2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 763
November 8, 2005 - Offered by Representative Gunderson.
AB763-ASA1,2,8
1An Act to renumber and amend 23.33 (3) (e), 29.089 (2), 29.091, 29.621 (4),
2440.26 (3m), 941.23, 941.235 (2) and 943.13 (2);
to amend 51.20 (13) (cv) 4.,
351.20 (16) (gm), 51.30 (3) (a), 165.82 (1) (intro.), 165.82 (2), 175.35 (1) (at),
4175.35 (2) (d), 175.35 (2g) (c) 4. a. and b., 175.35 (2k) (ar) 2., 813.12 (6) (am) 1.,
5813.122 (9) (am) 1., 813.125 (5r) (a), 885.235 (1g) (intro.), 938.396 (8), 941.295
6(2) (d), 943.13 (1m) (b) and 943.13 (3); and
to create 23.33 (3) (e) 1., 23.33 (3)
7(e) 2., 23.33 (3) (e) 3., 23.33 (3) (e) 4., 23.33 (3) (em), 29.089 (2) (a), 29.089 (2) (b),
829.089 (2) (c), 29.089 (2) (d), 29.091 (2), 29.091 (2) (d), 29.621 (4) (a), 29.621 (4)
9(b), 29.621 (4) (c), 29.621 (4) (d), 29.621 (6), 55.06 (17) (d), 59.25 (3) (u), 165.25
10(11), 167.31 (4) (ar), 175.35 (1) (am), 175.48, 175.49, 175.50, 440.26 (3m) (a),
11440.26 (3m) (b), 440.26 (3m) (c), 440.26 (3m) (d), 885.235 (1g) (e), 938.396 (8m),
12941.23 (1), 941.23 (2) (a), 941.23 (2) (b), 941.23 (2) (c), 941.23 (2) (d), 941.23 (2)
13(e), 941.23 (3), 941.235 (2) (c), 941.235 (2) (d), 941.235 (2) (e), 941.237 (3) (cr),
1941.237 (3) (ct), 941.237 (3) (cx), 941.29 (11), 941.295 (2g), 941.295 (2r), 943.13
2(1e) (bm), 943.13 (1e) (g), 943.13 (1m) (c), 943.13 (2) (bm), 946.32 (3), 948.605
3(2) (c) and 948.61 (3m) of the statutes;
relating to: carrying a concealed
4weapon, possessing or transporting a firearm under certain circumstances,
5background checks for handgun purchases, photographic identification cards
6for retired law enforcement officers, requiring the exercise of rule-making
7authority, providing an exemption from rule-making authority, and providing
8penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB763-ASA1, s. 1
9Section
1. 23.33 (3) (e) of the statutes is renumbered 23.33 (3) (e) (intro.) and
10amended to read:
AB763-ASA1,2,1311
23.33
(3) (e) (intro.) With any firearm in his or her possession unless it is
12unloaded and enclosed in a carrying case
, or any bow unless it is unstrung or enclosed
13in a carrying case.
This paragraph does not apply to any of the following:
AB763-ASA1, s. 2
14Section
2. 23.33 (3) (e) 1. of the statutes is created to read:
AB763-ASA1,2,1615
23.33
(3) (e) 1. A person who is employed in this state by a public agency as a
16law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
AB763-ASA1, s. 3
17Section
3. 23.33 (3) (e) 2. of the statutes is created to read:
AB763-ASA1,2,1918
23.33
(3) (e) 2. A qualified out-of-state law enforcement officer, as defined in
19s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763-ASA1, s. 4
20Section
4. 23.33 (3) (e) 3. of the statutes is created to read:
AB763-ASA1,2,2221
23.33
(3) (e) 3. A retired law enforcement officer, as defined in s. 941.23 (1) (f),
22to whom s. 941.23 (2) (c) 1. to 7. applies.
AB763-ASA1, s. 5
23Section
5. 23.33 (3) (e) 4. of the statutes is created to read:
AB763-ASA1,3,3
123.33
(3) (e) 4. A licensee, as defined in s. 175.50 (1) (d) or an out-of-state
2licensee, as defined in s. 175.50 (1) (g), who possesses a handgun, as defined in s.
3175.50 (1) (bm).
AB763-ASA1,3,55
23.33
(3) (em) With any bow unless it is unstrung or enclosed in a carrying case.
AB763-ASA1, s. 7
6Section
7. 29.089 (2) of the statutes is renumbered 29.089 (2) (intro.) and
7amended to read:
AB763-ASA1,3,118
29.089
(2) (intro.) Except as provided in sub. (3), no person may have in his or
9her possession or under his or her control a firearm on land located in state parks or
10state fish hatcheries unless the firearm is unloaded and enclosed within a carrying
11case.
