December 27, 2001 - Introduced by Senators Zien, Huelsman, Welch, A. Lasee, S.
Fitzgerald and Schultz, cosponsored by Representatives Gunderson,
Huebsch, Starzyk, Schneider, Bies, McCormick, Sykora, Nass, Hines, Stone,
Lippert, J. Fitzgerald, Grothman, Gundrum, Pettis, Reynolds, Suder, F.
Lasee, Owens, Hundertmark, Musser, Petrowski, Albers and Seratti.
Referred to Committee on Judiciary, Consumer Affairs, and Campaign
Finance Reform.
SB357,1,6
1An Act to renumber and amend 941.23;
to amend 25.29 (1) (a), 165.82 (2),
2440.26 (3m) and 941.235 (2); and
to create 20.370 (5) (csr), 20.455 (2) (gp),
329.595, 59.25 (3) (u), 167.31 (4) (ar), 175.50, 941.23 (2), 941.295 (2) (bm), 946.32
4(3) and 948.605 (2) (b) 4m. of the statutes;
relating to: licenses to carry a
5concealed weapon, requiring the exercise of rule-making authority, making
6appropriations, and providing penalties.
Analysis by the Legislative Reference Bureau
Currently, no person other than a peace officer may carry a concealed and
dangerous weapon. A person who violates this prohibition may be fined not more
than $10,000 or imprisoned for not more than nine months or both. In addition,
current law prohibits, with certain exceptions, being armed with a firearm while in
a public building, in or on the grounds of a school, or within 1,000 feet of the grounds
of a school. Current law also prohibits, with certain exceptions, going armed with
a handgun on any premises (such as a tavern) that has a license or permit to sell
alcohol beverages for consumption on those premises. A person who violates these
prohibitions may be fined not more than $10,000 or imprisoned for not more than
nine months or both, except that a person who goes armed in a public building may
be fined not more than $1,000 or imprisoned for not more than 90 days or both.
This bill creates a procedure by which a person may apply to a county sheriff
for a license to carry a concealed weapon. Such a license authorizes a person to carry
a concealed weapon anywhere in this state except in particular places specified
under the bill. These specified places include police stations, sheriffs' offices, state
patrol stations, prisons and jails, any premises (such as a tavern) that has a license
or permit to sell alcohol beverages for consumption on those premises, a school
administration building, an airport, and any place in which the carrying of a weapon
is prohibited by federal law.
Under the bill, a county sheriff must issue a license to carry a concealed weapon
to a person who meets the qualifications established in the bill for the license unless
the county board of the sheriff's county decides by a two-thirds vote, taken before the
fourth month after the bill becomes law, to authorize the sheriff not to issue concealed
weapons licenses. The county board's vote does not prohibit the sheriff from issuing
licenses; he or she may still choose to do so. The bill also allows two or more sheriffs
to enter into cooperative agreements under which the sheriffs may jointly issue
licenses to carry a concealed weapon or exercise their other responsibilities under the
bill.
The bill specifies the requirements that a person must satisfy in order to qualify
for a license to carry a concealed weapon. Included among the requirements that a
person must satisfy are the following: 1) he or she must be at least 21 years old; 2)
he or she does not have a physical disability that prevents him or her from safely
handling a weapon; 3) he or she must be eligible to possess a firearm under federal
law; 4) he or she must not be prohibited from possessing a firearm due to a felony
conviction, a juvenile delinquency adjudication, an order issued in a civil mental
commitment case, or any other order prohibiting the person from possessing a
firearm; 5) he or she must not have been committed for the treatment of drug
dependency during the preceding three years; 6) he or she must not have been
convicted of an offense relating to controlled substances during the preceding three
years; 7) he or she must not chronically or habitually use alcohol or other substances
to the extent that his or her normal faculties are impaired; 8) he or she must have
successfully completed one of several specified firearms training or safety courses;
9) he or she must not have been subject to a finding of incompetency, found not guilty
of a crime by reason of mental disease or mental defect, or involuntarily committed
for treatment of mental illness during the preceding five years; 10) he or she must
not have been convicted of one of a set of specified misdemeanors involving violence
or serving a sentence for committing such a misdemeanor within the preceding three
years; and 11) he or she must be a Wisconsin resident. In addition, the bill requires
a sheriff to conduct a background check of a person who applies for a license to carry
a concealed weapon to help determine the person's eligibility for a license. The
background check requirement does not apply to a person applying for a license if the
person is a law enforcement officer, a correctional officer, a probation and parole
agent, or a person holding a current certification from the law enforcement
standards board.
