Amendment ASA1-AB763

AB763-ASA1,51,9 3. Within the preceding 12 months, the retired officer met the standards of the state in which he or she resides for training and qualification for active duty law enforcement officers to carry firearms.

AB763-ASA1,51,11 4. The weapon is not a machine gun, as defined in s. 941.27 (1), or a destructive device.

AB763-ASA1,51,12 5. A firearm silencer, as defined in s. 941.298 (1), is not attached to the weapon.

AB763-ASA1,51,13 6. The retired officer is not under the influence of an intoxicant.

AB763-ASA1,51,15 7. The retired officer is not prohibited under federal law from possessing a firearm.

AB763-ASA1, s. 55 Section 55. 941.23 (2) (d) of the statutes is created to read:

AB763-ASA1,51,23 941.23 (2) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-of state licensee, as defined in s. 175.50 (1) (g), if the dangerous weapon is a weapon, as defined under s. 175.50 (1) (j). An individual formerly licensed under s. 175.50 whose license has been suspended or revoked under s. 175.50 (14) may not assert his or her refusal to accept a notice of revocation or suspension mailed under s. 175.50 (14) (b) 2. as a defense to prosecution under this subsection, regardless of whether the person has complied with s. 175.50 (12).

AB763-ASA1, s. 56 Section 56. 941.23 (2) (e) of the statutes is created to read:

AB763-ASA1,52,4 941.23 (2) (e) An individual who goes armed with a concealed and dangerous weapon, as defined in s. 175.50 (1) (j), in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies, unless he or she is prohibited under federal or state law from possessing that weapon.

AB763-ASA1, s. 57 Section 57. 941.23 (3) of the statutes is created to read:

AB763-ASA1,52,9 941.23 (3) (a) A qualified out-of-state law enforcement officer shall, while carrying a concealed firearm, also carry an identification card that contains his or her photograph and that was issued by the law enforcement agency by which he or she is employed.

AB763-ASA1,52,11 (b) A retired law enforcement officer shall, while carrying a concealed firearm, also carry one of the following:

AB763-ASA1,52,17 1. A photographic identification document issued by the retired officer's former employer that indicates that, within the 12 months preceding the date on which the retired officer is carrying the concealed firearm, he or she was tested or otherwise found by his or her former employer to meet the standards that it has established for training and qualification for active duty law enforcement officers to carry a firearm of the same type as the firearm that the retired officer is carrying.

AB763-ASA1,52,19 2. A photographic identification document issued by retired officer's former employer and one of the following:

AB763-ASA1,52,21 a. An identification card issued under s. 175.49 (2), if the retired officer resides in this state.

AB763-ASA1,53,2 b. A certification issued by the state in which the retired officer resides, if the retired officer resides in another state, that indicates that, within the 12 months preceding the date on which the retired officer is carrying the concealed firearm, he or she was tested or otherwise found by that state to meet the state's standards for training and qualification for active duty law enforcement officers to carry a firearm of the same type as the firearm that the retired officer is carrying.

AB763-ASA1,53,4 (c) A person who violates this subsection may be required to forfeit not more than $25.

AB763-ASA1,53,6 (d) This subsection does not apply to a licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g).

AB763-ASA1, s. 58 Section 58. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and amended to read:

AB763-ASA1,53,9 941.235 (2) (intro.) This section does not apply to peace any of the following:

AB763-ASA1,53,11 (a) Peace officers or armed forces or military personnel who go armed in the line of duty or to any.

AB763-ASA1,53,14 (b) A person duly authorized by the chief of police of any city, village or town, the chief of the capitol police or the sheriff of any county to possess a firearm in any building under sub. (1).

AB763-ASA1, s. 59 Section 59. 941.235 (2) (c) of the statutes is created to read:

AB763-ASA1,53,17 941.235 (2) (c) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

AB763-ASA1, s. 60 Section 60. 941.235 (2) (d) of the statutes is created to read:

AB763-ASA1,53,20 941.235 (2) (d) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s. 941.23 (2) (c) 1. to 7. applies.

