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.
AB529-ASA3,25,118
(b) A police station, sheriff's office, or state patrol station. This paragraph does
9not prohibit a peace officer who is acting within the scope of his or her employment
10from carrying a concealed weapon in a police station, sheriff's office or state patrol
11station.
AB529-ASA3,25,1212
(c) A prison, jail, house of correction, or secured correctional facility.
AB529-ASA3,25,1613
(d) A courthouse, except that a judge who is a licensee may carry a concealed
14weapon in a courthouse in which he or she is presiding in court or may permit in
15writing any other licensee to carry a concealed weapon in a courthouse in which he
16or she is presiding in court.
AB529-ASA3,25,1917
(e) A place at which a school, college, or professional athletic event is taking
18place, unless the event is related to firearms and the licensee is a participant in the
19event.
AB529-ASA3,25,2020
(f) A school administration building.
AB529-ASA3,25,2221
(g) Any premises for which a Class "B" or "Class B" license or permit has been
22issued under ch. 125, except as provided under s. 941.237.
AB529-ASA3,25,2423
(h) An airport, unless the weapon is encased for shipment as baggage to be
24transported by aircraft.
AB529-ASA3,25,2525
(i) A place in which the carrying of a weapon is prohibited under s. 948.61.
AB529-ASA3,26,1
1(j) A place in which the carrying of a weapon is prohibited by federal law.
AB529-ASA3,26,3
2(17) Penalties. (a) A licensee who violates sub. (2g) (b) or (c) may be required
3to forfeit not more than $25.
AB529-ASA3,26,54
(b) A licensee who violates sub. (16) may be fined not more than $1,000 or
5imprisoned for not more than 90 days or both.
AB529-ASA3,26,76
(d) Any person who intentionally does any of the following may be fined not
7more than $10,000 or imprisoned for not more than 10 years or both:
AB529-ASA3,26,98
1. Makes a false statement to a sheriff in requesting or in connection with the
9issuance of an emergency license under sub. (9r).
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2. Fails to relinquish or deliver a license document to a sheriff, if the person is
11required to do so under sub. (14) (b) 2.
AB529-ASA3,26,15
12(18) Access to records. Records created or kept under this section by the
13department, a sheriff, or a clerk, as defined in sub. 11 (d) 1., other than reports
14created under sub. (19) or records created under sub. (20), are not subject to access
15under s. 19.35.
AB529-ASA3,26,23
16(19) Statistical report. (a) By February 1 of each year, a sheriff who is issuing
17or renewing licenses under this section shall submit a statistical report to the
18department indicating the number of licenses applied for, issued, denied, suspended,
19and revoked under this section during the previous calendar year. For the licenses
20denied, the report shall indicate the reasons for the denials and the part of the
21application process during which the reasons for denial were discovered. For the
22licenses suspended or revoked, the report shall indicate the reasons for the
23suspensions and revocations.
AB529-ASA3,27,624
(b) By March 1 of each year, the department shall submit a statistical report
25to the legislature under s. 13.172 (2) and to the governor that is compiled from the
1reports submitted under par. (a) and that indicates the number of licenses applied
2for, issued, denied, suspended, and revoked under this section during the previous
3calendar year. For the licenses denied, the report shall indicate the reasons for the
4denials and the part of the application process in which the reasons for denial were
5discovered. For the licenses suspended, or revoked, the report shall indicate the
6reasons for the suspensions and revocations.
AB529-ASA3,27,12
7(20) Law enforcement excellence fund. (a) If a county's sheriff issues licenses
8under sub. (2) (a) or is a party to an agreement under sub. (2) (c), the county board
9shall establish a law enforcement excellence fund. All money received by a sheriff
10from payments made under subs. (7) (bt) and (15) (b) 4. d. shall be deposited in
11accordance with s. 59.25 (3) (u) 4. in the law enforcement excellence fund established
12under this subsection.
AB529-ASA3,27,1513
(b) A law enforcement excellence fund established under this subsection shall
14be used to improve law enforcement services in the county and may not be used to
15supplant or replace other funds otherwise available to the sheriff.
AB529-ASA3,27,2017
440.26
(3r) Carrying of concealed weapons by private detective. An
18individual who is licensed as a private detective under this section and who is
19licensed under s. 175.50 to carry a concealed weapon may carry a concealed weapon
20as permitted under s. 175.50, including while he or she acting as a private detective.
AB529-ASA3, s. 10
21Section
10. 941.23 of the statutes is renumbered 941.23 (1) and amended to
22read:
AB529-ASA3,27,25
23941.23 (1) Any person except a peace officer
or an individual holding a valid
24license under s. 175.50 who goes armed with a concealed and dangerous weapon is
25guilty of a Class A misdemeanor.
AB529-ASA3,28,62
941.23
(2) An individual formerly licensed under s. 175.50 whose license has
3been revoked or suspended under s. 175.50 (14) may not assert his or her refusal to
4accept or failure to receive a notice of revocation or suspension mailed under s. 175.50
5(14) (b) 2. as a defense to prosecution under sub. (1), regardless of whether the person
6has complied with s. 175.50 (12).
AB529-ASA3,28,138
941.235
(2) This section does not apply to peace officers or armed forces or
9military personnel who go armed in the line of duty
, to any individual holding a valid
10license under s. 175.50 to carry a concealed weapon who is carrying a concealed
11weapon as permitted under s. 175.50, or to any person duly authorized by the chief
12of police of any city, village or town, the chief of the capitol police or the sheriff of any
13county to possess a firearm in any building under sub. (1).
AB529-ASA3,28,1615
941.295
(2) (bm) Any individual holding a valid license to carry a concealed
16weapon under s. 175.50.
AB529-ASA3, s. 14
17Section
14. 948.605 (2) (b) 4m. of the statutes is created to read:
AB529-ASA3,28,2018
948.605
(2) (b) 4m. By an individual holding a valid license under s. 175.50 to
19carry a concealed weapon who is carrying a concealed weapon as permitted under s.
20175.50;