In addition, the bill does all of the following:
1. Allows a sheriff to issue an emergency license to an individual if the sheriff
determines that immediate licensure is warranted to protect the individual from
death or great bodily harm.
2. Provides that a license to carry a concealed weapon is valid for five years and
establishes a renewal procedure that includes a background check of the person
renewing the license.
3. Requires a sheriff to revoke a license to carry a concealed weapon if the
licensee no longer meets all of the requirements for licensure.
4. Requires a sheriff to suspend a license to carry a concealed weapon if the
licensee is charged with an offense that may ultimately require its revocation.
5. Provides that a person whose application for a license is denied or whose
license is suspended or revoked by the sheriff may appeal the sheriff's action to
circuit court for review by a judge.
6. Specifies the information that must be on a license to carry a concealed
weapon and an application for such a license and requires the department of justice
(DOJ) to design the form of the license and the license application and renewal forms.
7. Requires the sheriff to provide information to DOJ concerning a person
licensed to carry a concealed weapon, and requires DOJ to keep a computerized list
of persons licensed to carry a concealed weapon. The list kept by DOJ is available
only to law enforcement agencies in certain specified circumstances.
8. Requires the clerk of each court to notify the sheriff of court proceedings that
would require suspension or revocation of a license.
9. Requires each licensee to notify the sheriff within ten days after being
charged with a crime or a drunk driving offense under federal law or the law of
another state.
10. Requires a person who applies for a license to carry a concealed weapon to
pay a shooting range improvement fee, which is to be used by the department of
natural resources to provide grants for the construction and improvement of
shooting ranges.
11. Requires a person who applies for a license to carry a concealed weapon to
pay a law enforcement excellence fund fee, which is to be used by the sheriff to
improve law enforcement services in his or her county.
12. Treats a license or permit issued by another state in the same manner as
a license issued under this bill.
The bill also establishes the following penalties for offenses relating to licenses
to carry a concealed weapon. First, a person who fails to carry his or her license
document while carrying a concealed weapon may be required to forfeit $25. Second,
a person who is licensed to carry a concealed weapon and who carries a concealed
weapon in a place where the license does not authorize him or her to do so may be
fined not more than $1,000 or imprisoned for not more than 90 days or both. Third,
a person who does any of the following shall be fined not less than $500 nor more than
$10,000 and may be imprisoned for not more than nine months: 1) intentionally
makes a false statement in an application for a license; 2) intentionally fails to report
being charged under federal law or the law of another state with any crime or any
drunk driving offense within ten days after being charged; or 3) intentionally fails
to relinquish a license document to a sheriff after the license has been revoked.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB357, s. 1
1Section
1. 20.370 (5) (csr) of the statutes is created to read:
SB357,4,52
20.370
(5) (csr)
Recreation aids — grants for shooting ranges. All moneys
3received from the shooting range improvement fee under s. 175.50 (7) (bp) and (15)
4(b) 4. c. for the purpose of making grants and administering the grant program under
5s. 29.595.
SB357, s. 2
6Section
2. 20.455 (2) (gp) of the statutes is created to read:
SB357,4,97
20.455
(2) (gp)
Concealed weapons licenses background check. All moneys
8received as fee payments under s. 175.50 (7) (bh) and (15) (b) 4. b. to provide services
9under s. 175.50.
SB357, s. 3
10Section
3. 25.29 (1) (a) of the statutes is amended to read:
SB357,4,1611
25.29
(1) (a) Except as provided in ss. 25.293 and 25.295, all moneys accruing
12to the state for or in behalf of the department under chs. 26, 27, 28, 29 and 350,
13subchs. I and VI of ch. 77 and ss. 23.09 to 23.31, 23.325 to 23.42, 23.50 to 23.99, 30.50
14to 30.55, 70.58, 71.10 (5)
and, 71.30 (10)
, and 175.50 (7) (bp) and (15) (b) 4. c.,
15including grants received from the federal government or any of its agencies except
16as otherwise provided by law.
SB357, s. 4
17Section
4. 29.595 of the statutes is created to read:
SB357,4,21
1829.595 Grants for shooting ranges. (1) The department may award grants
19to persons for construction or improvement of shooting ranges. A grant awarded
20under this section shall be paid from the appropriation account under s. 20.370 (5)
21(csr).
