SB328: Bill Text

SB328,10,13 175.50 License to carry concealed weapon. (1) Definitions. In this section:

SB328,10,15 (a) "Applicant" means an individual seeking authorization from a sheriff under this section for the issuance of a license to carry a concealed weapon under s. 85.57.

SB328,10,17 (b) Except as provided in sub. (14m), "department" means the department of justice.

SB328,10,20 (c) "Firearm restriction area" means a motorboat, as defined in s. 30.50 (6), if the motor is running, a vehicle, as defined in s. 167.31 (1) (h), an aircraft, as defined in s. 114.002 (3), or a place described in s. 941.235 (1), 941.237 (2), or 948.60 (2) (a).

SB328,10,22 (d) "Firearms restrictions record search" has the meaning given in s. 175.35 (1) (at).

SB328,11,2 (e) "Law enforcement officer" means a person who is employed by the federal government, any state, a political subdivision of any state, or a tribe for the purpose of detecting and preventing crime and enforcing laws, ordinances, rules, and regulations and who is authorized to make arrests for violations of the laws, ordinances, rules, and regulations that he or she is employed to enforce.

SB328,11,4 (f) "License document" means a license document issued by the department of transportation under s. 85.57.

SB328,11,6 (g) "Licensee" means an individual holding a valid license to carry a concealed weapon issued under s. 85.57.

SB328,11,11 (h) "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).

SB328,11,15 (2) Issuance of license. Each county, through its sheriff, shall authorize the department of transportation to issue licenses to carry a concealed weapon under s. 85.57 to individuals who meet the qualifications specified in sub. (3) and who complete the application process specified in sub. (7).

SB328,11,20 (2g) Carrying a concealed weapon; carrying and display of license or authorization. (a) A licensee may carry a concealed weapon anywhere in this state except as provided under sub. (16). This paragraph does not apply to a licensee who is on duty as a person described in sub. (3) (c) 3. or 4. if the licensee's command authority has not authorized him or her to carry a concealed weapon while on duty.

SB328,11,25 (b) A licensee shall carry his or her license document at all times during which he or she is carrying a concealed weapon or carrying a weapon in a firearm restriction area. If he or she is carrying a concealed weapon or carrying a weapon in a firearm restriction area, a licensee shall display his or her license document to a law enforcement officer upon the request of the law enforcement officer.

SB328,12,5 (c) Neither the state nor a political subdivision of the state may deny employment to a licensee or discipline or discharge a licensee employed by the state or the political subdivision based on the licensee's possession of a concealed weapon consistent with the requirements of this section other than during his or her working hours or based on the licensee's status as a licensee.

SB328,12,7 (3) Qualifications a person must have to get a license. An individual is eligible for a license issued under s. 85.57 if all of the following apply:

SB328,12,9 (a) The individual is not prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.

SB328,12,10 (b) The individual is not prohibited from possessing a firearm under s. 941.29.

SB328,12,11 (c) The individual is one of the following:

SB328,12,13 1. A person who is employed and who has undergone weapons training as a condition of his or her employment.

SB328,12,14 2. A retired law enforcement officer.

SB328,12,15 3. A member of the U.S. armed forces other than one of its reserve components.

SB328,12,17 4. A member of a reserve component of the U.S. armed forces or a national guard member who has been been called into active service.

SB328,13,2 (5) Application forms. The department shall design an application form for use by individuals requesting that the sheriff authorize the issuance of a license under s. 85.57. The department shall complete the design of the application form no later than the 30th day beginning after the effective date of this subsection .... [revisor inserts date], and shall distribute the design for the form to all sheriffs for use in making the application forms described in this section. The form designed by the department under this subsection shall require the applicant to provide his or her name, address, date of birth, race, gender, height, weight, and hair and eye color and shall include all of the following:

SB328,13,4 (e) A statement that the applicant is eligible for a license if the requirements specified in sub. (3) are met.

SB328,13,7 (h) A statement that the application is being made under oath and that an applicant may be prosecuted if he or she gives a false answer to any question on the application or submits a falsified document with the application.

SB328,13,9 (i) A statement of the penalties for giving a false answer to any question on the application or submitting a falsified document with the application.

SB328,13,12 (6) Oath. An applicant shall swear under oath that the information that he or she provides in an application submitted under sub. (7) and any document submitted with the application is true and complete to the best of his or her knowledge.

