AB444-ASA1,3,319
29.091
(1) No person may hunt or trap within any wildlife refuge established
20under s. 23.09 (2) (b) or 29.621
(1), or
, except as provided in sub. (2), have possession
21or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded,
22the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
23within a carrying case. The taking of predatory game birds and animals shall be done
1as the department directs. All state wildlife refuge boundary lines shall be marked
2by posts placed at intervals of not over 500 feet and bearing signs with the words
3"Wisconsin Wildlife Refuge".
AB444-ASA1,3,85
29.091
(2) The prohibition of the possession or control of a loaded or unencased
6gun or firearm in sub. (1) does not apply to the possession of a handgun, as defined
7in s. 175.50 (1) (bm), by a person who holds a valid license to carry a concealed weapon
8issued under s. 175.50 or by an out-of-state licensee, as defined in s. 175.50 (1) (g).
AB444-ASA1, s. 5
9Section
5. 29.621 (4) of the statutes is renumbered 29.621 (4) (a) and amended
10to read:
AB444-ASA1,3,1711
29.621
(4) (a) Except as provided in s. 29.091
(1), no owner of a wildlife refuge,
12and no other person, may hunt or trap within the boundaries of any wildlife refuge
13or
, except as provided in par. (b), have in his or her possession or under his or her
14control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or
15firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or
16crossbow is enclosed within a carrying case. Nothing in this section may prohibit,
17prevent or interfere with the department in the destruction of injurious animals.
AB444-ASA1, s. 6
18Section
6. 29.621 (4) (b) of the statutes is created to read:
AB444-ASA1,3,2319
29.621
(4) (b) The prohibition of the possession or control of a loaded or
20unencased gun or firearm in par. (a) does not apply to the possession of a handgun,
21as defined in s. 175.50 (1) (bm), by a person who holds a valid license to carry a
22concealed weapon issued under s. 175.50 or an out-of-state licensee, as defined in
23s. 175.50 (1) (g).
AB444-ASA1, s. 7
24Section
7. 51.20 (13) (cv) 4. of the statutes is amended to read:
AB444-ASA1,4,11
151.20
(13) (cv) 4. If the court prohibits a subject individual from possessing a
2firearm under subd. 1. or cancels a prohibition under subd. 2., the court clerk shall
3notify the department of justice of that fact and provide any information identifying
4the subject individual that is necessary to permit an accurate involuntary
5commitment history record search under s. 175.35 (2g) (c)
or a background check
6under s. 175.50 (9g) (b). No other information from the subject individual's court
7records may be disclosed to the department of justice except by order of the court.
8The department of justice may disclose information provided under this subdivision
9only as part of an involuntary commitment history record search under s. 175.35 (2g)
10(c)
or a background check under s. 175.50 (9g) (b) or to a sheriff under s. 175.50 (9g)
11(b) 3. a. or c. or (e) 1., (9r) (b) 2., or (11) (d) 3.
AB444-ASA1, s. 8
12Section
8. 51.20 (16) (gm) of the statutes is amended to read:
AB444-ASA1,4,2313
51.20
(16) (gm) Upon a request under par. (a), a court may cancel the
14prohibition under sub. (13) (cv) 1. if the court determines, based on evidence
15presented on the issue of the subject individual's dangerousness, that there no longer
16is a substantial probability that the individual may use a firearm to cause physical
17harm to himself or herself or endanger public safety. If a court cancels a prohibition
18under sub. (13) (cv) 1. under this paragraph, the court clerk shall notify the
19department of justice of that fact and provide any information identifying the subject
20individual that is necessary to permit an accurate involuntary commitment record
21search under s. 175.35 (2g) (c)
or a background check under s. 175.50 (9g) (b). No
22other information from the subject individual's court records may be disclosed to the
23department of justice except by order of the court.
AB444-ASA1,5,5
151.30
(3) (a) Except as provided in pars. (b) and (c)
and s. 175.50 (11) (d) 2. g.
2and 3. and under rules that the department of justice promulgates under s. 175.35
3(2g) (c) 3. or 175.50 (9g) (f), the files and records of the court proceedings under this
4chapter shall be closed but shall be accessible to any individual who is the subject of
5a petition filed under this chapter.
AB444-ASA1,5,97
55.06
(17) (d) Notwithstanding par. (a), information from records described in
8par. (a) may be disclosed under rules that the department of justice promulgates
9under s. 175.35 (2g) (c) 3. or 175.50 (9g) (f).
AB444-ASA1,5,1311
59.25
(3) (u) 1. Subject to the terms of an agreement under s. 175.50 (2) (c),
12deposit all moneys received under s. 175.50 (7) (bd) and (bp), (13), and (15) (b) 4. a.
