July 25, 2003 - Introduced by Representatives Gunderson, Suder, Pettis, Albers,
Bies, J. Fitzgerald, Freese, Grothman, Gundrum, Hahn, Hines, Huebsch,
Hundertmark, Jensen, Kerkman, Kestell, Ladwig, F. Lasee, M. Lehman,
LeMahieu, Loeffelholz, Lothian, McCormick, Musser, Nass, Nischke,
Owens, Petrowski, Schneider, Seratti, Sherman, Stone, Towns, Van Roy,
Vrakas, Vukmir and
Weber, cosponsored by Senators Zien, Welch, Brown,
Panzer, A. Lasee, S. Fitzgerald, Schultz, Stepp, Reynolds, Kanavas, Leibham,
Kedzie and Roessler. Referred to Committee on Criminal Justice.
AB444,1,8
1An Act to renumber and amend 29.091, 29.621 (4), 941.23 and 941.235 (2);
to
2amend 23.33 (3) (e), 25.29 (1) (a), 29.089 (2), 165.82 (2) and 440.26 (3m); and
3to create 20.370 (5) (csr), 20.455 (2) (gp), 29.091 (2), 29.594, 29.621 (4) (b), 59.25
4(3) (u), 167.31 (4) (ar), 175.50, 941.23 (1) (a), 941.23 (1) (b), 941.23 (2), 941.235
5(2) (c), 941.235 (2) (d), 941.237 (3) (ct), 941.295 (2) (f), 941.295 (2) (g), 946.32 (3),
6948.605 (2) (c) and 948.61 (3m) of the statutes;
relating to: carrying or going
7armed with a concealed weapon, requiring the exercise of rule-making
8authority, making appropriations, and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, no person other than a peace officer may go armed with a
concealed and dangerous weapon. The "going armed with" language applies to,
among others, cases in which a person is carrying a concealed weapon but has not
gone and is not going anywhere and cases in which a weapon is readily accessible to
— but not physically carried by — a person in a car. A person who violates the
prohibition on going armed with a concealed and dangerous weapon may be fined not
more than $10,000 or imprisoned for not more than nine months or both. But under
State v. Hamdan, 2003 WI 113, __ Wis. 2d __, it is unconstitutional to apply this
prohibition to a person carrying a concealed weapon at his or her own business when:
1) the need to exercise this right is substantial; 2) the person has no other reasonable
means to keep and handle the weapon; and 3) the person was not motivated by an
unlawful purpose in concealing it.
In addition, current law prohibits, with certain exceptions, going armed with
or possessing a firearm in a number of places, such as in a public building, tavern,
state park, or wildlife refuge or within 1,000 feet of the grounds of a school. Current
law also prohibits, with certain exceptions, carrying a loaded or unencased firearm
in an automobile, motorboat, or airplane. A person who violates one of these
prohibitions is subject to civil or criminal penalties.
This bill permits a person to go armed with a concealed and dangerous weapon
in his or her own home or place of business or on land that he or she owns, leases,
or legally occupies, unless the person is prohibited under federal or state law from
possessing a firearm (prohibitions that apply if, for example, the person has been
convicted of a misdemeanor crime of domestic violence or a felony; the person
unlawfully uses a controlled substance; the person has been committed to a mental
health facility; or the person is subject to a stalking, harassment, or domestic
violence restraining order).
This bill also creates a procedure by which a person may apply to a county
sheriff for a license to carry a concealed weapon more generally. The license
authorizes a person to carry (defined in the bill to mean to go armed with) a concealed
weapon (defined in the bill as a handgun, a stungun, a tear gas gun, a knife other
than a switchblade, or a billy club) anywhere in this state except in particular places
specified in the bill. These specified places include a police station, a sheriff's office,
a state patrol station, a prison, a jail, a tavern (unless: 1) the person owns or manages
the tavern; 2) the person is otherwise authorized to possess a handgun at the tavern;
or 3) the sale of alcohol accounts for no more than 50% of the tavern's receipts), a
school administration building, an airport, and any place in which the carrying of a
weapon is prohibited by federal law. The bill also exempts licensees from the
prohibition on possessing firearms in a school zone under certain circumstances.
