Amendment SSA3-SB214

SB214-SSA3,29,7 21. A polling place, as defined in s. 5.02 (15).

SB214-SSA3,29,8 22. An indoor shopping mall.

SB214-SSA3,29,9 23. A workplace in which the employer prohibits carrying concealed weapons.

SB214-SSA3,29,12 24. A place of business at which the owner has posted a sign prohibiting patrons from carrying concealed weapons into the place of business if the sign is located in a prominent place near the primary entrance to the business.

SB214-SSA3,29,13 25. A place that the department specifies by rule under sub. (22m).

SB214-SSA3,29,16 (b) A licensee may not knowingly carry a handgun in a school zone, as defined in s. 948.605 (1) (c), unless he or she is not in or on the grounds of a school, as defined in s. 948.61 (1) (b), and one of the following applies:

SB214-SSA3,29,17 1. The individual is in a motor vehicle or on a snowmobile or bicycle.

SB214-SSA3,29,19 2. The individual has exited a motor vehicle and is encasing the handgun or storing it in the motor vehicle.

SB214-SSA3,29,22 3. The individual is traveling directly to any person's private property from his or her place of employment or business, from any person's private property, or from a place outside of the school zone.

SB214-SSA3,29,25 4. The individual is traveling directly to his or her place of employment or business from another place of his or her employment or business, from any person's private property, or from a place outside of the school zone.

SB214-SSA3,30,3 5. The individual is traveling directly to a place outside of the school zone from another place outside of the school zone, from any individual's private property, or from his or her place of employment or business.

SB214-SSA3,30,4 6. The individual's possession of the handgun is described in s. 948.605 (2) (b).

SB214-SSA3,30,7 (c) A licensee may not carry a weapon other than a handgun on school premises, as defined in s. 948.61 (1) (c), unless he or she is a person described in or a person whose conduct is described in s. 948.61 (3).

SB214-SSA3,30,8 (d) This subsection does not apply to a peace officer, as defined in s. 939.22 (22).

SB214-SSA3,30,10 (17) Penalties. (a) Any person who violates sub. (2g) (b) or (c) may be required to forfeit not more than $25.

SB214-SSA3,30,12 (b) Any person who violates sub. (16) may be fined not more than $1,000 or imprisoned for not more than 90 days or both.

SB214-SSA3,30,16 (c) Any person who intentionally falsely swears under sub. (6) or (15) (b) 2. or who intentionally makes a false statement to a sheriff in requesting or in connection with the issuance of an emergency license under sub. (9r) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB214-SSA3,30,18 (d) Any person who intentionally violates sub. (12) (a) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB214-SSA3,30,22 (e) Any person required under sub. (14) (b) 2. to relinquish or deliver a license document to a sheriff who intentionally violates the requirements of that subdivision shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB214-SSA3,30,25 (18) Access to records. Records created or kept under this section by the department or a sheriff, other than reports created under sub. (19) or records created under sub. (20), are not subject to access under s. 19.35.

SB214-SSA3,31,8 (19) Statistical report. (a) By February 1 of each year, a sheriff who is issuing or renewing licenses under this section shall submit a statistical report to the department indicating the number of licenses applied for, issued, denied, suspended, and revoked under this section during the previous calendar year. For the licenses denied, the report shall indicate the reasons for the denials and the part of the application process during which the reasons for denial were discovered. For the licenses suspended or revoked, the report shall indicate the reasons for the suspensions and revocations.

SB214-SSA3,31,16 (b) By March 1 of each year, the department shall submit a statistical report to the legislature under s. 13.172 (2) and to the governor that is compiled from the reports submitted under par. (a) and that indicates the number of licenses applied for, issued, denied, suspended, and revoked under this section during the previous calendar year. For the licenses denied, the report shall indicate the reasons for the denials and the part of the application process in which the reasons for denial were discovered. For the licenses suspended or revoked, the report shall indicate the reasons for the suspensions and revocations.

SB214-SSA3,31,22 (20) Law enforcement excellence fund. (a) If a county's sheriff issues licenses under sub. (2) (a) or is party to an agreement under sub. (2) (c), the county board shall establish a law enforcement excellence fund. All money received by a sheriff from payments made under subs. (7) (bt) and (15) (b) 4. d. shall be deposited in accordance with s. 59.25 (3) (u) 4. in the law enforcement excellence fund established under this subsection.

SB214-SSA3,31,25 (b) A law enforcement excellence fund established under this subsection shall be used to improve law enforcement services in the county and may not be used to supplant or replace other funds otherwise available to the sheriff.

SB214-SSA3,32,3 (20m) Grants for shooting ranges. (a) Using the fees collected under sub. (7) (bp) and (15) (b) 4. c., a sheriff issuing licenses under this section shall award grants to persons for construction or improvement of shooting ranges.

