Amendment ASA3-AB529

AB529-ASA3,23,20 2. That the sheriff erroneously interpreted a provision of law and a correct interpretation compels a different action.

AB529-ASA3,23,22 3. That the sheriff's action depends on a finding of fact that is not supported by substantial evidence in the record.

AB529-ASA3,23,24 (g) The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.

AB529-ASA3,24,4 (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. (9r) (c) 3. or (14).

AB529-ASA3,24,8 (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 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:

AB529-ASA3,24,9 1. Submits a renewal application on the form provided by the sheriff.

AB529-ASA3,24,12 2. Submits a notarized affidavit swearing under oath that the information provided under subd. 1. is true and complete to the best of his or her knowledge and that he or she is qualified under subs. (3) and (4).

AB529-ASA3,24,13 4. Pays all of the following:

AB529-ASA3,24,16 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.

AB529-ASA3,24,17 b. The fee for a firearms restrictions record search specified in sub. (9g) (c).

AB529-ASA3,24,18 c. A shooting range improvement fee of $15.

AB529-ASA3,24,19 d. A law enforcement excellence fund fee of $15.

AB529-ASA3,24,22 (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).

AB529-ASA3,24,24 (d) 1. Except as provided in subd. 2., if an individual submits an application under par. (b) to renew an expired license he or she shall be assessed a late fee of $15.

AB529-ASA3,25,4 2. If an individual whose license has expired does not submit a renewal application under par. (b) before 6 months after the expiration date, the license shall permanently expire. An individual whose license has permanently expired may be issued a new license if he or she applies for a license as provided under sub. (7).

AB529-ASA3,25,6 (16) Prohibited activity. No licensee may carry a concealed weapon in any of the following places:

AB529-ASA3,25,7 (a) A place that has been declared a nuisance under ch. 823.

AB529-ASA3,25,11 (b) A police station, sheriff's office, or state patrol station. This paragraph 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.

AB529-ASA3,25,12 (c) A prison, jail, house of correction, or secured correctional facility.

AB529-ASA3,25,16 (d) 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.

AB529-ASA3,25,19 (e) 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.

AB529-ASA3,25,20 (f) A school administration building.

AB529-ASA3,25,22 (g) 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.

AB529-ASA3,25,24 (h) An airport, unless the weapon is encased for shipment as baggage to be transported by aircraft.

AB529-ASA3,25,25 (i) A place in which the carrying of a weapon is prohibited under s. 948.61.

AB529-ASA3,26,1 (j) A place in which the carrying of a weapon is prohibited by federal law.

AB529-ASA3,26,3 (17) Penalties. (a) A licensee who violates sub. (2g) (b) or (c) may be required to forfeit not more than $25.

AB529-ASA3,26,5 (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.

AB529-ASA3,26,7 (d) Any person who intentionally does any of the following may be fined not more than $10,000 or imprisoned for not more than 10 years or both:

AB529-ASA3,26,9 1. Makes a false statement to a sheriff in requesting or in connection with the issuance of an emergency license under sub. (9r).

AB529-ASA3,26,11 2. Fails to relinquish or deliver a license document to a sheriff, if the person is required to do so under sub. (14) (b) 2.

AB529-ASA3,26,15 (18) Access to records. Records created or kept under this section by the department, a sheriff, or a clerk, as defined in sub. 11 (d) 1., other than reports created under sub. (19) or records created under sub. (20), are not subject to access under s. 19.35.

AB529-ASA3,26,23 (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.

AB529-ASA3,27,6 (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.

AB529-ASA3,27,12 (20) Law enforcement excellence fund. (a) If a county's sheriff issues licenses under sub. (2) (a) or is a party to an agreement under sub. (2) (c), the county board shall establish a law enforcement excellence fund. All money received by a sheriff from payments made 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.

AB529-ASA3,27,15 (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.

AB529-ASA3, s. 9 Section 9. 440.26 (3r) of the statutes is created to read:

AB529-ASA3,27,20 440.26 (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.

AB529-ASA3, s. 10 Section 10. 941.23 of the statutes is renumbered 941.23 (1) and amended to read:

AB529-ASA3,27,25 941.23 (1) Any person except a peace officer or an individual holding a valid license under s. 175.50 who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.

AB529-ASA3, s. 11 Section 11. 941.23 (2) of the statutes is created to read:

AB529-ASA3,28,6 941.23 (2) An individual formerly licensed under s. 175.50 whose license has been revoked or suspended under s. 175.50 (14) may not assert his or her refusal to accept or failure to receive a notice of revocation or suspension mailed under s. 175.50 (14) (b) 2. as a defense to prosecution under sub. (1), regardless of whether the person has complied with s. 175.50 (12).

AB529-ASA3, s. 12 Section 12. 941.235 (2) of the statutes is amended to read:

AB529-ASA3,28,13 941.235 (2) This section does not apply to peace officers or armed forces or military personnel who go armed in the line of duty, to any individual holding a valid license under s. 175.50 to carry a concealed weapon who is carrying a concealed weapon as permitted under s. 175.50, or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police or the sheriff of any county to possess a firearm in any building under sub. (1).

AB529-ASA3, s. 13 Section 13. 941.295 (2) (bm) of the statutes is created to read:

AB529-ASA3,28,16 941.295 (2) (bm) Any individual holding a valid license to carry a concealed weapon under s. 175.50.

AB529-ASA3, s. 14 Section 14. 948.605 (2) (b) 4m. of the statutes is created to read:

AB529-ASA3,28,20 948.605 (2) (b) 4m. By an individual holding a valid license under s. 175.50 to carry a concealed weapon who is carrying a concealed weapon as permitted under s. 175.50;

AB529-ASA3,28,21 (End)