13and c. in the general fund of the county.
AB444-ASA1,5,1514
2. Forward all moneys received under s. 175.50 (7) (bh) and (15) (b) 4. b. to the
15state treasurer for deposit in the general fund.
AB444-ASA1,5,1916
4. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all
17moneys received from payments made under s. 175.50 (7) (bt) and (15) (b) 4. d. in the
18law enforcement excellence fund established under s. 175.50 (20) and make
19payments from the fund for the purposes of s. 175.50 (20) (b).
AB444-ASA1,5,2221
165.25
(11) Rules regarding concealed weapons licenses. (a) Promulgate
22rules specifying all of the following:
AB444-ASA1,6,223
1. A procedure by which a sheriff may file a petition under s. 175.50 (10m) and
24a license may be revoked under s. 175.50 (14) with respect to a person who is issued
1a license under s. 175.50 (9r) and who, as a result of being licensed, poses a
2substantial risk to others.
AB444-ASA1,6,43
2. A procedure to provide sheriffs notice of any order entered under s. 175.50
4(10m) prohibiting a person from being licensed to carry a concealed weapon.
AB444-ASA1,6,75
(b) Determine which states issue permits or licenses to carry a concealed
6weapon to persons who meet training requirements and pass criminal background
7checks in those states and promulgate by rule a list of those states.
AB444-ASA1,6,1210
165.82
(1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall
11impose the following fees, plus any surcharge required under sub. (1m), for criminal
12history searches for purposes unrelated to criminal justice or to s. 175.35
or 175.50:
AB444-ASA1,6,1614
165.82
(2) Except as provided in
s.
ss. 175.35
and 175.50, the department of
15justice shall not impose fees for criminal history searches for purposes related to
16criminal justice.
AB444-ASA1,6,2118
167.31
(4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply
19to the placement, possession, transportation, or loading of a handgun, as defined in
20s. 175.50 (1) (bm), by a person who holds a valid license to carry a concealed weapon
21issued under s. 175.50 or an out-of-state licensee, as defined in s. 175.50 (1) (g).
AB444-ASA1,7,223
175.35
(1) (am) "Disqualifying mental health adjudication" means one of the
24following events if it occurs in a proceeding that was not commenced by the person
25who is the subject of the proceeding and if it is based on the person having markedly
1subnormal intelligence or the person's mental illness, incompetency, condition, or
2disease:
AB444-ASA1,7,43
1. An order entered by a court in this state that commits a person for treatment
4in an inpatient mental health facility.
AB444-ASA1,7,75
2. A determination by a court in this state that a person is a danger to himself
6or herself or others under s. 51.20 (1) (a) 2. or lacks the mental capacity to contract
7or manage his or her own affairs.
AB444-ASA1,7,219
175.35
(1) (at) "Firearms restrictions record search" means a search of
10department of justice records to determine whether a person seeking to purchase a
11handgun is prohibited from possessing a firearm under s. 941.29
or based on a
12disqualifying mental health adjudication. "Firearms restriction record search"
13includes a criminal history record search, a search to determine whether a person is
14prohibited from possessing a firearm under s. 51.20 (13) (cv), a search to determine
15whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal
16injunction, as defined in s. 813.12 (1) (e), issued by a court established by any
17federally recognized Wisconsin Indian tribe or band, except the Menominee Indian
18tribe of Wisconsin, that includes notice to the respondent that he or she is subject to
19the requirements and penalties under s. 941.29 and that has been filed with the
20circuit court under s. 806.247 (3), and a search to determine whether the person is
21prohibited from possessing a firearm under s. 813.125 (4m).
AB444-ASA1,8,323
175.35
(2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c.,
24have elapsed from the time that the firearms dealer has received a confirmation
25number regarding the firearms restrictions record search under sub. (2g) (c) from the
1department of justice and the firearms dealer has not been notified that the transfer
2would be in violation of s. 941.29
or that the transferee would be prohibited from
3possessing a firearm based on a disqualifying mental health adjudication.
AB444-ASA1, s. 19
4Section
19. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:
AB444-ASA1,8,95
175.35
(2g) (c) 4. a. If the search indicates that the transferee is prohibited from
6possessing a firearm under s. 941.29
or based on a disqualifying mental health
7adjudication, the department shall provide the firearms dealer with a unique
8nonapproval number. The department may not disclose to the firearms dealer the
9reason the transferee is prohibited from possessing a firearm
under s. 941.29.
