AB763-ASA1,26,2424
1. Instruction on how to handle, load, unload, and store handguns.
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12. Instruction on the privilege of self-defense and the defense of others under
2s. 939.48.
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3. Instruction on how to avoid injuring 3rd parties when defending himself,
4herself, or others in a manner that is privileged under s. 939.48.
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4. Instruction on basic self-defense principles.
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5. Instruction on how to carry a concealed handgun safely.
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6. Instruction on firing a handgun.
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7. Practice firing a handgun.
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(am) The department may not specify the number of hours of instruction, either
10in the aggregate or with respect to any of the individual topics specified in par. (a)
111. to 7., that a course or class must provide.
AB763-ASA1,27,1512
(b) The department shall certify instructors who are qualified to teach a course
13or class described in par. (a) and maintain a list of instructors that it certifies. To be
14certified by the department as an instructor, a person must meet all of the following
15criteria:
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1. Be qualified under sub. (3) to carry a concealed weapon.
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2. Be able to demonstrate the ability and knowledge required for instructing
18students under par. (a) 1. to 7.
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19(5) Application, renewal, and training forms. (a) The department shall design
20an application form for use by individuals who apply for a license under this section
21and a renewal form for use by individuals applying for renewal of a license under sub.
22(15). The department shall complete the design of the application form no later than
23the first day of the 2nd month beginning after the effective date of this subsection ....
24[revisor inserts date], and shall complete the design of the renewal form no later than
25the first day of the 36th month beginning after the effective date of this subsection
1.... [revisor inserts date]. The forms shall require the applicant to provide only his
2or her name, address, date of birth, state identification card number, race, sex,
3height, weight, and hair and eye color and shall include all of the following:
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1. A statement that the applicant is eligible for a license if the requirements
5specified in sub. (3) are met.
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2. A statement explaining the privilege of self-defense and defense of others
7under s. 939.48, with a place for the applicant to sign his or her name to indicate that
8he or she has read and understands the statement.
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3. A statement, with a place for the applicant to sign his or her name, to indicate
10that the applicant has read and understands the requirements of this section.
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4. A statement that the application must include the notarized statement
12described under sub. (7) (b) and that an applicant may be prosecuted if he or she gives
13a false answer to any question on the application or submits a falsified document
14with the application.
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5. A statement of the penalties for giving a false answer to any question on the
16application or submitting a falsified document with the application.
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(b) The department shall design a form for use by individuals listed in sub. (3)
18(h) 2. to verify a person's eligibility for a license under sub. (3) (b) and (h) 1. The form
19shall provide for verification of a person's eligibility under sub. (3) (b) by providing
20a space for the individual completing the form to check a box indicating whether the
21person is eligible for a license under sub. (3) (b).
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(c) The department shall make the forms described in this subsection available
23on the Internet or by mail upon request.
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24(6) Review by notary. Before a person submits an application under sub. (7),
25the person shall display a valid license document or identification card that he or she
1has been issued under s. 343.17 or 343.50 to the notary who is to notarize the
2statement required under sub. (7) (b). Before notarizing that statement, the notary
3shall verify the person's identity using that license document or identification card
4and verify that the name and state identification card number listed on the license
5document or identification card are the same as the name and state identification
6card number listed on the application.
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7(7) Submission of application. An individual may apply for a license under this
8section with the department by submitting to the department all of the following:
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(a) A completed application in the form prescribed under sub. (5) (a).
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(b) A notarized statement that states that the information that he or she is
11providing in the application submitted under par. (a) and any document submitted
12with the application is true and complete to the best of his or her knowledge.
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(bd) A license fee of $52.
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(bh) A fee for a background check of $8.
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(bp) A shooting range improvement fee of $15 written as a separate check,
16made out to the applicant's county of residence, that the department shall forward
17to that county on at least a quarterly basis.