SB328,13,14 (7) Submission of application. An applicant may apply with any sheriff and shall submit all of the following to the sheriff to whom he or she is applying:

SB328,13,16 (a) An application in the form prescribed under sub. (5) that has been sworn to as required under sub. (6).

SB328,13,17 (bh) The fee for a firearms restrictions record search specified in sub. (9g) (c).

SB328,13,19 (c) A fingerprint card bearing an index finger fingerprint of the applicant taken by the sheriff to whom the application is submitted.

SB328,13,21 (8) Fingerprinting by sheriff. A sheriff shall provide fingerprinting service at no additional charge to an applicant.

SB328,13,23 (9) Processing of application. (a) On receiving an application submitted under sub. (7), a sheriff shall do all of the following:

SB328,13,25 1. Using procedures established by rule by the department, the sheriff shall verify that the applicant meets the requirements of sub. (3) (c).

SB328,14,7 1m. Submit the fingerprint card of the applicant to the department for submission to the federal bureau of investigation or the automated fingerprint identification system for the purposes of verifying the identity of the person fingerprinted and obtaining his or her criminal arrest and conviction record. If the applicant's fingerprint card is not sufficiently legible for the federal bureau of investigation to use in verifying the applicant's identity and obtaining his or her arrest or conviction record, the applicant shall submit an additional fingerprint card.

SB328,14,9 2. Request the department to conduct a firearms restrictions record search, as provided under sub. (9g).

SB328,14,11 (b) Subject to par. (c), within 21 days after receiving an application under sub. (7), a sheriff shall do one of the following:

SB328,14,13 1. Authorize the department of transportation in writing to issue a license to carry a concealed weapon under s. 85.57.

SB328,14,16 2. Deny the application if the applicant fails to qualify under the criteria specified in sub. (3). If the sheriff denies the application, he or she shall inform the applicant in writing, stating the ground for denial.

SB328,14,22 (c) A sheriff may not authorize the department of transportation to issue a license under par. (b) 1. until 7 days, subject to extension under sub. (9g) (b) 3. c., have elapsed from the time that the sheriff has received a confirmation number regarding the firearms restrictions record search under sub. (9g) (b) 1. from the department, unless the department has notified the sheriff that its search does not indicate that the applicant does not qualify for a license under sub. (3) (a) or (b).

SB328,15,2 (9g) Firearms restrictions record searches. (a) A sheriff shall request the department to conduct a firearms restrictions record search by calling the department, using a toll-free telephone number provided by the department, and providing the department with the name, date of birth, gender, and race of the applicant.

SB328,15,4 (b) On receiving a request under par. (a), the department shall conduct a firearms restrictions record search using the following procedure:

SB328,15,6 1. The department shall provide the sheriff with a confirmation number confirming the receipt of the information under par. (a).

SB328,15,10 2. The department shall conduct the firearms restrictions record search regarding the applicant. In conducting a search under this subdivision, the department shall use the transaction information for management of enforcement system and the national crime information center system.

SB328,15,13 3. The department shall notify the sheriff, either during the initial telephone call or as soon thereafter as practicable, of the results of the firearms restrictions record search as follows:

SB328,15,17 a. If the search indicates that the applicant does not qualify for a license under sub. (3) (a) or (b), the department shall provide the sheriff with a unique nonapproval number. The department shall disclose to the sheriff the reason the applicant does not qualify for a license under sub. (3) (a) or (b).

SB328,15,20 b. If the search does not indicate that the applicant does not qualify for a license under sub. (3) (a) or (b), the department shall provide the sheriff with a unique approval number.

SB328,16,2 c. If the search indicates a criminal charge without a recorded disposition, the deadline under sub. (9) (c) is extended to the end of the 3rd complete working day commencing after the day on which the department learns of that charge. The department shall notify the sheriff of the extension as soon as practicable. During the extended period, the department shall make every reasonable effort to determine the disposition of the charge and notify the sheriff of the results as soon as practicable.

SB328,16,5 (c) The department shall charge a sheriff a fee of $8 for each firearms restrictions record search that the sheriff requests under par. (a). The sheriff shall collect the fee from the applicant.