AB763-ASA1, s. 61 Section 61. 941.235 (2) (e) of the statutes is created to read:

AB763-ASA1,53,24 941.235 (2) (e) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g), if the firearm is a handgun, as defined in s. 175.50 (1) (bm).

AB763-ASA1, s. 62 Section 62. 941.237 (3) (cr) of the statutes is created to read:

AB763-ASA1,54,2 941.237 (3) (cr) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

AB763-ASA1, s. 63 Section 63. 941.237 (3) (ct) of the statutes is created to read:

AB763-ASA1,54,5 941.237 (3) (ct) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s. 941.23 (2) (c) 1. to 7. applies.

AB763-ASA1, s. 64 Section 64. 941.237 (3) (cx) of the statutes is created to read:

AB763-ASA1,54,8 941.237 (3) (cx) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g).

AB763-ASA1, s. 65 Section 65. 941.29 (11) of the statutes is created to read:

AB763-ASA1,54,10 941.29 (11) This section does not apply to any of the following:

AB763-ASA1,54,12 (a) A person who is employed in this state by a public agency as a law enforcement officer, to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.

AB763-ASA1,54,14 (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

AB763-ASA1,54,16 (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s. 941.23 (2) (c) 1. to 7. applies.

AB763-ASA1, s. 66 Section 66. 941.295 (2) (d) of the statutes is amended to read:

AB763-ASA1,54,23 941.295 (2) (d) Any manufacturer or seller whose of electric weapons are used in this state solely by persons, unless the manufacturer or seller engages in the conduct described in sub. (1) with the intent to provide an electric weapon to someone other than a person specified in pars. (a) to (c) or sub. (2g) (a) or to a person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.

AB763-ASA1, s. 67 Section 67. 941.295 (2g) of the statutes is created to read:

AB763-ASA1,55,2 941.295 (2g) The prohibition in sub. (1) on possessing or going armed with an electric weapon does not apply to any of the following:

AB763-ASA1,55,4 (a) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g).

AB763-ASA1,55,8 (b) An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies, unless he or she is prohibited under federal or state law from possessing that weapon.

AB763-ASA1, s. 68 Section 68. 941.295 (2r) of the statutes is created to read:

AB763-ASA1,55,11 941.295 (2r) The prohibition in sub. (1) on transporting an electric weapon does not apply to any of the following:

AB763-ASA1,55,13 (a) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g).

AB763-ASA1,55,15 (b) An individual who transports an electric weapon from any of the following places to any of the following places:

AB763-ASA1,55,16 1. His or her dwelling.

AB763-ASA1,55,17 2. His or her own place of business.

AB763-ASA1,55,18 3. Land that he or she owns, leases, or legally occupies.

AB763-ASA1, s. 69 Section 69. 943.13 (1e) (bm) of the statutes is created to read:

AB763-ASA1,55,21 943.13 (1e) (bm) "Licensee" means a licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g).

AB763-ASA1, s. 70 Section 70. 943.13 (1e) (g) of the statutes is created to read:

AB763-ASA1,55,23 943.13 (1e) (g) "Weapon" has the meaning given in s. 175.50 (1) (j).

AB763-ASA1, s. 71 Section 71. 943.13 (1m) (b) of the statutes is amended to read:

AB763-ASA1,56,5 943.13 (1m) (b) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises. This paragraph does not apply to a licensee if the owner's or occupant's intent is to prevent the licensee from going armed with a concealed weapon on the owner's or occupant's land.

AB763-ASA1, s. 72 Section 72. 943.13 (1m) (c) of the statutes is created to read:

AB763-ASA1,56,15 943.13 (1m) (c) 1. While going armed with a concealed weapon, enters or remains at a residence that the person does not own or occupy after the owner of the residence, if he or she has not leased it to another person, or the occupant of the residence has notified the actor not to enter or remain at the residence while going armed with a concealed weapon or with that type of concealed weapon. In this subdivision, "residence," with respect to a single-family residence, includes all of the premises, and "residence," with respect to a residence that is not a single-family residence, does not include any common area of the building in which the residence is located.