SB357,5,3
1(2) A grant awarded under this section may be for up to 50% of the cost of the
2construction or improvement of the shooting range. A grant awarded under this
3section may not be used to pay for any of the following:
SB357,5,54
(a) The construction of clubhouses and facilities that are not essential to the
5operation of the shooting range.
SB357,5,66
(b) The operation and maintenance of the shooting range.
SB357,5,10
7(3) In order to receive a grant under this section, the person creating or
8improving a shooting range shall agree to provide, for a fee of not more than $20, a
9firearm safety course that will qualify an individual to satisfy the requirements
10under s. 175.50 (3) (h) for a license to carry a concealed weapon.
SB357,5,14
11(4) In determining whether to make a grant under this section, the department
12shall consider the potential of the project to meet the needs of firearm safety courses
13in the area served by the shooting range relative to the proposed cost of the
14construction or improvement.
SB357,5,16
15(5) The department shall promulgate rules establishing a procedure for
16applying for grants under this section.
SB357, s. 5
17Section
5. 59.25 (3) (u) of the statutes is created to read:
SB357,5,2018
59.25
(3) (u) 1. Subject to the terms of an agreement under s. 175.50 (2) (c),
19deposit all moneys received under s. 175.50 (7) (bd), (13), and (15) (b) 4. a. and (d) 1.
20in the general fund of the county.
SB357,5,2321
2. Forward all moneys received under s. 175.50 (7) (bh) and (15) (b) 4. b. to the
22state treasurer for payment of firearms restrictions record searches conducted under
23s. 175.50 (9g) at the request of the county's sheriff.
SB357,6,3
13. Forward all moneys received under s. 175.50 (7) (bp) and (15) (b) 4. c. to the
2state treasurer for deposit in the conservation fund to be credited to the
3appropriation account under s. 20.370 (5) (csr).
SB357,6,74
4. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all
5moneys received from payments made under s. 175.50 (7) (bt) and (15) (b) 4. d. in the
6law enforcement excellence fund established under s. 175.50 (20) and make
7payments from the fund for the purposes of s. 175.50 (20) (b).
SB357, s. 6
8Section
6. 165.82 (2) of the statutes is amended to read:
SB357,6,119
165.82
(2) Except as provided in
s.
ss. 175.35
and 175.50, the department of
10justice shall not impose fees for criminal history searches for purposes related to
11criminal justice.
SB357, s. 7
12Section
7. 167.31 (4) (ar) of the statutes is created to read:
SB357,6,1613
167.31
(4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply
14to the placement, possession, transportation, or loading of a firearm by a person who
15holds a valid license to carry a concealed weapon issued under s. 175.50 or an
16out-of-state licensee, as defined in s. 175.50 (1) (g).
SB357, s. 8
17Section
8. 175.50 of the statutes is created to read:
SB357,6,19
18175.50 License to carry concealed weapon. (1) Definitions. In this
19section:
SB357,6,2020
(a) "Department" means the department of justice.
SB357,6,2121
(am) "Drunk driving offense" means any of the following:
SB357,6,2222
1. A violation of s. 346.63 or a local ordinance in conformity with that section.
SB357,6,2423
2. A violation of a law of a federally recognized American Indian tribe or band
24in this state in conformity with s. 346.63.
SB357,7,6
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 while under the influence of
5any drug to a degree that renders the person incapable of safely driving, as those or
6substantially similar terms are used in that jurisdiction's laws.
SB357,7,87
(b) "Firearms restrictions record search" has the meaning given in s. 175.35 (1)
8(at).
SB357,7,99
(c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
SB357,7,1110
(d) "Licensee" means an individual holding a valid license to carry a concealed
11weapon issued under this section.
SB357,7,1212
(e) "Misdemeanor crime of violence" means any of the following:
SB357,7,1413
1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation
14of s. 947.01.
SB357,7,1615
2. A crime under federal law or the law of another state that is comparable to
16a crime described in subd. 1.
SB357,7,1917
(f) "Out-of-state authorization" means a valid permit or a valid license issued
18by another state documenting that a person is authorized under the law of that state
19to carry a concealed weapon in that state.
SB357,7,2320
(g) "Out-of-state licensee" means an individual who has been issued an
21out-of-state authorization and who is not prohibited from possessing a firearm
22under s. 941.29 or from possessing a firearm that has been transported in interstate
23or foreign commerce under federal law.