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(d) A training certificate, in the form created by the department under sub. (5)
19(b), that is completed by the person specified in sub. (3) (h) 2. and that shows that the
20person is eligible for a license under sub. (3) (b) and (h) 1. This paragraph does not
21apply to a person certified under sub. (3m) (b) as an instructor of a firearm training
22or firearm safety course or class.
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23(9) Processing of application. (a) Upon receiving an application submitted
24under sub. (7), the department shall conduct a background check, as provided under
25sub. (9g).
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1(b) Within 21 days after receiving an application under sub. (7), the department
2shall do one of the following:
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1. Issue the license and promptly send the licensee his or her license document
4by 1st class mail.
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2. Deny the application, but only if the applicant fails to qualify under the
6criteria specified in sub. (3). If the department denies the application, the
7department shall inform the applicant in writing, stating the reason and factual
8basis for the denial to the extent permitted under federal law.
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9(9g) Background checks. (b) The department shall conduct a background
10check regarding an applicant for a license using the following procedure:
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1. The department shall create a confirmation number associated with the
12applicant.
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2. The department shall use the transaction information for management of
14enforcement system and the national crime information center system.
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3. As soon as practicable, the department shall do the following:
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a. If the background check indicates that the applicant does not qualify for a
17license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), create
18a unique nonapproval number for the applicant.
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b. If the completed background check does not indicate that the applicant is
20disqualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m),
21(n), (o), or (r), create a unique approval number for the applicant.
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c. If the background check indicates that the applicant was the subject of a
23relevant criminal charge for which there is no recorded disposition or if, in the case
24of a misdemeanor delinquency adjudication, the background check does not indicate
1how long the resultant dispositional order was in effect, make all reasonable efforts
2to obtain the missing information.
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(c) The department shall conduct the background check under par. (b)
4immediately if the background check is for an applicant for an emergency license
5under sub. (9r).
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(d) The department shall maintain the record of all completed application
7forms and a record of all confirmation numbers and corresponding approval or
8nonapproval numbers regarding background checks under this subsection.
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(e) 1. The department shall check each application form under par. (d) against
10the information recorded by the department regarding the corresponding request for
11a background check under this subsection. If the department previously provided
12a unique approval number regarding the request and nothing in the completed
13application form indicates that the applicant is not qualified for a license under sub.
14(3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall,
15except as provided in subd. 2., destroy all records regarding that background check
16within 30 days after receiving the form. If the department previously provided a
17unique approval number regarding the request and the completed application form
18indicates that the applicant is not qualified for a license under sub. (3) (c), (d), (e), (f),
19(g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall immediately revoke
20the license.
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2. The department may maintain records necessary to administer this
22subsection and, for a period of not more than 15 months after the department issues
23a unique approval number, a log of dates of requests for background checks under
24this subsection together with confirmation numbers and unique approval and
25nonapproval numbers corresponding to those dates.
AB763-ASA1,32,3
1(f) The department shall promulgate rules authorizing it to obtain records
2necessary to determine an applicant's eligibility under sub. (3) (e), (g) 1., (i), (im), and
3(j) for a license issued under this section.
AB763-ASA1,32,15
4(9r) Emergency license. (a) Unless the department knows that the person is
5not qualified for a license under sub. (3) (a) to (g) or (i) to (s), the department shall
6issue a license under this section to an individual who does not satisfy the
7requirements under sub. (3) (h) 1. if the department determines that immediate
8licensure is warranted to protect the individual from death or great bodily harm, as
9defined in s. 939.22 (14). If the individual has obtained a temporary restraining
10order or injunction under s. 813.12 or 813.125 or a foreign protection order that meets
11the requirements of s. 806.247 (2) and that has the same effect as an order issued
12under s. 813.12 or 813.125, the department shall presume that immediate licensure
13is warranted to protect the individual from death or great bodily harm. If the
14department issues a license under this paragraph it shall conduct an immediate
15background check under sub. (9g).
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(b) 1. Except as provided in subd. 2. and par. (d), a license issued under par. (a)
17is valid for 120 days from the date on which it is issued and may not be renewed.