SB214-SSA3,32,6 (b) A grant awarded under this subsection may be for up to 50% of the cost of the construction or improvement of the shooting range. A grant awarded under this subsection may not be used to pay for any of the following:

SB214-SSA3,32,8 1. The construction of clubhouses and facilities that are not essential to the operation of the shooting range.

SB214-SSA3,32,9 2. The operation and maintenance of the shooting range.

SB214-SSA3,32,13 (c) In order to receive a grant under this subsection, the person creating or improving a shooting range shall agree to provide, for a fee of not more than $20, a firearm safety course or class that will qualify an individual to satisfy the requirements under sub. (3) (h) for a license to carry a concealed weapon.

SB214-SSA3,32,17 (d) In determining whether to make a grant under this subsection to a particular applicant, the sheriff shall consider the potential of the project to meet the needs of firearm safety courses or classes in the area served by the shooting range relative to the proposed cost of the construction or improvement.

SB214-SSA3,32,20 (21) Immunity. (a) The department and its employees and sheriffs and their employees are immune from liability arising from any act or omission under this section, if done in good faith.

SB214-SSA3,32,23 (b) A person providing a firearm safety or firearm training course or class in good faith to a licensee is immune from liability arising from any act or omission related to the course or class.

SB214-SSA3,32,25 (22m) Rules. The department shall promulgate rules specifying any location where individuals are prohibited from carrying concealed weapons.

SB214-SSA3,33,4 (22s) Applicability. No license may be issued on or after the first day of the 49th month beginning after the effective date of this subsection .... [revisor inserts date]. All licenses issued under this section expire on the first day of the 49th month beginning after the effective date of this subsection .... [revisor inserts date].

SB214-SSA3, s. 16 Section 16. 440.26 (3m) of the statutes is amended to read:

SB214-SSA3,33,11 440.26 (3m) Rules concerning dangerous weapons. The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall allow the person to go armed with a concealed weapon as permitted under s. 175.50 if the person is licensed under that section and shall meet the minimum requirements specified in 15 USC 5902 (b).

SB214-SSA3, s. 17 Section 17. 813.12 (6) (am) 1. of the statutes is amended to read:

SB214-SSA3,33,19 813.12 (6) (am) 1. If an injunction is issued or extended under sub. (4) or if a tribal injunction is filed under s. 806.247 (3), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b).

SB214-SSA3, s. 18 Section 18. 813.12 (6) (am) 2. of the statutes is amended to read:

SB214-SSA3,33,25 813.12 (6) (am) 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b) or to a sheriff under s. 175.50 (9g) (b) 3. a. or c. or (e) 1., (9r) (b) 2., or (11) (d) 3.

SB214-SSA3, s. 19 Section 19. 813.122 (9) (am) 1. of the statutes is amended to read:

SB214-SSA3,34,7 813.122 (9) (am) 1. If an injunction is issued or extended under sub. (5), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b).

SB214-SSA3, s. 20 Section 20. 813.122 (9) (am) 2. of the statutes is amended to read:

SB214-SSA3,34,13 813.122 (9) (am) 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b) or to a sheriff under s. 175.50 (9g) (b) 3. a. or c. or (e) 1., (9r) (b) 2., or (11) (d) 3.

SB214-SSA3, s. 21 Section 21. 813.125 (5r) (a) of the statutes is amended to read:

SB214-SSA3,34,21 813.125 (5r) (a) If an order prohibiting a respondent from possessing a firearm is issued under sub. (4m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b).

SB214-SSA3, s. 22 Section 22. 813.125 (5r) (b) of the statutes is amended to read:

SB214-SSA3,35,2 813.125 (5r) (b) Except as provided in par. (c), the department of justice may disclose information that it receives under par. (a) only as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b) or to a sheriff under s. 175.50 (9g) (b) 3. a. or c. or (e) 1., (9r) (b) 2., or (11) (d) 3.

SB214-SSA3, s. 23 Section 23. 938.396 (8) of the statutes is amended to read:

SB214-SSA3,35,11 938.396 (8) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act that would be a felony if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b) or to a sheriff under s. 175.50 (9g) (b) 3. a. or c. or (e) 1., (9r) (b) 2., or (11) (d) 3.

SB214-SSA3, s. 24 Section 24. 938.396 (8m) of the statutes is created to read:

SB214-SSA3,35,18 938.396 (8m) (a) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act that would be a misdemeanor crime of violence, as defined in s. 175.50 (1) (e), if committed by an adult, the court clerk shall notify the department of justice of that fact. Except as provided in par. (b), no other information from the juvenile's court records may be disclosed to the department of justice except by order of the court.

SB214-SSA3,35,25 (b) If an applicant for a license to carry a concealed weapon under s. 175.50 was adjudicated delinquent as a juvenile in a case covered by par. (a), the department of justice may request permission to review court records relating to the case for the purpose of determining whether the applicant meets the requirement under s. 175.50 (3) (m). Upon receiving such a request, the court shall open for inspection by authorized representatives of the department of justice the records of the court relating to that case.