SB328,16,10 (d) A sheriff shall maintain the original record of all completed application forms and a record of all confirmation numbers and corresponding approval or nonapproval numbers that he or she receives regarding firearms restrictions record searches under this subsection. The sheriff shall mail a duplicate copy of each completed application form to the department.

SB328,16,23 (e) 1. The department shall check each duplicate application form received under par. (d) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under this subsection. If the department previously provided a unique approval number regarding the request and nothing in the duplicate completed application form indicates that the applicant does not qualify for a license under sub. (3) (a) or (b), the department shall, except as provided in subd. 2., destroy all records regarding that firearms restrictions record search within 30 days after receiving the duplicate form. If the department previously provided a unique approval number regarding the request and the duplicate completed application form indicates that the applicant does not qualify for a license under sub. (3) (a) or (b), the department shall immediately notify the sheriff who authorized the issuance of the license, and the sheriff shall revoke the license.

SB328,17,3 2. The department may maintain records necessary to administer this subsection and, for a period of not more than 3 years after the department issues a unique approval number, a log of dates of requests for firearms restrictions record searches under this subsection together with confirmation numbers and unique approval and nonapproval numbers corresponding to those dates.

SB328,17,10 (10) Exemption from background check. Notwithstanding sub. (9) (a), a sheriff shall authorize the department of transportation to issue a license under s. 85.57 to any individual who is currently employed and who has undergone weapons training as a condition of his or her employment without requesting the background checks required under sub. (9) (a) upon verifying, using procedures established by rule by the department, the truthfulness of the information provided by the individual regarding his or her employment and weapons training.

SB328,17,14 (10q) Rules regarding verifying employment and identity. (a) The department shall promulgate rules establishing procedures for sheriffs to use in verifying that an applicant meets the requirements of sub. (3) (c) or is an individual described in sub. (10).

SB328,17,18 (b) In consultation with the department of transportation, the department of justice shall promulgate rules establishing procedures for the department of transportation to use in verifying the identity of a person requesting the issuance of a license to carry a concealed weapon under s. 85.57.

SB328,17,24 (11) Licensee information. (a) A sheriff who authorizes the department of transportation to issue an individual a license to carry a concealed weapon under s. 85.57 shall, within 5 days after notifying the department of transportation of that authorization, notify the department of justice of the authorization and provide the department of justice with the information required on the form under sub. (5) (intro.) concerning the individual.

SB328,18,5 (am) The department shall maintain a computerized record listing the names of all individuals whose applications under this section have been approved or who have been issued a license under s. 85.57 along with the information concerning each individual that is provided to the department by a sheriff under par. (a) or by the department of transportation under s. 85.57 (3) (b).

SB328,18,8 (c) The department and any sheriff shall provide information concerning a specific licensee to a law enforcement agency if the law enforcement agency is requesting the information for any of the following purposes:

SB328,18,10 1. To confirm that a license produced by an individual at the request of a law enforcement officer is valid.

SB328,18,13 2. To confirm that the individual holds a valid license under this section, if the individual is carrying a concealed weapon but is not carrying a license issued under this section and claims to hold a valid license issued under this section.

SB328,18,15 3. To investigate whether an individual intentionally falsely swore under sub. (6).

SB328,18,19 (12) Updated information. No later than 30 days after changing his or her address, a licensee shall inform the sheriff of the county that issued the license of his or her new address. The sheriff shall provide the individual's new address to the department for inclusion in the list under sub. (11) (am).

SB328,18,24 (13) Lost or destroyed license. Upon losing his or her license or if his or her license is destroyed, a licensee may submit to the sheriff of the county that issued the license a notarized statement that his or her license has been lost or destroyed. The sheriff shall authorize the department of transportation to reissue the license under s. 85.57 (5) upon receiving the notarized statement.

SB328,19,3 (14) License revocation. (a) A sheriff shall revoke a license that the department of transportation issued under s. 85.57 if the licensee no longer meets all of the criteria specified in sub. (3).

SB328,19,7 (b) If a sheriff revokes a license under this section, the revocation shall take effect immediately. Upon revoking an individual's license, the sheriff shall send the individual notice of the revocation by certified mail within one day after the revocation or suspension.

SB328,19,13 (c) Within 30 days after receiving a notice under par. (b), an individual whose license has been revoked shall deliver the license document personally or by certified mail to the sheriff. If a licensee becomes ineligible to possess a concealed weapon because he or she no longer meets the requirements of sub. (3) but does not receive a notice under par. (b), he or she shall, within 30 days after becoming ineligible, deliver the license document personally or by certified mail to the sheriff.

