-ASA3,19,64
3. To investigate whether an individual intentionally falsely swore under sub.
5(6) or (15) (b) 2. or intentionally made a false statement to a sheriff in connection with
6the individual's request for an emergency license under sub. (9r).
AB529-ASA3,19,107
(d) 1. In this paragraph, "clerk" means the clerk of the circuit court or, if it has
8enacted a law or an ordinance in conformity with s. 346.63, the clerk of the court for
9a federally recognized American Indian tribe or band in this state, a city, a village,
10or a town.
AB529-ASA3,19,1411
2. The department shall make the names of all licensees and the name of the
12county in which each licensee was licensed available to each clerk. If any of the
13following occur with respect to a licensee, the clerk shall immediately notify the
14sheriff of the county in which the license was issued of the occurrence:
AB529-ASA3,19,1915
a. The individual is charged with a felony, a misdemeanor crime of violence, a
16violation of ch. 961, the solicitation, conspiracy, or attempt to commit any violation
17of ch. 961, a violation of s. 941.20 (1) (b), a violation of sub. (17) (d), or any other crime
18that, upon conviction, would disqualify the individual from having a license under
19this section.
AB529-ASA3,19,2020
b. The individual is charged with a drunk driving offense.
AB529-ASA3,19,2221
c. The individual is found by a court to have committed any offense described
22in subd. 2. a. or b.
AB529-ASA3,19,2423
d. Prosecution of a felony or a misdemeanor crime of violence for which the
24individual is charged is suspended under a deferred prosecution agreement.
AB529-ASA3,19,2525
e. The individual is found incompetent under s. 971.14.
AB529-ASA3,20,2
1f. The individual is found not guilty of any crime by reason of mental disease
2or mental defect under s. 971.17.
AB529-ASA3,20,43
g. The individual is involuntarily committed for treatment under s. 51.20 or
451.45.
AB529-ASA3,20,55
h. The individual is found incompetent under ch. 880.
AB529-ASA3,20,9
6(12) Updated information. No later than 30 days after changing his or her
7address, an individual licensed under this section shall inform the sheriff who issued
8the license of his or her new address. The sheriff shall provide the individual's new
9address to the department for inclusion in the list under sub. (11) (am).
AB529-ASA3,20,14
10(13) Lost or destroyed license. No later than 30 days after losing his or her
11license or after his or her license is destroyed, an individual licensed under this
12section shall submit to the sheriff who issued the license a notarized statement that
13his or her license has been lost or destroyed. The sheriff shall issue a replacement
14license upon receiving the notarized statement and a replacement license fee of $15.
AB529-ASA3,20,20
15(14) License denial; discipline. (a) A sheriff shall deny an application for a
16license under this section or suspend a license that his or her county issued under
17this section if a court has prohibited the individual from possessing a dangerous
18weapon under s. 969.02 (3) (c). A sheriff shall deny an application for a license under
19this section or revoke a license that his or her county issued under this section if the
20applicant or licensee does any of the following:
AB529-ASA3,20,2121
1. No longer meets all of the criteria specified in subs. (3) and (4).
AB529-ASA3,20,2222
3. Is convicted of a felony or a misdemeanor crime of violence.
AB529-ASA3,20,2523
5. Is convicted of any violation, or any solicitation, conspiracy or attempt to
24commit a violation, of ch. 961 or of a law of another state that is comparable to any
25provision of ch. 961.
AB529-ASA3,21,1
16. Is involuntarily committed for treatment under s. 51.20.
AB529-ASA3,21,32
7. Is involuntarily committed for treatment as a chronic alcoholic under s.
351.45.
AB529-ASA3,21,74
8. Is convicted of a drunk driving offense within 3 years of a previous conviction
5for a drunk driving offense. For purposes of this subdivision, the first drunk driving
6offense may have occurred before the date on which the individual submitted his or
7her application for a license under this section.
AB529-ASA3,21,88
9. Is found incompetent under ch. 880.
AB529-ASA3,21,109
10. Becomes subject to an injunction described in s. 941.29 (1) (f) or is ordered
10not to possess a firearm under s. 813.125 (4m).
AB529-ASA3,21,1511
(am) 1. a. If a licensee is charged with an offense that, upon conviction, would
12disqualify him or her from having a license under this section, the sheriff shall
13suspend the licensee's license until judgment is entered in the case. If the charge is
14dismissed or the licensee is acquitted, the sheriff shall restore the licensee's license
15unless the person no longer meets all of the criteria for licensure under this section.
AB529-ASA3,21,2016
b. If a licensee is the subject of any civil proceeding, the disposition of which
17could disqualify him or her from having a license under this section, the sheriff shall
18suspend the licensee's license until judgment is entered in the case. Upon entry of
19judgment in the case, the sheriff shall restore the licensee's license, unless the person
20no longer meets all of the criteria for licensure under this section.
AB529-ASA3,21,2421
2. If an applicant for a license under this section is arrested or charged with a
22crime that would disqualify him or her from having a license under this section, the
23sheriff shall deny the application. Notwithstanding sub. (3) (m), if the charge is
24dismissed or the applicant is acquitted, the applicant may reapply for a license.
AB529-ASA3,22,2
1(b) 1. If a sheriff revokes or suspends a license under this section, the revocation
2or suspension shall take effect immediately.