AB763-ASA1,56,23 2. While going armed with a concealed weapon, enters or remains in any part of a nonresidential building that the person does not own or occupy after the owner of the building, if that part of the building has not been leased to another person, or the occupant of that part of the building has notified the actor not to enter or remain in that part of the building while going armed with a concealed weapon or with that type of concealed weapon. This subdivision does not apply to a part of a building occupied by the state or one of its political subdivisions or to any part of a building used for parking.

AB763-ASA1, s. 73 Section 73. 943.13 (2) of the statutes is renumbered 943.13 (2) (am), and 943.13 (2) (am) (intro.) and 1., as renumbered, are amended to read:

AB763-ASA1,57,4 943.13 (2) (am) (intro.) A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this subsection paragraph under either of the following procedures:

AB763-ASA1,57,13 1. If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must carry an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this paragraph subdivision were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this paragraph subdivision.

AB763-ASA1, s. 74 Section 74. 943.13 (2) (bm) of the statutes is created to read:

AB763-ASA1,57,16 943.13 (2) (bm) 1. In this paragraph, "sign" means a sign that states a restriction imposed under subd. 2. that is at least 11 inches square.

AB763-ASA1,57,21 2. For the purposes of sub. (1m) (c) 2., an owner or occupant of a part of a nonresidential building has notified an individual not to enter or remain in that part of the nonresidential building while going armed with a concealed weapon or with a particular type of concealed weapon if the owner or occupant has done all of the following:

AB763-ASA1,57,23 a. Posted a sign that is located in a prominent place near the primary entrance to the part of the nonresidential building to which the restriction applies.

AB763-ASA1,57,24 b. Personally and orally notified the individual of the restriction.

AB763-ASA1, s. 75 Section 75. 943.13 (3) of the statutes is amended to read:

AB763-ASA1,58,4 943.13 (3) Whoever erects on the land of another signs which are the same as or similar to those described in sub. (2) (am) without obtaining the express consent of the lawful occupant of or holder of legal title to such land is subject to a Class C forfeiture.

AB763-ASA1, s. 76 Section 76. 946.32 (3) of the statutes is created to read:

AB763-ASA1,58,7 946.32 (3) This section does not apply to offenses that may be prosecuted under s. 175.50 (17) (c).

AB763-ASA1, s. 77 Section 77. 948.605 (2) (c) of the statutes is created to read:

AB763-ASA1,58,9 948.605 (2) (c) Paragraph (a) does not apply to any of the following:

AB763-ASA1,58,11 1. A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.

AB763-ASA1,58,13 2. A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

AB763-ASA1,58,15 3. A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s. 941.23 (2) (c) 1. to 7. applies.

AB763-ASA1,58,17 4. A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g), if the firearm is a handgun, as defined in s. 175.50 (1) (bm).

AB763-ASA1, s. 78 Section 78. 948.61 (3m) of the statutes is created to read:

AB763-ASA1,58,22 948.61 (3m) This section does not apply to the possession of a weapon, as defined in s. 175.50 (1) (j), other than a handgun, as defined in s. 175.50 (1) (bm), by a licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g).

AB763-ASA1, s. 79 Section 79 . 0Nonstatutory provisions.

AB763-ASA1,59,8 (1) Using the procedure under section 227.24 of the statutes, the department of justice shall promulgate rules required under section 175.35 (2g) (c) 3. of the statutes and under section 175.50 (9g) (f) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under those sections, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection.

AB763-ASA1, s. 80 Section 80. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:

AB763-ASA1,59,12 (1) The treatment of sections 175.49 (4), and 175.50 (2m), (3m) (b), and (5) of the statutes and Section 79 (1) of this act take effect on the day after publication.

AB763-ASA1,59,13 (End)