AB763-ASA1,32,2018
2. If the department learns that an individual to whom the department has
19issued a license under par. (a) does not qualify for a license under sub. (3) (c), (d), (e),
20(f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall revoke the license.
AB763-ASA1,33,221
(c) The department may waive the fees that would otherwise be required under
22sub. (7) (bd), (bh), and (bp) for an individual who is applying for a license under par.
23(a) if requiring the individual to pay the fees would create a hardship for the
24individual. The department shall promulgate rules specifying the procedures and
25definitions to apply when determining whether an individual is eligible for a waiver
1of the fees for an emergency license under this section as provided under this
2paragraph.
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(d) A person who has been issued a license under par. (a) may obtain a license
4under sub. (2) if he or she meets the qualifications specified under sub. (3) and
5completes the application process specified in sub. (7). A license issued to a person
6under par. (a) is void if the person is issued a license under sub. (2).
AB763-ASA1,33,9
7(10) Exemption from background check. Notwithstanding subs. (9) (a) and
8(15) (c), the department shall issue or renew a license under this section to any of the
9following individuals without requesting a background check:
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(a) A law enforcement officer.
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(b) A correctional officer.
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(c) A probation, parole, and extended supervision agent.
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(d) A person who holds a current certification from the law enforcement
14standards board under s. 165.85 (3) (c).
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15(11) Licensee information. (a) The department shall maintain a computerized
16record listing the names and the information specified in sub. (2m) (b) of all
17individuals who have been issued a license under this section. After entering all of
18the information, the department may not store, maintain, format, sort, or access the
19information in any way other than by the names, dates of birth, or sex of licensees
20or by the identification numbers assigned to licensees under sub. (2m) (b) 6.
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(c) 1. The department shall provide information concerning a specific licensee
22to a law enforcement agency, but only if the law enforcement agency is requesting the
23information for any of the following purposes:
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a. To confirm that a license produced by an individual at the request of a law
25enforcement officer is valid.
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1b. To confirm that the individual holds a valid license under this section, if the
2individual is going armed with a concealed weapon but is not carrying his or her
3license document and claims to hold a valid license issued under this section.
AB763-ASA1,34,74
c. To investigate whether an individual submitted an intentionally false
5notarized statement under sub. (7) (b) or (15) (b) 2., intentionally violated sub. (12)
6(a), or intentionally made a false statement to the department in connection with the
7individual's request for an emergency license under sub. (9r).
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2. If the department maintains information compiled under this section
9regarding licensees through the transaction information for the management of
10enforcement system and a law enforcement officer uses that system in the context
11of a vehicle stop that meets the requirements of s. 349.02 (2) (a), the law enforcement
12officer may obtain information from that system regarding the licensee's status as
13a licensee only for the purposes listed in subd. 1.
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(d) 1. In this paragraph:
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a. "Clerk" means the clerk of the circuit court or, if it has enacted a law or an
16ordinance in conformity with s. 346.63, the clerk of the court for a federally
17recognized American Indian tribe or band in this state, a city, a village, or a town.
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b. "Court automated information systems" means the systems under s. 758.19
19(4).
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2. The court automated information systems, or the clerk or register in probate,
21if the information is not contained in or cannot be transmitted by the court
22automated information systems, shall promptly notify the department of the name
23of any individual with respect to whom any of the following occurs and the specific
24reason for the notification:
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1a. The individual is charged with a felony, a misdemeanor crime of violence, a
2violation of ch. 961, the solicitation, conspiracy, or attempt to commit any violation
3of ch. 961, a violation of s. 941.20 (1) (b), a violation of sub. (17) (c), (d), or (e), or any
4other crime that, upon conviction, would disqualify the individual from having a
5license under this section.
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b. The individual is charged with a drunk driving offense.
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c. The individual is found by a court to have committed any offense described
8in subd. 2. a. or b.
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d. Prosecution of a felony or a misdemeanor crime of violence for which the
10individual is charged is suspended under a deferred prosecution agreement.