SB214-SSA3,36,3 (c) The department of justice may disclose information provided or obtained under this subsection only as part of a background check under s. 175.50 (9g) (b) or to a sheriff under s. 175.50 (9g) (b) 3. a. or c. or (e) 1., (9r) (b) 2., or (11) (d) 3.

SB214-SSA3, s. 25 Section 25. 941.23 of the statutes is renumbered 941.23 (1) (intro.) and amended to read:

SB214-SSA3,36,8 941.23 (1) (intro.) Any person except a peace officer, other than one of the following, who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.:

SB214-SSA3, s. 26 Section 26. 941.23 (1) (a) of the statutes is created to read:

SB214-SSA3,36,10 941.23 (1) (a) A peace officer.

SB214-SSA3, s. 27 Section 27. 941.23 (1) (b) of the statutes is created to read:

SB214-SSA3,36,13 941.23 (1) (b) An individual holding a valid license under s. 175.50, if the dangerous weapon is a weapon, as defined under s. 175.50 (1) (j).

SB214-SSA3, s. 28 Section 28. 941.23 (1) (c) of the statutes is created to read:

SB214-SSA3,36,18 941.23 (1) (c) An individual who goes armed with a concealed and dangerous weapon, as defined in s. 175.50 (1) (j), in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies, unless he or she is prohibited under federal or state law from possessing that weapon.

SB214-SSA3, s. 29 Section 29. 941.23 (2) of the statutes is created to read:

SB214-SSA3,36,24 941.23 (2) An individual formerly licensed under s. 175.50 whose license has been suspended or revoked under s. 175.50 (14) may not assert his or her refusal to accept or failure to receive a notice of revocation or suspension mailed under s. 175.50 (14) (b) 2. as a defense to prosecution under sub. (1), regardless of whether the person has complied with s. 175.50 (12).

SB214-SSA3, s. 30 Section 30. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and amended to read:

SB214-SSA3,37,3 941.235 (2) (intro.) This section does not apply to peace any of the following:

SB214-SSA3,37,5 (a) Peace officers or armed forces or military personnel who go armed in the line of duty or to any.

SB214-SSA3,37,8 (b) A person duly authorized by the chief of police of any city, village or town, the chief of the capitol police or the sheriff of any county to possess a firearm in any building under sub. (1).

SB214-SSA3, s. 31 Section 31. 941.235 (2) (c) of the statutes is created to read:

SB214-SSA3,37,11 941.235 (2) (c) An individual holding a valid license under s. 175.50, if the firearm is a handgun, as defined in s. 175.50 (1) (bm).

SB214-SSA3, s. 32 Section 32. 941.237 (3) (ct) of the statutes is created to read:

SB214-SSA3,37,13 941.237 (3) (ct) An individual holding a valid license under s. 175.50.

SB214-SSA3, s. 33 Section 33. 941.295 (2) (d) of the statutes is amended to read:

SB214-SSA3,37,20 941.295 (2) (d) Any manufacturer or seller whose of electric weapons are used in this state solely by persons, unless the manufacturer or seller engages in the conduct described in sub. (1) with the intent to provide an electric weapon to someone other than a person specified in pars. (a) to (c) or sub. (2g) (a) or to a person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.

SB214-SSA3, s. 34 Section 34. 941.295 (2g) of the statutes is created to read:

SB214-SSA3,37,23 941.295 (2g) The prohibition in sub. (1) on possessing or going armed with an electric weapon does not apply to any of the following:

SB214-SSA3,37,24 (a) An individual holding a valid license under s. 175.50.

SB214-SSA3,38,4 (b) An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies, unless he or she is prohibited under federal or state law from possessing that weapon.

SB214-SSA3, s. 35 Section 35. 941.295 (2r) of the statutes is created to read:

SB214-SSA3,38,7 941.295 (2r) The prohibition in sub. (1) on transporting an electric weapon does not apply to any of the following:

SB214-SSA3,38,8 (a) An individual holding a valid license under s. 175.50.

SB214-SSA3,38,10 (b) An individual who transports an electric weapon from any of the following places to any of the following places:

SB214-SSA3,38,11 1. His or her dwelling.

SB214-SSA3,38,12 2. His or her own place of business.

SB214-SSA3,38,13 3. Land that he or she owns, leases, or legally occupies.

SB214-SSA3, s. 36 Section 36. 946.32 (3) of the statutes is created to read:

SB214-SSA3,38,16 946.32 (3) This section does not apply to offenses that may be prosecuted under s. 175.50 (17) (c).

SB214-SSA3, s. 37 Section 37. 948.605 (2) (c) of the statutes is created to read:

SB214-SSA3,38,20 948.605 (2) (c) Paragraph (a) does not apply to the possession of a handgun, as defined in s. 175.50 (1) (bm), by an individual holding a valid license under s. 175.50 who is going armed with a concealed handgun as permitted under s. 175.50.