LRBs0232/1
MGD&CMH:all:jf&pg
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 444
October 28, 2003 - Offered by Representative Gunderson.
AB444-ASA1,2,2
1An Act to renumber and amend 29.091, 29.621 (4), 941.23, 941.235 (2) and
2943.13 (2);
to amend 23.33 (3) (e), 29.089 (2), 51.20 (13) (cv) 4., 51.20 (16) (gm),
351.30 (3) (a), 165.82 (1) (intro.), 165.82 (2), 175.35 (1) (at), 175.35 (2) (d), 175.35
4(2g) (c) 4. a. and b., 175.35 (2k) (ar) 2., 440.26 (3m), 813.12 (6) (am) 1., 813.12
5(6) (am) 2., 813.122 (9) (am) 1., 813.122 (9) (am) 2., 813.125 (5r) (a), 813.125 (5r)
6(b), 885.235 (1g) (intro.), 938.396 (8), 941.20 (1) (a), 941.20 (1) (b), 941.295 (2)
7(d), 943.13 (1m) (b) and 943.13 (3); and
to create 29.091 (2), 29.621 (4) (b), 55.06
8(17) (d), 59.25 (3) (u), 165.25 (11), 167.31 (4) (ar), 175.35 (1) (am), 175.50,
9885.235 (1g) (e), 938.396 (8m), 941.20 (1) (bm), 941.23 (1) (a), 941.23 (1) (b),
10941.23 (1) (c), 941.23 (2), 941.235 (2) (c), 941.237 (3) (ct), 941.295 (2g), 941.295
11(2r), 943.13 (1e) (bm), 943.13 (1e) (g), 943.13 (1m) (c), 943.13 (2) (bm), 946.32 (3),
12948.605 (2) (c) and 948.61 (3m) of the statutes;
relating to: carrying or going
13armed with a concealed weapon, background checks for handgun purchases,
1requiring the exercise of rule-making authority, providing an exemption from
2rule-making authority, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB444-ASA1,2,84
23.33
(3) (e) With any firearm in his or her possession unless it is unloaded and
5enclosed in a carrying case
, or. This paragraph does not apply to the possession of
6a handgun, as defined in s. 175.50 (1) (bm), by a person who holds a valid license to
7carry a concealed weapon issued under s. 175.50 or by an out-of-state licensee, as
8defined in s. 175.50 (1) (g).
AB444-ASA1,2,9
9(em) With any bow unless it is unstrung or enclosed in a carrying case.
AB444-ASA1,2,1611
29.089
(2) Except as provided in sub. (3), no person may have in his or her
12possession or under his or her control a firearm on land located in state parks or state
13fish hatcheries unless the firearm is unloaded and enclosed within a carrying case.
14This subsection does not apply if the firearm is a handgun, as defined in s. 175.50 (1)
15(bm), and the person holds a valid license to carry a concealed weapon issued under
16s. 175.50 or an out-of-state licensee, as defined in s. 175.50 (1) (g).
AB444-ASA1, s. 3
17Section
3. 29.091 of the statutes is renumbered 29.091 (1) and amended to
18read:
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: