Amendment ASA1-AB763

AB763-ASA1,31,2 c. If the background check indicates that the applicant was the subject of a relevant criminal charge for which there is no recorded disposition or if, in the case of a misdemeanor delinquency adjudication, the background check does not indicate how long the resultant dispositional order was in effect, make all reasonable efforts to obtain the missing information.

AB763-ASA1,31,5 (c) The department shall conduct the background check under par. (b) immediately if the background check is for an applicant for an emergency license under sub. (9r).

AB763-ASA1,31,8 (d) The department shall maintain the record of all completed application forms and a record of all confirmation numbers and corresponding approval or nonapproval numbers regarding background checks under this subsection.

AB763-ASA1,31,20 (e) 1. The department shall check each application form under par. (d) against the information recorded by the department regarding the corresponding request for a background check under this subsection. If the department previously provided a unique approval number regarding the request and nothing in the completed application form indicates that the applicant is not qualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall, except as provided in subd. 2., destroy all records regarding that background check within 30 days after receiving the form. If the department previously provided a unique approval number regarding the request and the completed application form indicates that the applicant is not qualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall immediately revoke the license.

AB763-ASA1,31,25 2. The department may maintain records necessary to administer this subsection and, for a period of not more than 15 months after the department issues a unique approval number, a log of dates of requests for background checks under this subsection together with confirmation numbers and unique approval and nonapproval numbers corresponding to those dates.

AB763-ASA1,32,3 (f) The department shall promulgate rules authorizing it to obtain records necessary to determine an applicant's eligibility under sub. (3) (e), (g) 1., (i), (im), and (j) for a license issued under this section.

AB763-ASA1,32,15 (9r) Emergency license. (a) Unless the department knows that the person is not qualified for a license under sub. (3) (a) to (g) or (i) to (s), the department shall issue a license under this section to an individual who does not satisfy the requirements under sub. (3) (h) 1. if the department determines that immediate licensure is warranted to protect the individual from death or great bodily harm, as defined in s. 939.22 (14). If the individual has obtained a temporary restraining order or injunction under s. 813.12 or 813.125 or a foreign protection order that meets the requirements of s. 806.247 (2) and that has the same effect as an order issued under s. 813.12 or 813.125, the department shall presume that immediate licensure is warranted to protect the individual from death or great bodily harm. If the department issues a license under this paragraph it shall conduct an immediate background check under sub. (9g).

AB763-ASA1,32,17 (b) 1. Except as provided in subd. 2. and par. (d), a license issued under par. (a) is valid for 120 days from the date on which it is issued and may not be renewed.

AB763-ASA1,32,20 2. If the department learns that an individual to whom the department has issued a license under par. (a) does not qualify for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall revoke the license.

AB763-ASA1,33,2 (c) The department may waive the fees that would otherwise be required under sub. (7) (bd), (bh), and (bp) for an individual who is applying for a license under par. (a) if requiring the individual to pay the fees would create a hardship for the individual. The department shall promulgate rules specifying the procedures and definitions to apply when determining whether an individual is eligible for a waiver of the fees for an emergency license under this section as provided under this paragraph.

AB763-ASA1,33,6 (d) A person who has been issued a license under par. (a) may obtain a license under sub. (2) if he or she meets the qualifications specified under sub. (3) and completes the application process specified in sub. (7). A license issued to a person under par. (a) is void if the person is issued a license under sub. (2).

AB763-ASA1,33,9 (10) Exemption from background check. Notwithstanding subs. (9) (a) and (15) (c), the department shall issue or renew a license under this section to any of the following individuals without requesting a background check:

AB763-ASA1,33,10 (a) A law enforcement officer.

AB763-ASA1,33,11 (b) A correctional officer.

AB763-ASA1,33,12 (c) A probation, parole, and extended supervision agent.

AB763-ASA1,33,14 (d) A person who holds a current certification from the law enforcement standards board under s. 165.85 (3) (c).

AB763-ASA1,33,20 (11) Licensee information. (a) The department shall maintain a computerized record listing the names and the information specified in sub. (2m) (b) of all individuals who have been issued a license under this section. After entering all of the information, the department may not store, maintain, format, sort, or access the information in any way other than by the names, dates of birth, or sex of licensees or by the identification numbers assigned to licensees under sub. (2m) (b) 6.

AB763-ASA1,33,23 (c) 1. The department shall provide information concerning a specific licensee to a law enforcement agency, but only if the law enforcement agency is requesting the information for any of the following purposes:

AB763-ASA1,33,25 a. To confirm that a license produced by an individual at the request of a law enforcement officer is valid.

AB763-ASA1,34,3 b. To confirm that the individual holds a valid license under this section, if the individual is going armed with a concealed weapon but is not carrying his or her license document and claims to hold a valid license issued under this section.

AB763-ASA1,34,7 c. To investigate whether an individual submitted an intentionally false notarized statement under sub. (7) (b) or (15) (b) 2., intentionally violated sub. (12) (a), or intentionally made a false statement to the department in connection with the individual's request for an emergency license under sub. (9r).

AB763-ASA1,34,13 2. If the department maintains information compiled under this section regarding licensees through the transaction information for the management of enforcement system and a law enforcement officer uses that system in the context of a vehicle stop that meets the requirements of s. 349.02 (2) (a), the law enforcement officer may obtain information from that system regarding the licensee's status as a licensee only for the purposes listed in subd. 1.

AB763-ASA1,34,14 (d) 1. In this paragraph:

AB763-ASA1,34,17 a. "Clerk" means the clerk of the circuit court or, if it has enacted a law or an ordinance in conformity with s. 346.63, the clerk of the court for a federally recognized American Indian tribe or band in this state, a city, a village, or a town.

AB763-ASA1,34,19 b. "Court automated information systems" means the systems under s. 758.19 (4).

AB763-ASA1,34,24 2. The court automated information systems, or the clerk or register in probate, if the information is not contained in or cannot be transmitted by the court automated information systems, shall promptly notify the department of the name of any individual with respect to whom any of the following occurs and the specific reason for the notification:

AB763-ASA1,35,5 a. The individual is charged with a felony, a misdemeanor crime of violence, a violation of ch. 961, the solicitation, conspiracy, or attempt to commit any violation of ch. 961, a violation of s. 941.20 (1) (b), a violation of sub. (17) (c), (d), or (e), or any other crime that, upon conviction, would disqualify the individual from having a license under this section.

AB763-ASA1,35,6 b. The individual is charged with a drunk driving offense.

AB763-ASA1,35,8 c. The individual is found by a court to have committed any offense described in subd. 2. a. or b.

AB763-ASA1,35,10 d. Prosecution of a felony or a misdemeanor crime of violence for which the individual is charged is suspended under a deferred prosecution agreement.

AB763-ASA1,35,11 e. The individual is found incompetent under s. 971.14.

AB763-ASA1,35,13 f. The individual is found not guilty of any crime by reason of mental disease or mental defect under s. 971.17.

AB763-ASA1,35,15 g. The individual is involuntarily committed for treatment under s. 51.20 or 51.45.

AB763-ASA1,35,16 h. The individual is found incompetent under ch. 880.

AB763-ASA1,35,18 i. The individual becomes subject to an injunction described in s. 941.29 (1) (f) or is ordered not to possess a firearm under s. 813.125 (4m).

AB763-ASA1,35,20 j. A court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c).

AB763-ASA1,35,23 3. Upon receiving a notice under subd. 2., the department shall immediately determine if the individual who is the subject of the notice is a licensee, using the list maintained under par. (a).

AB763-ASA1,36,3 (12) Updated information. (a) Within 10 days after being charged under federal law or the law of another state with any crime or any drunk driving offense, a licensee shall notify the department of the charge.

AB763-ASA1,36,6 (b) No later than 30 days after changing his or her address, a licensee shall inform the department of his or her new address. The department shall include the individual's new address in the list under sub. (11) (a).

AB763-ASA1,36,12 (13) Lost or destroyed license. No later than 30 days after losing his or her license document or after his or her license document is destroyed, a licensee shall submit to the department a notarized statement that his or her license document has been lost or destroyed. The department shall issue a replacement license document within 14 days of receiving the notarized statement and a replacement license fee of $15.

AB763-ASA1,36,15 (14) License revocation and suspension. (a) The department shall revoke a license issued under this section if the licensee no longer meets all of the criteria specified in sub. (3) (b) to (g), (i) to (n), and (p) to (s).

AB763-ASA1,36,17 (am) 1. If any of the following occurs with respect to a licensee, the department shall suspend the licensee's license:

AB763-ASA1,36,19 a. The licensee is the subject of a pending civil or criminal case, the disposition of which could require revocation of his or her license under par. (a).

AB763-ASA1,36,21 b. A court has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3) (c).

AB763-ASA1,36,25 2. If the department suspends a license under subd. 1., and, upon disposition of the case, the person to whom the license was issued meets all of the criteria specified in sub. (3), the department shall restore the license within 14 days of receiving the disposition.

AB763-ASA1,37,2 (b) 1. If the department revokes or suspends a license under this section, the revocation or suspension shall take effect immediately.

AB763-ASA1,37,8 2. If the department suspends or revokes a license issued under this section, it shall send the individual whose license has been suspended or revoked notice of the suspension or revocation by certified mail within one day after the suspension or revocation. Within 7 days after receiving the notice, the individual whose license has been suspended or revoked shall deliver the license document personally or by certified mail to the department.

AB763-ASA1,37,12 (14g) Departmental review. The department shall promulgate rules providing for the review of any action by the department denying an application for a license under this section, suspending or revoking a license under this section, or denying certification as an instructor under sub. (3m) (b).

AB763-ASA1,37,17 (14m) Appeals to the circuit court. (a) A person aggrieved by any action by the department denying an application for a license under this section, suspending or revoking a license under this section, or denying certification as an instructor under sub. (3m) (b) may appeal directly to the circuit court of his or her county, but only if the person has completed the review process established under sub. (14g).

AB763-ASA1,37,24 (b) To begin an appeal under this subsection, the aggrieved person shall file a petition for review with the clerk of the applicable circuit court within 30 days after the completion of the review process established under sub. (14g). The petition shall state the substance of the department's action that the person is appealing from and the grounds upon which the person believes the department's action to be improper. The petition may include a copy of any records or documents that are relevant to the grounds upon which the person believes the department's action to be improper.

AB763-ASA1,38,3 (c) A copy of the petition shall be served upon the department either personally or by registered or certified mail within 5 days after the person files his or her petition under par. (b).

AB763-ASA1,38,7 (d) The department shall file an answer within 15 days after being served with the petition under par. (c). The answer shall include a brief statement of the actions taken by the department. A copy of any documents or records on which the department based its action shall be included with the answer when filed.

AB763-ASA1,38,13 (e) The court shall review the petition, the answer, and any records or documents submitted with the petition or the answer. The review under this paragraph shall be conducted by the court without a jury and shall be confined to the petition, the answer, and any records or documents submitted with the petition or the answer, except that in cases of alleged irregularities in procedure by the department the court may take testimony that the court determines is appropriate.

AB763-ASA1,38,15 (f) The court shall affirm the department's action unless the court finds any of the following:

AB763-ASA1,38,16 1. That the department failed to follow procedure prescribed under this section.

AB763-ASA1,38,18 2. That the department erroneously interpreted a provision of law and a correct interpretation compels a different action.

AB763-ASA1,38,20 3. That the department's action depends on a finding of fact that is not supported by substantial evidence in the record.

AB763-ASA1,38,22 (g) 1. The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.

AB763-ASA1,38,25 2. If the court overturns the department's decision under sub. (3m) (b), the court shall order the department to pay the aggrieved person all court costs and reasonable attorney fees.

AB763-ASA1,39,4 (15) License expiration and renewal. (a) Except as provided in par. (e) and sub. (9r) (b) 1., a license issued under this section is valid for a period of 5 years from the date on which the license is issued unless the license is suspended or revoked under sub. (9g) (e) 1. or (14).

AB763-ASA1,39,9 (b) The department shall design a notice of expiration form. At least 90 days before the expiration date of a license issued under this section, the department shall mail to the licensee a notice of expiration form and a form for renewing the license. The department shall renew the license if, before the date the license expires, the licensee does all of the following:

AB763-ASA1,39,10 1. Submits a renewal application on the form provided by the department.

AB763-ASA1,39,13 2. Submits a notarized statement reporting that the information provided under subd. 1. is true and complete to the best of his or her knowledge and that he or she is qualified under sub. (3).

AB763-ASA1,39,14 4. Pays all of the following:

AB763-ASA1,39,15 a. A $27 renewal fee.

AB763-ASA1,39,16 b. A fee for a background check of $8.

AB763-ASA1,39,19 c. A shooting range improvement fee of $15 written as a separate check, made out to the applicant's county of residence, that the department shall forward to that county on at least a quarterly basis.

AB763-ASA1,39,21 (c) The department shall conduct a background check of a licensee as provided under sub. (9g) before renewing the licensee's license under par. (b).

AB763-ASA1,39,25 (d) If an individual whose license has expired does not submit a renewal application under par. (b) before 6 months after the expiration date, the license shall permanently expire. An individual whose license has permanently expired may apply for a new license under sub. (7).

AB763-ASA1,40,4 (e) The license of a member of the U.S. armed forces, a reserve unit of the armed forces, or the national guard who is deployed overseas while on active duty may not expire until at least 90 days after the end of the licensee's overseas deployment unless the license is suspended or revoked under sub. (9g) (e) 1. or (14).

AB763-ASA1,40,9 (15m) Private employer restrictions. (a) Except as provided in par. (b), a private employer may prohibit a licensee or an out-of-state licensee that it employs from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee's or out-of-state licensee's employment or during any part of the licensee's or out-of-state licensee's course of employment.

AB763-ASA1,40,13 (b) A private employer may not prohibit a licensee or an out-of-state licensee, as a condition of employment, from carrying a concealed weapon or a particular type of concealed weapon in the licensee's or out-of-state licensee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment.

AB763-ASA1,40,15 (16) Prohibited activity. (a) Neither a licensee nor an out-of-state licensee may knowingly carry a concealed weapon in any of the following places:

AB763-ASA1,40,16 1. A place that has been declared a nuisance under ch. 823.

AB763-ASA1,40,20 2. A police station, sheriff's office, or state patrol station. This subdivision does not prohibit a peace officer who is acting within the scope of his or her employment from carrying a concealed weapon in a police station, sheriff's office, or state patrol station.

AB763-ASA1,40,21 3. A prison, jail, house of correction, or secured correctional facility.

AB763-ASA1,40,25 4. A courthouse, except that a judge who is a licensee may carry a concealed weapon in a courthouse in which he or she is presiding in court and may permit in writing any other licensee or out-of-state licensee to carry a concealed weapon in a courthouse in which he or she is presiding in court.

AB763-ASA1,41,3 5. A place at which a school, college, or professional athletic event is taking place, unless the event is related to firearms and the licensee or out-of-state licensee is a participant in the event.

AB763-ASA1,41,4 6. A school administration building.

AB763-ASA1,41,6 7. Any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, unless one of the following applies:

AB763-ASA1,41,8 a. The licensee or the out-of-state licensee is a person described in s. 941.237 (3) (a), (b), (c), (cm), or (d).

AB763-ASA1,41,10 b. If the licensee or the out-of-state licensee is carrying a handgun, his or her possession of the handgun is described in s. 941.237 (3) (e), (f), (g), (h), (i), or (j).

AB763-ASA1,41,13 c. The sale of intoxicating liquors or fermented malt beverages or both on those premises accounts for not more than 50 percent of the proprietor's annual gross receipts from those premises.

AB763-ASA1,41,15 8. In or beyond a security checkpoint in an airport, unless the weapon is encased for shipment as baggage to be transported by aircraft.

AB763-ASA1,41,16 9. A place in which carrying the weapon is prohibited by federal law.

AB763-ASA1,41,17 10. A kindergarten facility or classroom.

AB763-ASA1,41,23 (at) Neither a licensee nor an out-of-state licensee may carry a concealed weapon in a building owned or leased by the state or any political subdivision of the state if the building provides electronic screening for weapons at all public entrances to the building and for the locked storage of weapons on the premises while the licensee or out-of-state licensee is in the building. This paragraph does not apply to:

AB763-ASA1,41,25 1. Peace officers or armed forces or military personnel who go armed in the line of duty.

AB763-ASA1,42,2 2. A person authorized to carry a weapon in the building by the chief of police of the city, village, or town or the sheriff of the county in which the building is located.