LRBs0239/1
MGD:cjs:ch
2001 - 2002 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 4,
TO 2001 ASSEMBLY BILL 529
November 1, 2001 - Offered by Representatives Schneider and Reynolds.
AB529-ASA4,1,4
1An Act to renumber and amend 941.23;
to amend 941.235 (2); and
to create
2175.50, 440.26 (3r), 941.23 (2), 941.295 (2) (bm) and 948.605 (2) (b) 4m. of the
3statutes;
relating to: licenses to carry a concealed weapon, granting
4rule-making authority, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB529-ASA4,1,7
6175.50 License to carry concealed weapon. (1) Definitions. In this
7section:
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(a) "Department" means the department of justice.
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(am) "Drunk driving offense" means any of the following:
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1. A violation of s. 346.63 or a local ordinance in conformity with that section.
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2. A violation of a law of a federally recognized American Indian tribe or band
12in this state in conformity with s. 346.63.
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13. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m),
2that prohibits use of a motor vehicle while intoxicated, while under the influence of
3a controlled substance, a controlled substance analog, or a combination thereof, with
4an excess or specified range of alcohol concentration, or under the influence of any
5drug to a degree that renders the person incapable of safely driving, as those or
6substantially similar terms are used in that jurisdiction's laws.
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(b) "Firearms restrictions record search" has the meaning given in s. 175.35 (1)
8(at).
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(c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
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(d) "Licensee" means an individual holding a valid license to carry a concealed
11weapon issued under this section.
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(e) "Misdemeanor crime of violence" means any of the following:
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1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation
14of s. 947.01.
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2. A crime under federal law or the law of another state that is comparable to
16a crime described in subd. 1.
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(f) "Weapon" means a handgun, as defined in s. 175.35 (1) (b), an electric
18weapon, as defined in s. 941.295 (4), a tear gas gun, a knife other than a switchblade
19knife under s. 941.24, or a billy club. "Weapon" does not include a machine gun, as
20defined in s. 941.27 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a
21short-barreled shotgun, as defined in s. 941.28 (1) (c).
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22(2) Issuance of license. (a) Except as provided in pars. (b) and (c), each county,
23through its sheriff, shall issue licenses to carry a concealed weapon to an individual
24who meets the qualifications specified in subs. (3) and (4) and who completes the
1application process specified in sub. (7). A license to carry a concealed weapon issued
2under this section shall meet the requirements specified in sub. (2m).
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(b) A sheriff may, but is not required to, issue licenses to carry a concealed
4weapon under this section if, before the first day of the 4th month beginning after the
5effective of this paragraph .... [revisor inserts date], all of the following occur:
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1. The sheriff requests the county board of the sheriff's county to authorize him
7or her to decline to issue licenses to carry a concealed weapon under this section.
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2. After receiving a request from the sheriff under subd. 1., the county board
9of the sheriff's county grants the sheriff's request by a two-thirds vote of all the
10members of the board.
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(c) Any 2 or more sheriffs may by agreement jointly exercise powers granted
12to them and discharge duties imposed on them under this section. An agreement for
13joint issuance of licenses to carry a concealed weapon under this section may be
14entered into at any time and shall satisfy all of the following criteria:
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1. The agreement shall be in writing.
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2. The agreement shall be approved by the county board of the county of each
17sheriff who is a party to the agreement.
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2m. The agreement shall specify how the powers and duties that are the subject
19of the agreement are to be allocated among the sheriffs that are parties to the
20agreement.
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3. The agreement shall specify how costs incurred and moneys received under
22this section shall be apportioned among the sheriffs who are a party to the agreement
23and their respective counties.
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4. The agreement shall designate one county to be identified as the county of
25issuance.
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15. If a sheriff who is party to an agreement has issued licenses under this
2section before entering into the agreement, the agreement shall provide for the
3renewal of any licenses that were issued by that sheriff before he or she entered into
4the agreement.
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5(2g) Carrying a concealed weapon; carrying and display of license. (a) A
6licensee may carry a concealed weapon anywhere in this state except as provided
7under sub. (16).
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(b) A licensee shall carry his or her license at all times during which he or she
9is carrying a concealed weapon.
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(c) If he or she is carrying a concealed weapon, a licensee shall display his or
11her license to a law enforcement officer upon the request of the law enforcement
12officer.
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13(2m) License document; content of license. (a) Subject to pars. (b), (c), and
14(d), the department shall design the license document for licenses issued under this
15section. The department shall complete the design of the license document no later
16than the first day of the 4th month beginning after the effective date of this
17paragraph .... [revisor inserts date], and shall distribute the design for the license
18document to any sheriff who issues licenses under sub. (2) (a) or (c) for the sheriff to
19use for licenses that he or she issues under this section.
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(am) The department shall establish a unique code number for each county of
21this state for use as a prefix to the identification number required under par. (c) 8.
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(b) A license issued under this section shall be a single document, with the
23information specified in par. (c) appearing on one side.
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(c) One side of the license document shall include all of the following:
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1. The full name, date of birth, and residence address of the licensee.