AB444-ASA1,8,1210
b. If the search indicates that the transferee is not prohibited from possessing
11a firearm under s. 941.29
or based on a disqualifying mental health adjudication, the
12department shall provide the firearms dealer with a unique approval number.
AB444-ASA1, s. 20
13Section
20. 175.35 (2k) (ar) 2. of the statutes is amended to read:
AB444-ASA1,8,2114
175.35
(2k) (ar) 2. Check each duplicate notification form received under sub.
15(2j) against the information recorded by the department regarding the corresponding
16request for a firearms restrictions record search under sub. (2g). If the department
17previously provided a unique approval number regarding the request and nothing
18in the duplicate completed notification form indicates that the transferee is
19prohibited from possessing a firearm under s. 941.29
or based on a disqualifying
20mental health adjudication, the department shall destroy all records regarding that
21firearms restrictions record search within 30 days after receiving the duplicate form.
AB444-ASA1,8,24
23175.50 License to carry a concealed weapon. (1) Definitions. In this
24section:
AB444-ASA1,8,2525
(ab) "Alcohol beverages" has the meaning given in s. 125.02 (1).
AB444-ASA1,9,1
1(abm) "Alcohol concentration" has the meaning given in s. 340.01 (1v).
AB444-ASA1,9,42
(ac) "Background check" means a search of department and court records
3conducted under sub. (9g) to determine a person's eligibility for a license to carry a
4concealed weapon.
AB444-ASA1,9,55
(ag) Except in subs. (2g) (b) and (11) (c) 1. b., "carry" means to go armed with.
AB444-ASA1,9,76
(ah) "Controlled substance" means a controlled substance, as defined in s.
7961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).
AB444-ASA1,9,88
(aj) "Department" means the department of justice.
AB444-ASA1,9,99
(am) "Drunk driving offense" means any of the following:
AB444-ASA1,9,1010
1. A violation of s. 346.63 or a local ordinance in conformity with that section.
AB444-ASA1,9,1211
2. A violation of a law of a federally recognized American Indian tribe or band
12in this state in conformity with s. 346.63.
AB444-ASA1,9,1813
3. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m),
14that prohibits use of a motor vehicle while intoxicated, while under the influence of
15a controlled substance, a controlled substance analog, or a combination thereof, with
16an excess or specified range of alcohol concentration, or while under the influence of
17any drug to a degree that renders the person incapable of safely driving, as those or
18substantially similar terms are used in that jurisdiction's laws.
AB444-ASA1,9,2319
(bm) "Handgun" means any weapon designed or redesigned, or made or
20remade, and intended to be fired while held in one hand and to use the energy of an
21explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not
22include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined
23in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).
AB444-ASA1,9,2524
(bq) "Intoxicant" means any alcohol beverage, controlled substance, or other
25drug, or any combination thereof.
AB444-ASA1,10,1
1(c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB444-ASA1,10,32
(d) "Licensee" means an individual holding a valid license to carry a concealed
3weapon issued under this section.
AB444-ASA1,10,44
(e) "Misdemeanor crime of violence" means any of the following:
AB444-ASA1,10,65
1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation
6of s. 947.01.
AB444-ASA1,10,87
2. A crime under federal law or the law of another state that is comparable to
8a crime described in subd. 1.
AB444-ASA1,10,109
(eg) "Misdemeanor delinquency adjudication" means a finding that a juvenile
10is delinquent for an act that would be a misdemeanor if committed by an adult.
AB444-ASA1,10,1211
(f) "Out-of-state authorization" means a valid permit document or a valid
12license document issued by another state if all of the following apply:
AB444-ASA1,10,1413
1. The permit document or license document documents that a person is
14authorized under the law of that state to carry a concealed weapon in that state.
AB444-ASA1,10,1615
2. The state is listed in the rule promulgated by the department of justice under
16s. 165.25 (11).
AB444-ASA1,10,2117
(g) "Out-of-state licensee" means an individual who is 21 years of age or over,
18who is not a Wisconsin resident, who has been issued an out-of-state authorization,
19and who is not prohibited from possessing a firearm under s. 941.29 or from
20possessing a firearm that has been transported in interstate or foreign commerce
21under federal law.
AB444-ASA1,10,2222
(h) "Private property" has the meaning given in s. 943.13 (1e) (e).
AB444-ASA1,10,2423
(i) "Proprietor" means a person to whom a Class "B" or "Class B" license or
24permit has been issued under ch. 125.
AB444-ASA1,11,3
1(ig) "Purpose of authorized analysis" means for the purpose of determining or
2obtaining evidence of the presence, quantity, or concentration of any intoxicant in a
3person's blood, breath, or urine.