AB529-ASA3,22,163
2. If an individual whose license is suspended or revoked resides in the county
4that issued the license, the sheriff of the county, upon revoking or suspending an
5individual's license, shall immediately attempt to inform the individual in person.
6If the individual resides in a county that is a party to an agreement under sub. (2)
7(c), the sheriff of any county that is a party to the agreement shall immediately
8attempt to inform the individual in person. If an individual is notified of the
9revocation or suspension in person, the individual shall immediately relinquish the
10license document to the sheriff. If the sheriff is unable to inform the individual in
11person or if the individual resides in a county other than the sheriff's county or a
12county that is a party to an agreement under sub. (2) (c) with the sheriff's county, the
13sheriff shall send the individual notice of the revocation or suspension by certified
14mail within one day after the revocation or suspension. Within 7 days after receiving
15the notice, the individual whose license has been revoked or suspended shall deliver
16the license document personally or by certified mail to the sheriff.
AB529-ASA3,22,19
17(14m) Appeals. (a) A person aggrieved by any action by a sheriff under this
18section may appeal directly to the circuit court of the sheriff's county or, if applicable,
19to the circuit court of the county of issuance designated under sub. (2) (c).
AB529-ASA3,23,220
(b) To begin an appeal under this subsection, the aggrieved person shall file a
21petition for review with the clerk of the applicable circuit court within 30 days after
22the date of the sheriff's action or, if applicable, within 30 days after the date of the
23notice provided to the person under sub. (9) (b) 2. The petition shall state the
24substance of the sheriff's action that the person is appealing from and the grounds
25upon which the person believes the sheriff's action to be improper. The petition may
1include a copy of any records or documents that are relevant to the grounds upon
2which the person believes the sheriff's action to be improper.
AB529-ASA3,23,53
(c) A copy of the petition shall be served upon the sheriff either personally or
4by registered or certified mail within 5 days after the person files his or her petition
5under par. (b).
AB529-ASA3,23,96
(d) The sheriff shall file an answer within 15 days after being served with the
7petition under par. (c). The answer shall include a brief statement of the actions
8taken by the sheriff, and a copy of any documents or records on which the sheriff
9based his or her action shall be included with the answer when filed.
AB529-ASA3,23,1510
(e) The court shall review the petition, answer, and any records or documents
11submitted with the petition or answer. The review under this paragraph shall be
12conducted by the court without a jury and shall be confined to the petition, answer
13and any records or documents submitted with the petition or answer, except that in
14cases of alleged irregularities in procedure by the sheriff the court may take
15testimony that the court determines is appropriate.
AB529-ASA3,23,1716
(f) The court shall affirm the sheriff's action unless the court finds any of the
17following:
AB529-ASA3,23,1818
1. That the sheriff failed to follow procedure prescribed under this section.
AB529-ASA3,23,2019
2. That the sheriff erroneously interpreted a provision of law and a correct
20interpretation compels a different action.
AB529-ASA3,23,2221
3. That the sheriff's action depends on a finding of fact that is not supported
22by substantial evidence in the record.
AB529-ASA3,23,2423
(g) The court's decision shall provide whatever relief is appropriate regardless
24of the original form of the petition.
AB529-ASA3,24,4
1(15) License expiration and renewal. (a) Except as provided in sub. (9r) (c)
21., a license issued under this section is valid for a period of 5 years after the date on
3which the license is issued unless the license is suspended or revoked under sub. (9r)
4(c) 3. or (14).
AB529-ASA3,24,85
(b) At least 90 days before the expiration date of a license issued under this
6section, the sheriff who issued the license shall mail to the licensee a notice of
7expiration and a form for renewing the license. The sheriff shall renew the license
8if, before the date the license expires, the licensee does all of the following:
AB529-ASA3,24,99
1. Submits a renewal application on the form provided by the sheriff.
AB529-ASA3,24,1210
2. Submits a notarized affidavit swearing under oath that the information
11provided under subd. 1. is true and complete to the best of his or her knowledge and
12that he or she is qualified under subs. (3) and (4).
AB529-ASA3,24,1313
4. Pays all of the following:
AB529-ASA3,24,1614
a. A fee set by the sheriff that does not exceed the cost to a sheriff of renewing
15a license issued under this section, including the cost of equipment purchase or
16rental.
AB529-ASA3,24,1717
b. The fee for a firearms restrictions record search specified in sub. (9g) (c).
AB529-ASA3,24,1818
c. A shooting range improvement fee of $15.
AB529-ASA3,24,1919
d. A law enforcement excellence fund fee of $15.
AB529-ASA3,24,2220
(c) The sheriff shall request the department to conduct a firearms restrictions
21record search of a licensee as provided under sub. (9g) before renewing the licensee's
22license under par. (b).
AB529-ASA3,24,2423
(d) 1. Except as provided in subd. 2., if an individual submits an application
24under par. (b) to renew an expired license he or she shall be assessed a late fee of $15.
AB529-ASA3,25,4
12. If an individual whose license has expired does not submit a renewal
2application under par. (b) before 6 months after the expiration date, the license shall
3permanently expire. An individual whose license has permanently expired may be
4issued a new license if he or she applies for a license as provided under sub. (7).
AB529-ASA3,25,6
5(16) Prohibited activity. No licensee may carry a concealed weapon in any of
6the following places:
AB529-ASA3,25,77
(a) A place that has been declared a nuisance under ch. 823.