AB529-ASA4,5,1
12. A color photograph of the licensee.
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3. A physical description of the licensee, including gender, height, weight, and
3hair and eye color.
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4. The date on which the license was issued.
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5. The date on which the license expires.
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6. The name of this state.
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7. The name of the county that issues the license.
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8. A unique identification number for each licensee that begins with the code
9number, established by the department under par. (am), for the county.
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(d) A license document issued under this section shall be, to the maximum
11extent possible, tamper proof and shall be produced using the same or similar
12equipment used by the department of transportation to produce an operator's license
13under s. 343.17.
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14(3) Qualifications a person must have to get a license. An individual is
15eligible for a license under this section if all of the following apply:
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(a) The individual is at least 21 years of age.
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(b) The individual is a resident of the United States.
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(c) The individual does not have a physical disability that prevents him or her
19from safely handling a weapon.
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(d) The individual is not prohibited from possessing a firearm under s. 941.29.
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(e) During the preceding 3 years, the individual has not been civilly committed
22under s. 51.20 for being drug dependent.
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(f) During the preceding 3 years, the individual has not been convicted for any
24violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch.
1961 or of federal law or a law of another state that is comparable to any provision of
2ch. 961.
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(g) The individual does not chronically and habitually use alcohol beverages or
4other substances to the extent that his or her normal faculties are impaired. A person
5is presumed chronically and habitually to use alcohol beverages or other substances
6to the extent that his or her normal faculties are impaired if, within the preceding
73 years, any of the following applies:
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1. The individual has been committed for involuntary treatment under s. 51.45
9(13).
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2. The individual has been convicted of a violation of s. 941.20 (1) (b).
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3. In 2 or more cases arising out of separate incidents, a court has found the
12individual to have committed a drunk driving offense.
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(i) The individual has done one of the following:
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2. Successfully completed a National Rifle Association firearm training or
15firearm safety course.
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3. Successfully completed a firearm training or firearm safety course or class
17conducted by an instructor certified either by the state in which the course was
18conducted or by the National Rifle Association.
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4. Successfully completed a firearm safety or firearm training course or class
20that is available to the general public and that is offered by a law enforcement agency,
21a private or public school, institution, or organization, or a firearm training school,
22if the course or class uses instructors certified by the National Rifle Association or
23the department or if the curriculum meets the minimum requirements of the law
24enforcement standards board.
AB529-ASA4,7,3
15. Successfully completed a firearm safety or firearm training course or class
2offered for law enforcement officers, correctional officers, special deputies, private
3detectives licensed under s. 440.26, or other security or law enforcement personnel.
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6. Participated in organized shooting competitions or military training that
5gave the applicant experience with firearms that the sheriff determines is
6substantially equivalent to any course or class specified in subds. 2. to 5.
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7. Participated in military firearms training that gave the applicant experience
8with firearms that the sheriff determines is substantially equivalent to any course
9or class specified in subds. 2. to 5., if the applicant is serving in the U.S. armed forces
10or has received a discharge from the armed forces under conditions other than
11dishonorable.
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(j) The individual has not been found incompetent under ch. 880 or, if the
13individual has been found incompetent under ch. 880, he or she was subsequently
14found to be competent and at least 5 years have elapsed from the date that he or she
15was found to be competent.
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(k) The individual has not been involuntarily committed for treatment under
17s. 51.20 due to mental illness or a developmental disability or, if the individual has
18been involuntarily committed for treatment under s. 51.20 due to mental illness or
19a developmental disability, he or she shows, through evidence from a psychiatrist
20licensed in this state, that he or she has not been disabled due to mental illness or
21a developmental disability for at least 5 years.
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(kg) The individual has not been found incompetent under s. 971.14 or, if the
23individual has been found incompetent under s. 971.14, one of the following applies:
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1. He or she was subsequently found to be competent and at least 5 years have
25elapsed from the date that he or she was found to be competent.
AB529-ASA4,8,3
12. He or she was not subsequently found to be competent and he or she shows,
2through evidence from a psychiatrist licensed in this state, that he or she has not
3been disabled due to mental illness or a developmental disability for at least 5 years.
AB529-ASA4,8,84
(km) The individual has not been been found not guilty by reason of mental
5disease or defect under s. 971.17 or, if the individual has been found not guilty by
6reason of mental disease or defect under s. 971.17, he or she presents evidence from
7a psychiatrist licensed in this state that he or she has not been disabled due to mental
8illness or a developmental disability for at least 5 years.
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(L) The individual has not been charged with a felony or a misdemeanor crime
10of violence for which the prosecution was suspended under a deferred prosecution
11agreement unless 3 years have elapsed since the charge was dismissed.
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(m) The individual has not previously submitted an application for a license
13under this section to another county and had the application denied, unless each
14reason for the denial is no longer applicable because of changed circumstances.
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(n) The individual has not had a license that was issued under this section
16revoked unless each reason for the revocation is no longer applicable because of
17changed circumstances.