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e. The individual is found incompetent under s. 971.14.
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f. The individual is found not guilty of any crime by reason of mental disease
13or mental defect under s. 971.17.
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g. The individual is involuntarily committed for treatment under s. 51.20 or
1551.45.
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h. The individual is found incompetent under ch. 880.
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i. The individual becomes subject to an injunction described in s. 941.29 (1) (f)
18or is ordered not to possess a firearm under s. 813.125 (4m).
AB763-ASA1,35,2019
j. A court has prohibited the individual from possessing a dangerous weapon
20under s. 969.02 (3) (c).
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3. Upon receiving a notice under subd. 2., the department shall immediately
22determine if the individual who is the subject of the notice is a licensee, using the list
23maintained under par. (a).
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1(12) Updated information. (a) Within 10 days after being charged under
2federal law or the law of another state with any crime or any drunk driving offense,
3a licensee shall notify the department of the charge.
AB763-ASA1,36,64
(b) No later than 30 days after changing his or her address, a licensee shall
5inform the department of his or her new address. The department shall include the
6individual's new address in the list under sub. (11) (a).
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7(13) Lost or destroyed license. No later than 30 days after losing his or her
8license document or after his or her license document is destroyed, a licensee shall
9submit to the department a notarized statement that his or her license document has
10been lost or destroyed. The department shall issue a replacement license document
11within 14 days of receiving the notarized statement and a replacement license fee of
12$15.
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13(14) License revocation and suspension. (a) The department shall revoke a
14license issued under this section if the licensee no longer meets all of the criteria
15specified in sub. (3) (b) to (g), (i) to (n), and (p) to (s).
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(am) 1. If any of the following occurs with respect to a licensee, the department
17shall suspend the licensee's license:
AB763-ASA1,36,1918
a. The licensee is the subject of a pending civil or criminal case, the disposition
19of which could require revocation of his or her license under par. (a).
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b. A court has prohibited the licensee from possessing a dangerous weapon
21under s. 969.02 (3) (c).
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2. If the department suspends a license under subd. 1., and, upon disposition
23of the case, the person to whom the license was issued meets all of the criteria
24specified in sub. (3), the department shall restore the license within 14 days of
25receiving the disposition.
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1(b) 1. If the department revokes or suspends a license under this section, the
2revocation or suspension shall take effect immediately.
AB763-ASA1,37,83
2. If the department suspends or revokes a license issued under this section,
4it shall send the individual whose license has been suspended or revoked notice of
5the suspension or revocation by certified mail within one day after the suspension
6or revocation. Within 7 days after receiving the notice, the individual whose license
7has been suspended or revoked shall deliver the license document personally or by
8certified mail to the department.
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9(14g) Departmental review. The department shall promulgate rules providing
10for the review of any action by the department denying an application for a license
11under this section, suspending or revoking a license under this section, or denying
12certification as an instructor under sub. (3m) (b).
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13(14m) Appeals to the circuit court. (a) A person aggrieved by any action by
14the department denying an application for a license under this section, suspending
15or revoking a license under this section, or denying certification as an instructor
16under sub. (3m) (b) may appeal directly to the circuit court of his or her county, but
17only if the person has completed the review process established under sub. (14g).
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(b) To begin an appeal under this subsection, the aggrieved person shall file a
19petition for review with the clerk of the applicable circuit court within 30 days after
20the completion of the review process established under sub. (14g). The petition shall
21state the substance of the department's action that the person is appealing from and
22the grounds upon which the person believes the department's action to be improper.
23The petition may include a copy of any records or documents that are relevant to the
24grounds upon which the person believes the department's action to be improper.
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1(c) A copy of the petition shall be served upon the department either personally
2or by registered or certified mail within 5 days after the person files his or her petition
3under par. (b).
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(d) The department shall file an answer within 15 days after being served with
5the petition under par. (c). The answer shall include a brief statement of the actions
6taken by the department. A copy of any documents or records on which the
7department based its action shall be included with the answer when filed.