This subsection does not apply to any of the following:
AB763-ASA1, s. 8
12Section
8. 29.089 (2) (a) of the statutes is created to read:
AB763-ASA1,3,1413
29.089
(2) (a) A person who is employed in this state by a public agency as a
14law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
AB763-ASA1, s. 9
15Section
9. 29.089 (2) (b) of the statutes is created to read:
AB763-ASA1,3,1716
29.089
(2) (b) A qualified out-of-state law enforcement officer, as defined in s.
17941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763-ASA1,3,2019
29.089
(2) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f),
20firearm to whom s. 941.23 (2) (c) 1. to 7. applies.
AB763-ASA1,3,2422
29.089
(2) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
23licensee, as defined in s. 175.50 (1) (g), if the firearm is a handgun, as defined in s.
24175.50 (1) (bm).
AB763-ASA1, s. 12
1Section
12. 29.091 of the statutes is renumbered 29.091 (1) and amended to
2read:
AB763-ASA1,4,103
29.091
(1) No person may hunt or trap within any wildlife refuge established
4under s. 23.09 (2) (b) or 29.621
(1), or
, except as provided in sub. (2), have possession
5or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded,
6the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
7within a carrying case. The taking of predatory game birds and animals shall be done
8as the department directs. All state wildlife refuge boundary lines shall be marked
9by posts placed at intervals of not over 500 feet and bearing signs with the words
10"Wisconsin Wildlife Refuge".
AB763-ASA1,4,1412
29.091
(2) The prohibition in sub. (1), as it relates to the possession or control
13of a loaded or unencased gun or firearm within a game refuge established under s.
1423.09 (2) (b), does not apply to any of the following:
AB763-ASA1,4,1615
(a) A person who is employed in this state by a public agency as a law
16enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
AB763-ASA1,4,1817
(b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1)
18(e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763-ASA1,4,2019
(c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s.
20941.23 (2) (c) 1. to 7. applies.
AB763-ASA1,4,2422
29.091
(2) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
23licensee, as defined in s. 175.50 (1) (g), if the gun or firearm is a handgun, as defined
24in s. 175.50 (1) (bm).
AB763-ASA1, s. 15
1Section
15. 29.621 (4) of the statutes is renumbered 29.621 (4) (intro.) and
2amended to read:
AB763-ASA1,5,113
29.621
(4) Protection. (intro.) Except as provided in s. 29.091
(1), no owner
4of a wildlife refuge, and no other person, may hunt or trap within the boundaries of
5any wildlife refuge or have in his or her possession or under his or her control in the
6wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded,
7the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
8within a carrying case.
Nothing in this section may prohibit, prevent or interfere
9with the department in the destruction of injurious animals.
This subsection, as it
10relates to the possession or control of a loaded or unencased firearm, does not apply
11to any of the following:
AB763-ASA1,5,1413
29.621
(4) (a) A person who is employed in this state by a public agency as a
14law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
AB763-ASA1,5,1716
29.621
(4) (b) A qualified out-of-state law enforcement officer, as defined in s.
17941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763-ASA1,5,2019
29.621
(4) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f),
20to whom s. 941.23 (2) (c) 1. to 7. applies.
AB763-ASA1,5,2422
29.621
(4) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
23licensee, as defined in s. 175.50 (1) (g), if the gun or firearm is a handgun, as defined
24in s. 175.50 (1) (bm).
AB763-ASA1,6,2
129.621
(6) Injurious animals. Nothing in this section may prohibit, prevent,
2or interfere with the department in the destruction of injurious animals.
AB763-ASA1, s. 21
3Section
21. 51.20 (13) (cv) 4. of the statutes is amended to read:
AB763-ASA1,6,134
51.20
(13) (cv) 4. If the court prohibits a subject individual from possessing a
5firearm under subd. 1. or cancels a prohibition under subd. 2., the court clerk shall
6notify the department of justice of that fact and provide any information identifying
7the subject individual that is necessary to permit an accurate involuntary
8commitment history record search under s. 175.35 (2g) (c)
or a background check
9under s. 175.50 (9g) (b). No other information from the subject individual's court
10records may be disclosed to the department of justice except by order of the court.
11The department of justice may disclose information provided under this subdivision
12only as part of an involuntary commitment history record search under s. 175.35 (2g)
13(c).
AB763-ASA1,6,2515
51.20
(16) (gm) Upon a request under par. (a), a court may cancel the
16prohibition under sub. (13) (cv) 1. if the court determines, based on evidence
17presented on the issue of the subject individual's dangerousness, that there no longer
18is a substantial probability that the individual may use a firearm to cause physical
19harm to himself or herself or endanger public safety. If a court cancels a prohibition
20under sub. (13) (cv) 1. under this paragraph, the court clerk shall notify the
21department of justice of that fact and provide any information identifying the subject
22individual that is necessary to permit an accurate involuntary commitment record
23search under s. 175.35 (2g) (c)
or a background check under s. 175.50 (9g) (b). No
24other information from the subject individual's court records may be disclosed to the
25department of justice except by order of the court.
AB763-ASA1,7,62
51.30
(3) (a) Except as provided in pars. (b) and (c)
and s. 175.50 (11) (d) 2. g.