Specifically, the bill authorizes a licensee to carry a handgun in a school zone if: 1)
the licensee is in a motor vehicle or on a snowmobile or bicycle; 2) the licensee has
exited from a motor vehicle and is encasing the handgun or storing it in the motor
vehicle; or 3) the licensee is traveling directly between any two of the following
places: any person's private property, the licensee's place of employment or business,
or a place outside of the school zone. This exemption does not apply if the licensee
is on the school grounds. At the same time, the bill lowers the penalty for licensees
carrying handguns in a school zone or on school grounds or carrying electric weapons,
tear gas guns, knives, or billy clubs on school grounds.
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 classes; 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 the subject of a civil or criminal case that may ultimately lead to the
revocation of the license or, after being charged with a misdemeanor, is ordered by
the court not to possess a firearm.
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 an application fee, which may not exceed either the cost to the sheriff of issuing
the license or $75, whichever is less.
11. 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.
12. 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.
13. Grants immunity from liability to DOJ and its employees, sheriffs and their
employees, and persons providing firearm training or safety classes for conduct
undertaken in good faith under the bill.
14. 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.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB444, s. 1
1Section
1. 20.370 (5) (csr) of the statutes is created to read:
AB444,5,52
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. 29.594.
AB444, s. 2
6Section
2. 20.455 (2) (gp) of the statutes is created to read:
AB444,5,97
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.
AB444, s. 3
10Section
3. 23.33 (3) (e) of the statutes is amended to read:
AB444,5,1511
23.33
(3) (e) With any firearm in his or her possession unless it is unloaded and
12enclosed in a carrying case
, or. This paragraph does not apply to the possession of
13a handgun, as defined in s. 175.35 (1) (b), by a person who holds a valid license to
14carry a concealed weapon issued under s. 175.50 or by an out-of-state licensee, as
15defined in s. 175.50 (1) (g).
AB444,5,16
16(em) With any bow unless it is unstrung or enclosed in a carrying case.
AB444, s. 4
17Section
4. 25.29 (1) (a) of the statutes is amended to read:
AB444,6,218
25.29
(1) (a) Except as provided in ss. 25.293 and 25.295, all moneys accruing
19to the state for or in behalf of the department under chs. 26, 27, 28, 29, 169, and 350,
20subchs. 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
21to 30.55, 70.58, 71.10 (5), 71.30 (10),
and 90.21
, and 175.50 (7) (bp) and (15) (b) 4. c.,
1including grants received from the federal government or any of its agencies except
2as otherwise provided by law.
AB444, s. 5
3Section
5. 29.089 (2) of the statutes is amended to read:
AB444,6,94
29.089
(2) Except as provided in sub. (3), no person may have in his or her
5possession or under his or her control a firearm on land located in state parks or state
6fish hatcheries unless the firearm is unloaded and enclosed within a carrying case.
7This subsection does not apply if the firearm is a handgun, as defined in s. 175.35 (1)
8(b), and the person holds a valid license to carry a concealed weapon issued under s.
9175.50 or an out-of-state licensee, as defined in s. 175.50 (1) (g).
AB444, s. 6
10Section
6. 29.091 of the statutes is renumbered 29.091 (1) and amended to
11read:
AB444,6,1912
29.091
(1) No person may hunt or trap within any wildlife refuge established
13under s. 23.09 (2) (b) or 29.621
(1), or
, except as provided in sub. (2), have possession
14or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded,
15the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
16within a carrying case. The taking of predatory game birds and animals shall be done
17as the department directs. All state wildlife refuge boundary lines shall be marked
18by posts placed at intervals of not over 500 feet and bearing signs with the words
19"Wisconsin Wildlife Refuge".