AB444-ASA1,11,54
(is) "Test facility" means a test facility or agency prepared to administer tests
5under s. 343.305 (2).
AB444-ASA1,11,76
(j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (4),
7a tear gas gun, a knife other than a switchblade knife under s. 941.24, or a billy club.
AB444-ASA1,11,12
8(2) Issuance of license. (a) Except as provided in pars. (b) 1. and (c), each
9county, through its sheriff, shall issue licenses to carry a concealed weapon to an
10individual who meets the qualifications specified in sub. (3) and who completes the
11application process specified in sub. (7). A license to carry a concealed weapon issued
12under this section shall meet the requirements specified in sub. (2m).
AB444-ASA1,11,1513
(b) 1. A sheriff may, but is not required to, issue licenses to carry a concealed
14weapon under this section if, before the first day of the 4th month beginning after the
15effective date of this subdivision .... [revisor inserts date], all of the following occur:
AB444-ASA1,11,1716
a. The sheriff requests the county board of the sheriff's county to authorize him
17or her to decline to issue licenses to carry a concealed weapon under this section.
AB444-ASA1,11,2018
b. After receiving a request from the sheriff under subd. 1. a., the county board
19of the sheriff's county grants the sheriff's request by a two-thirds vote of all the
20members of the board.
AB444-ASA1,11,2321
2. At any time the county board of the sheriff's county may rescind the
22authorization it grants under subd. 1. by a two-thirds vote of all members of the
23county board.
AB444-ASA1,12,224
(c) Any 2 or more sheriffs may by agreement jointly exercise powers granted
25to them and discharge duties imposed on them under this section. An agreement for
1joint issuance of licenses to carry a concealed weapon under this section may be
2entered into at any time and shall satisfy all of the following criteria:
AB444-ASA1,12,33
1. The agreement shall be in writing.
AB444-ASA1,12,54
2. The agreement shall be approved by the county board of the county of each
5sheriff who is a party to the agreement.
AB444-ASA1,12,86
2m. The agreement shall specify how the powers and duties that are the subject
7of the agreement are to be allocated among the sheriffs that are parties to the
8agreement.
AB444-ASA1,12,119
3. The agreement shall specify how costs incurred and moneys received under
10this section shall be apportioned among the sheriffs who are a party to the agreement
11and their respective counties.
AB444-ASA1,12,1312
4. The agreement shall designate one county to be identified as the county of
13issuance.
AB444-ASA1,12,1714
5. If a sheriff who is party to an agreement has issued licenses under this
15section before entering into the agreement, the agreement shall provide for the
16renewal of any licenses that were issued by that sheriff before he or she entered into
17the agreement.
AB444-ASA1,13,2
18(2g) Carrying a concealed weapon; carrying and display of license document
19or authorization. (a) A licensee or an out-of-state licensee may carry a concealed
20weapon anywhere in this state except as provided under sub. (15m) or (16) or s.
21941.20 (1) (b) or 943.13 (1m) (c). This paragraph does not limit the right that a person
22may have under s. 943.13 (1m) (c) to prohibit a licensee or an out-of-state licensee
23from entering or remaining in a building used by a health care facility, as defined in
24s. 150.84 (2), or a clinic or office that is used by a physician licensed under ch. 448
1if the licensee or out-of-state licensee is carrying a concealed weapon. In this
2paragraph, "building" includes a part of a building.
AB444-ASA1,13,53
(b) A licensee shall carry his or her license document and an out-of-state
4licensee shall carry his or her out-of-state authorization at all times during which
5he or she is going armed with a concealed weapon.
AB444-ASA1,13,96
(c) If he or she is carrying a concealed weapon, a licensee shall display his or
7her license document and an out-of-state licensee shall display his or her
8out-of-state authorization to a law enforcement officer upon the request of the law
9enforcement officer.
AB444-ASA1,13,14
10(2i) Preliminary breath screening test. (a)
Requirement. A person shall
11provide a sample of his or her breath for a preliminary breath screening test if a law
12enforcement officer has probable cause to believe that the person is violating sub.
13(16) (cm) 1. and if, prior to an arrest, the law enforcement officer requested that the
14person provide this sample.
AB444-ASA1,13,1915
(b)
Use of test results. A law enforcement officer may use the results of a
16preliminary breath screening test for the purpose of deciding whether or not to arrest
17a person for a violation of sub. (16) (cm) 1. or for the purpose of deciding whether or
18not to request a chemical test under sub. (2k). Following the preliminary breath
19screening test, chemical tests may be required of the person under sub. (2k).