3and 3. and under rules that the department of justice promulgates under s. 175.35
4(2g) (c) 3. or 175.50 (9g) (f), the files and records of the court proceedings under this
5chapter shall be closed but shall be accessible to any individual who is the subject of
6a petition filed under this chapter.
AB763-ASA1,7,108
55.06
(17) (d) Notwithstanding par. (a), information from records described in
9par. (a) may be disclosed under rules that the department of justice promulgates
10under s. 175.35 (2g) (c) 3. or 175.50 (9g) (f).
AB763-ASA1,7,1312
59.25
(3) (u) 1. Establish a segregated fund, the proceeds of which may be used
13by the county to award shooting range grants under s. 175.50 (20m).
AB763-ASA1,7,1514
2. Deposit into the segregated fund created under subd. 1. all moneys received
15under s. 175.50 (7) (bp) or (15) (b) 4. c.
AB763-ASA1,7,1716
3. Make payments from the fund established under subd. 1. as directed by the
17county.
AB763-ASA1,7,2219
165.25
(11) List of concealed-carry license approved states. Determine
20which states issue permits or licenses to carry a concealed weapon to persons who
21pass criminal background checks in those states and promulgate by rule a list of
22those states.
AB763-ASA1, s. 27
23Section
27. 165.82 (1) (intro.) of the statutes is amended to read:
AB763-ASA1,8,224
165.82
(1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall
25impose the following fees, plus any surcharge required under sub. (1m), for criminal
1history searches for purposes unrelated to criminal justice or to s. 175.35
, 175.49, or
2175.50:
AB763-ASA1,8,54
165.82
(2) Except as provided in s. 175.35, the The department of justice shall
5not impose fees for criminal history searches for purposes related to criminal justice.
AB763-ASA1,8,97
167.31
(4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply
8to the placement, possession, transportation, or loading of a firearm by any of the
9following:
AB763-ASA1,8,1110
1. A person who is employed in this state by a public agency as a law
11enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
AB763-ASA1,8,1312
2. A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1)
13(e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763-ASA1,8,1514
3. A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s.
15941.23 (2) (c) 1. to 7. applies.
AB763-ASA1,8,1716
4. A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as
17defined in s. 175.50 (1) (g), if the firearm is handgun, as defined in s. 175.50 (1) (bm).
AB763-ASA1,8,2319
175.35
(1) (am) "Disqualifying mental health adjudication" means one of the
20following events if it occurs in a proceeding that was not commenced by the person
21who is the subject of the proceeding and if it is based on the person having markedly
22subnormal intelligence or the person's mental illness, incompetency, condition, or
23disease:
AB763-ASA1,8,2524
1. An order entered by a court in this state that commits a person for treatment
25in an inpatient mental health facility.
AB763-ASA1,9,3
12. A determination by a court in this state that a person is a danger to himself
2or herself or others under s. 51.20 (1) (a) 2. or lacks the mental capacity to contract
3or manage his or her own affairs.
AB763-ASA1,9,175
175.35
(1) (at) "Firearms restrictions record search" means a search of
6department of justice records to determine whether a person seeking to purchase a
7handgun is prohibited from possessing a firearm under s. 941.29
or based on a
8disqualifying mental health adjudication. "Firearms restriction record search"
9includes a criminal history record search, a search to determine whether a person is
10prohibited from possessing a firearm under s. 51.20 (13) (cv), a search to determine
11whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal
12injunction, as defined in s. 813.12 (1) (e), issued by a court established by any
13federally recognized Wisconsin Indian tribe or band, except the Menominee Indian
14tribe of Wisconsin, that includes notice to the respondent that he or she is subject to
15the requirements and penalties under s. 941.29 and that has been filed with the
16circuit court under s. 806.247 (3), and a search to determine whether the person is
17prohibited from possessing a firearm under s. 813.125 (4m).
AB763-ASA1,9,2419
175.35
(2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c.,
20have elapsed from the time that the firearms dealer has received a confirmation
21number regarding the firearms restrictions record search under sub. (2g) (c) from the
22department of justice and the firearms dealer has not been notified that the transfer
23would be in violation of s. 941.29
or that the transferee would be prohibited from
24possessing a firearm based on a disqualifying mental health adjudication.
AB763-ASA1, s. 33
25Section
33. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:
AB763-ASA1,10,5
1175.35
(2g) (c) 4. a. If the search indicates that the transferee is prohibited from
2possessing a firearm under s. 941.29
or based on a disqualifying mental health
3adjudication, the department shall provide the firearms dealer with a unique
4nonapproval number. The department may not disclose to the firearms dealer the
5reason the transferee is prohibited from possessing a firearm
under s. 941.29.
AB763-ASA1,10,86
b. If the search indicates that the transferee is not prohibited from possessing
7a firearm under s. 941.29
or based on a disqualifying mental health adjudication, the
8department shall provide the firearms dealer with a unique approval number.