AB444, s. 7
20Section
7. 29.091 (2) of the statutes is created to read:
AB444,6,2421
29.091
(2) The prohibition of the possession or control of a loaded or unencased
22gun or firearm in sub. (1) does not apply to the possession of a handgun, as defined
23in s. 175.345 (1) (b), by a person who holds a valid license to carry a concealed weapon
24issued under s. 175.50 or by an out-of-state licensee, as defined in s. 175.50 (1) (g).
AB444, s. 8
25Section
8. 29.594 of the statutes is created to read:
AB444,7,4
129.594 Grants for shooting ranges. (1) The department shall award grants
2to persons for construction or improvement of shooting ranges. A grant awarded
3under this section shall be paid from the appropriation account under s. 20.370 (5)
4(csr).
AB444,7,7
5(2) A grant awarded under this section may be for up to 50% of the cost of the
6construction or improvement of the shooting range. A grant awarded under this
7section may not be used to pay for any of the following:
AB444,7,98
(a) The construction of clubhouses and facilities that are not essential to the
9operation of the shooting range.
AB444,7,1010
(b) The operation and maintenance of the shooting range.
AB444,7,14
11(3) In order to receive a grant under this section, the person creating or
12improving a shooting range shall agree to provide, for a fee of not more than $20, a
13firearm safety course or class that will qualify an individual to satisfy the
14requirements under s. 175.50 (3) (h) for a license to carry a concealed weapon.
AB444,7,18
15(4) In determining whether to make a grant under this section to a particular
16applicant, the department shall consider the potential of the project to meet the
17needs of firearm safety courses or classes in the area served by the shooting range
18relative to the proposed cost of the construction or improvement.
AB444,7,20
19(5) The department shall promulgate rules establishing a procedure for
20applying for grants under this section.
AB444, s. 9
21Section
9. 29.621 (4) of the statutes is renumbered 29.621 (4) (a) and amended
22to read:
AB444,8,423
29.621
(4) (a) Except as provided in s. 29.091
(1), no owner of a wildlife refuge,
24and no other person, may hunt or trap within the boundaries of any wildlife refuge
25or
, except as provided in par. (b), have in his or her possession or under his or her
1control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or
2firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or
3crossbow is enclosed within a carrying case. Nothing in this section may prohibit,
4prevent or interfere with the department in the destruction of injurious animals.
AB444, s. 10
5Section
10. 29.621 (4) (b) of the statutes is created to read:
AB444,8,106
29.621
(4) (b) The prohibition of the possession or control of a loaded or
7unencased gun or firearm in par. (a) does not apply to the possession of a handgun,
8as defined in s. 175.35 (1) (b), by a person who holds a valid license to carry a
9concealed weapon issued under s. 175.50 or an out-of-state licensee, as defined in
10s. 175.50 (1) (g).
AB444, s. 11
11Section
11. 59.25 (3) (u) of the statutes is created to read:
AB444,8,1412
59.25
(3) (u) 1. Subject to the terms of an agreement under s. 175.50 (2) (c),
13deposit all moneys received under s. 175.50 (7) (bd), (13), and (15) (b) 4. a. and (d) 1.
14in the general fund of the county.
AB444,8,1715
2. Forward all moneys received under s. 175.50 (7) (bh) and (15) (b) 4. b. to the
16state treasurer for payment of firearms restrictions record searches conducted under
17s. 175.50 (9g) at the request of the county's sheriff.
AB444,8,2018
3. Forward all moneys received under s. 175.50 (7) (bp) and (15) (b) 4. c. to the
19state treasurer for deposit in the conservation fund to be credited to the
20appropriation account under s. 20.370 (5) (csr).
AB444,8,2421
4. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all
22moneys received from payments made under s. 175.50 (7) (bt) and (15) (b) 4. d. in the
23law enforcement excellence fund established under s. 175.50 (20) and make
24payments from the fund for the purposes of s. 175.50 (20) (b).