SB328,19,14 (14m) Appeals. (a) In this subsection:

SB328,19,18 1. "Action," with respect to a sheriff, means any refusal by the sheriff to authorize the department to issue a license under s. 85.57 or any revocation by the sheriff of a license issued under s. 85.57. "Action," with respect to the department, means any act or failure to act by the department.

SB328,19,19 2. "Department" means the department of transportation.

SB328,19,23 (am) A person aggrieved by any action by a sheriff under this section may appeal directly to the circuit court of the sheriff's county. A person aggrieved by any action of the department under s. 85.57 may appeal directly to the circuit court of the county in which the relevant department office is located.

SB328,20,7 (b) To begin an appeal under this subsection, the aggrieved person shall file a petition for review with the clerk of the applicable circuit court within 30 days after the date of the sheriff's or the department's action or, if applicable, within 30 days after the date of the notice provided to the person under sub. (9) (b) 2. The petition shall state the substance of the sheriff's or the department's action that the person is appealing from and the grounds upon which the person believes the sheriff's or the department's action to be improper. The petition may include a copy of any records or documents that are relevant to the grounds upon which the person believes the sheriff's or the department's action to be improper.

SB328,20,10 (c) A copy of the petition shall be served upon the sheriff or the department either personally or by registered or certified mail within 5 days after the person files his or her petition under par. (b).

SB328,20,15 (d) The sheriff or the department shall file an answer within 15 days after being served with the petition under par. (c). The answer shall include a brief statement of the actions taken by the sheriff or the department, and a copy of any documents or records on which the sheriff or the department based his or her action shall be included with the answer when filed.

SB328,20,22 (e) The court shall review the petition, the answer, and any records or documents submitted with the petition or the answer. The review under this paragraph shall be conducted by the court without a jury and shall be confined to the petition, the answer, and any records or documents submitted with the petition or the answer, except that in cases of alleged irregularities in procedure by the sheriff or the department the court may take testimony that the court determines is appropriate.

SB328,20,24 (f) The court shall affirm the sheriff's or the department's action unless the court finds any of the following:

SB328,21,2 1. That the sheriff or the department failed to follow procedure prescribed under this section.

SB328,21,4 2. That the sheriff or the department erroneously interpreted a provision of law and a correct interpretation compels a different action.

SB328,21,6 3. That the sheriff's or the department's action depends on a finding of fact that is not supported by substantial evidence in the record.

SB328,21,8 (g) The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.

SB328,21,10 (15) Duration of license. (a) Except as provided in par. (b), a license issued under s. 85.57 is permanent unless the license is revoked under sub. (9g) (e) 1. or (14).

SB328,21,12 (b) A license issued under s. 85.57 is void if the individual to whom the license was issued does not meet the requirements of sub. (3).

SB328,21,14 (16) Prohibited activity. A licensee may not carry a concealed weapon in a place in which the carrying of a weapon is prohibited by federal law.

SB328,21,16 (17) Penalties. (a) A licensee who violates sub. (2g) (b) may be required to forfeit not more than $25.

SB328,21,19 (b) Any person who intentionally falsely swears under sub. (6) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB328,21,21 (c) Any person who intentionally violates the requirements of sub. (14) (c) may be fined not more than $500 or imprisoned for not more than 30 days or both.

SB328,21,23 (18) Access to records. Records created or kept under this section by the department or a sheriff are not subject to access under s. 19.35.

SB328, s. 7 Section 7. 227.01 (5) of the statutes is amended to read:

SB328,22,8 227.01 (5) "License" includes all or any part of an agency permit, certificate, approval, registration, charter or similar form of permission required by law, except a motor vehicle operator's license issued under ch. 343, a vehicle registration certificate issued under ch. 341, a license required primarily for revenue purposes, a hunting or fishing approval or a similar license where issuance is merely a ministerial act, a license to carry a concealed weapon issued under s. 85.57, or an authorization under s. 175.50 for the issuance of a license to carry a concealed weapon.

SB328, s. 8 Section 8. 301.046 (3) (cm) of the statutes is created to read:

SB328,22,10 301.046 (3) (cm) The prisoner is not awaiting execution under a death sentence.