AB40: Bill Text

AB40, s. 10 Section 10. 813.12 (6) (am) 1. of the statutes is amended to read:

AB40,8,23 813.12 (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. 175.33 or 175.35 (2g) (c).

AB40, s. 11 Section 11. 813.12 (6) (am) 2. of the statutes is amended to read:

AB40,9,3 813.12 (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. 175.33 or 175.35 (2g) (c).

AB40, s. 12 Section 12. 813.122 (9) (am) 1. of the statutes is amended to read:

AB40,9,10 813.122 (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. 175.33 or 175.35 (2g) (c).

AB40, s. 13 Section 13. 813.122 (9) (am) 2. of the statutes is amended to read:

AB40,9,14 813.122 (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. 175.33 or 175.35 (2g) (c).

AB40, s. 14 Section 14. 813.125 (5r) (a) of the statutes is amended to read:

AB40,9,22 813.125 (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. 175.33 or 175.35 (2g) (c).

AB40, s. 15 Section 15. 813.125 (5r) (b) of the statutes is amended to read:

AB40,10,3 813.125 (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. 175.33 or 175.35 (2g) (c).

AB40, s. 16 Section 16. 938.396 (8) of the statutes is amended to read:

AB40,10,11 938.396 (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. 175.33 or 175.35 (2g) (c).

AB40, s. 17 Section 17. 941.23 of the statutes is renumbered 941.23 (2) and amended to read:

AB40,10,16 941.23 (2) Any person except a peace officer or a qualified retired peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.

AB40, s. 18 Section 18. 941.23 (1) of the statutes is created to read:

AB40,10,18 941.23 (1) In this section:

AB40,10,22 (a) "Qualified retired peace officer" means a person whose request for authorization to carry a concealed weapon under s. 165.87 has been granted, who continues to meet the requirements for such an authorization, and who holds a valid state identification card containing a designation under s. 343.17 (3) (a) 14.

AB40,10,25 (b) "State identification card" means an operator's license issued under ch. 343 that contains a photograph of the license holder or an identification card issued under s. 343.50.

AB40, s. 19 Section 19. 941.23 (3) of the statutes is created to read:

AB40,11,4 941.23 (3) If he or she is carrying a concealed weapon, a qualified retired peace officer shall carry his or her state identification card and shall, upon the request of any law enforcement officer, display it to the law enforcement officer.

AB40, s. 20 Section 20. 941.237 (1) (er) of the statutes is created to read:

AB40,11,7 941.237 (1) (er) "Proprietor" means a person to whom a Class "B" or "Class B" license or permit has been issued under ch. 125.

AB40, s. 21 Section 21. 941.237 (3) (am) of the statutes is created to read:

AB40,11,13 941.237 (3) (am) A qualified retired peace officer, as defined in s. 941.23 (1) (a). This paragraph does not apply to any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125 if the sale of intoxicating liquors or fermented malt beverages or both on those premises accounts for more than 50% of the proprietor's receipts from those premises.

AB40, s. 22 Section 22. 941.237 (3m) of the statutes is created to read:

AB40,11,19 941.237 (3m) If he or she is carrying a firearm on any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, a qualified retired peace officer, as defined in s. 941.23 (1) (a), shall carry his or her state identification card, as defined in s. 941.23 (1) (b), and shall, upon the request of any law enforcement officer, display it to the law enforcement officer.

AB40, s. 23 Section 23 . Nonstatutory provisions.

AB40,11,21 (1) (a) In this subsection, "board" means the law enforcement standards board.

AB40,12,9 (b) Using the procedure under section 227.24 of the statutes, the board shall promulgate the rules required under section 165.87 (7) of the statutes, as created by this act, for the period beginning on the effective date of this paragraph and ending on the effective date of the permanent rules promulgated under section 165.87 (7) of the statutes, as created by this act, but the rules may not remain effective for longer than the period authorized under section 227.24 (1) (c) and (2) of the statutes. The board shall promulgate the rules required under this paragraph no later than the first day of the 3rd month beginning after the effective date of this paragraph. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB40, s. 24 Section 24. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows.

AB40,12,12 (1) Section 23 of this act takes effect on the day after publication.

AB40,12,13 (End)