AB444, s. 12
25Section
12. 165.82 (2) of the statutes is amended to read:
AB444,9,3
1165.82
(2) Except as provided in
s. ss. 175.35
and 175.50, the department of
2justice shall not impose fees for criminal history searches for purposes related to
3criminal justice.
AB444, s. 13
4Section
13. 167.31 (4) (ar) of the statutes is created to read:
AB444,9,85
167.31
(4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply
6to the placement, possession, transportation, or loading of a handgun, as defined in
7s. 175.35 (1) (b), by a person who holds a valid license to carry a concealed weapon
8issued under s. 175.50 or an out-of-state licensee, as defined in s. 175.50 (1) (g).
AB444, s. 14
9Section
14. 175.50 of the statutes is created to read:
AB444,9,11
10175.50 License to carry a concealed weapon. (1) Definitions. In this
11section:
AB444,9,1212
(a) Except in subs. (2g) (b) and (11) (c) 2., "carry" means to go armed with.
AB444,9,1313
(aj) "Department" means the department of justice.
AB444,9,1414
(am) "Drunk driving offense" means any of the following:
AB444,9,1515
1. A violation of s. 346.63 or a local ordinance in conformity with that section.
AB444,9,1716
2. A violation of a law of a federally recognized American Indian tribe or band
17in this state in conformity with s. 346.63.
AB444,9,2318
3. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m),
19that prohibits use of a motor vehicle while intoxicated, while under the influence of
20a controlled substance, a controlled substance analog, or a combination thereof, with
21an excess or specified range of alcohol concentration, or while under the influence of
22any drug to a degree that renders the person incapable of safely driving, as those or
23substantially similar terms are used in that jurisdiction's laws.
AB444,9,2524
(b) "Firearms restrictions record search" has the meaning given in s. 175.35 (1)
25(at).
AB444,10,1
1(c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB444,10,32
(d) "Licensee" means an individual holding a valid license to carry a concealed
3weapon issued under this section.
AB444,10,44
(e) "Misdemeanor crime of violence" means any of the following:
AB444,10,65
1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation
6of s. 947.01.
AB444,10,87
2. A crime under federal law or the law of another state that is comparable to
8a crime described in subd. 1.
AB444,10,119
(f) "Out-of-state authorization" means a valid permit or a valid license issued
10by another state documenting that a person is authorized under the law of that state
11to carry a concealed weapon in that state.
AB444,10,1512
(g) "Out-of-state licensee" means an individual who has been issued an
13out-of-state authorization and who is not prohibited from possessing a firearm
14under s. 941.29 or from possessing a firearm that has been transported in interstate
15or foreign commerce under federal law.
AB444,10,1616
(h) "Private property" has the meaning given in s. 943.13 (1e) (e).
AB444,10,1817
(i) "Proprietor" means a person to whom a Class "B" or "Class B" license or
18permit has been issued under ch. 125.
AB444,10,2319
(j) "Weapon" means a handgun, as defined in s. 175.35 (1) (b), an electric
20weapon, as defined in s. 941.295 (4), a tear gas gun, a knife other than a switchblade
21knife under s. 941.24, or a billy club. "Weapon" does not include a machine gun, as
22defined in s. 941.27 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a
23short-barreled shotgun, as defined in s. 941.28 (1) (c).
AB444,11,3
24(2) Issuance of license. (a) Except as provided in pars. (b) 1. and (c), each
25county, through its sheriff, shall issue licenses to carry a concealed weapon to an
1individual who meets the qualifications specified in sub. (3) and who completes the
2application process specified in sub. (7). A license to carry a concealed weapon issued
3under this section shall meet the requirements specified in sub. (2m).
AB444,11,64
(b) 1. A sheriff may, but is not required to, issue licenses to carry a concealed
5weapon under this section if, before the first day of the 4th month beginning after the
6effective date of this subdivision .... [revisor inserts date], all of the following occur:
AB444,11,87
a. The sheriff requests the county board of the sheriff's county to authorize him
8or her to decline to issue licenses to carry a concealed weapon under this section.