SB357,8,324
(h) "Weapon" means a handgun, as defined in s. 175.35 (1) (b), an electric
25weapon, as defined in s. 941.295 (4), a tear gas gun, a knife other than a switchblade
1knife under s. 941.24, or a billy club. "Weapon" does not include a machine gun, as
2defined in s. 941.27 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a
3short-barreled shotgun, as defined in s. 941.28 (1) (c).
SB357,8,8
4(2) Issuance of license. (a) Except as provided in pars. (b) 1. and (c), each
5county, through its sheriff, shall issue licenses to carry a concealed weapon to an
6individual who meets the qualifications specified in sub. (3) and who completes the
7application process specified in sub. (7). A license to carry a concealed weapon issued
8under this section shall meet the requirements specified in sub. (2m).
SB357,8,119
(b) 1. A sheriff may, but is not required to, issue licenses to carry a concealed
10weapon under this section if, before the first day of the 4th month beginning after the
11effective date of this subdivision .... [revisor inserts date], all of the following occur:
SB357,8,1312
a. The sheriff requests the county board of the sheriff's county to authorize him
13or her to decline to issue licenses to carry a concealed weapon under this section.
SB357,8,1614
b. After receiving a request from the sheriff under subd. 1. a., the county board
15of the sheriff's county grants the sheriff's request by a two-thirds vote of all the
16members of the board.
SB357,8,1817
2. At any time the county board may rescind the authorization it grants under
18subd. 1. by a two-thirds vote of all members of the board.
SB357,8,2219
(c) Any 2 or more sheriffs may by agreement jointly exercise powers granted
20to them and discharge duties imposed on them under this section. An agreement for
21joint issuance of licenses to carry a concealed weapon under this section may be
22entered into at any time and shall satisfy all of the following criteria:
SB357,8,2323
1. The agreement shall be in writing.
SB357,8,2524
2. The agreement shall be approved by the county board of the county of each
25sheriff who is a party to the agreement.
SB357,9,3
12m. The agreement shall specify how the powers and duties that are the subject
2of the agreement are to be allocated among the sheriffs that are parties to the
3agreement.
SB357,9,64
3. The agreement shall specify how costs incurred and moneys received under
5this section shall be apportioned among the sheriffs who are a party to the agreement
6and their respective counties.
SB357,9,87
4. The agreement shall designate one county to be identified as the county of
8issuance.
SB357,9,129
5. If a sheriff who is party to an agreement has issued licenses under this
10section before entering into the agreement, the agreement shall provide for the
11renewal of any licenses that were issued by that sheriff before he or she entered into
12the agreement.
SB357,9,15
13(2g) Carrying a concealed weapon; carrying and display of license or
14authorization. (a) A licensee or an out-of-state licensee may carry a concealed
15weapon anywhere in this state except as provided under sub. (16).
SB357,9,1816
(b) A licensee shall carry his or her license and an out-of-state licensee shall
17carry his or her out-of-state authorization at all times during which he or she is
18carrying a concealed weapon.
SB357,9,2219
(c) If he or she is carrying a concealed weapon, a licensee shall display his or
20her license and an out-of-state licensee shall display his or her out-of-state
21authorization to a law enforcement officer upon the request of the law enforcement
22officer.
SB357,9,25
23(2m) License document; content of license. (a) Subject to pars. (b), (c), and
24(d), the department shall design the license document for licenses issued and
25renewed under this section. The department shall complete the design of the license
1document no later than the first day of the 4th month beginning after the effective
2date of this paragraph .... [revisor inserts date], and shall distribute the design for
3the license document to any sheriff who issues licenses under sub. (2) (a) or (c) for the
4sheriff to use for licenses that he or she issues under this section.
SB357,10,65
(am) The department shall establish a unique code number for each county of
6this state for use as a prefix to the identification number required under par. (c) 8.
SB357,10,87
(b) A license issued under this section shall be a single document, with the
8information specified in par. (c) appearing on one side.
SB357,10,99
(c) One side of the license document shall include all of the following:
SB357,10,1010
1. The full name, date of birth, and residence address of the licensee.
SB357,10,1111
2. A color photograph of the licensee.
SB357,10,1312
3. A physical description of the licensee, including gender, height, weight, and
13hair and eye color.