Amendment ASA2-AB763

AB763-ASA2, s. 11 Section 11. 29.089 (2) (d) of the statutes is created to read:

AB763-ASA2,3,24 29.089 (2) (d) 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-ASA2, s. 12 Section 12. 29.091 of the statutes is renumbered 29.091 (1) and amended to read:

AB763-ASA2,4,10 29.091 (1) No person may hunt or trap within any wildlife refuge established under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words "Wisconsin Wildlife Refuge".

AB763-ASA2, s. 13 Section 13. 29.091 (2) of the statutes is created to read:

AB763-ASA2,4,14 29.091 (2) The prohibition in sub. (1), as it relates to the possession or control of a loaded or unencased gun or firearm within a game refuge established under s. 23.09 (2) (b), does not apply to any of the following:

AB763-ASA2,4,16 (a) 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-ASA2,4,18 (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-ASA2,4,20 (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-ASA2,4,23 (d) 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 gun or firearm is a handgun, as defined in s. 175.50 (1) (bm).

AB763-ASA2, s. 14 Section 14. 29.621 (4) of the statutes is renumbered 29.621 (4) (intro.) and amended to read:

AB763-ASA2,5,9 29.621 (4) Protection. (intro.) Except as provided in s. 29.091 (1), no owner of a wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or have in his or her possession or under his or her control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. Nothing in this section may prohibit, prevent or interfere with the department in the destruction of injurious animals. This subsection, as it relates to the possession or control of a loaded or unencased firearm, does not apply to any of the following:

AB763-ASA2, s. 15 Section 15. 29.621 (4) (a) of the statutes is created to read:

AB763-ASA2,5,12 29.621 (4) (a) 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-ASA2, s. 16 Section 16. 29.621 (4) (b) of the statutes is created to read:

AB763-ASA2,5,15 29.621 (4) (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-ASA2, s. 17 Section 17. 29.621 (4) (c) of the statutes is created to read:

AB763-ASA2,5,18 29.621 (4) (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-ASA2, s. 18 Section 18. 29.621 (4) (d) of the statutes is created to read:

AB763-ASA2,5,22 29.621 (4) (d) 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 gun or firearm is a handgun, as defined in s. 175.50 (1) (bm).

AB763-ASA2, s. 19 Section 19. 29.621 (6) of the statutes is created to read:

AB763-ASA2,5,25 29.621 (6) Injurious animals. Nothing in this section may prohibit, prevent, or interfere with the department in the destruction of injurious animals.

AB763-ASA2, s. 20 Section 20. 51.20 (13) (cv) 4. of the statutes is amended to read:

AB763-ASA2,6,11 51.20 (13) (cv) 4. If the court prohibits a subject individual from possessing a firearm under subd. 1. or cancels a prohibition under subd. 2., the court clerk shall notify the department of justice of that fact and provide any information identifying the subject individual that is necessary to permit an accurate involuntary commitment history record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b). No other information from the subject individual's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose information provided under this subdivision only as part of an involuntary commitment history record search under s. 175.35 (2g) (c).

AB763-ASA2, s. 21 Section 21. 51.20 (16) (gm) of the statutes is amended to read:

AB763-ASA2,6,23 51.20 (16) (gm) Upon a request under par. (a), a court may cancel the prohibition under sub. (13) (cv) 1. if the court determines, based on evidence presented on the issue of the subject individual's dangerousness, that there no longer is a substantial probability that the individual may use a firearm to cause physical harm to himself or herself or endanger public safety. If a court cancels a prohibition under sub. (13) (cv) 1. under this paragraph, the court clerk shall notify the department of justice of that fact and provide any information identifying the subject individual that is necessary to permit an accurate involuntary commitment record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b). No other information from the subject individual's court records may be disclosed to the department of justice except by order of the court.

AB763-ASA2, s. 22 Section 22. 51.30 (3) (a) of the statutes is amended to read:

AB763-ASA2,7,5 51.30 (3) (a) Except as provided in pars. (b) and (c) and s. 175.50 (11) (a) 2. g. and 3. and under rules that the department of justice promulgates under s. 175.35 (2g) (c) 3. or 175.50 (9g) (f), the files and records of the court proceedings under this chapter shall be closed but shall be accessible to any individual who is the subject of a petition filed under this chapter.

AB763-ASA2, s. 23 Section 23. 55.06 (17) (d) of the statutes is created to read:

AB763-ASA2,7,9 55.06 (17) (d) Notwithstanding par. (a), information from records described in par. (a) may be disclosed under rules that the department of justice promulgates under s. 175.35 (2g) (c) 3. or 175.50 (9g) (f).

AB763-ASA2, s. 24 Section 24. 59.25 (3) (u) of the statutes is created to read:

AB763-ASA2,7,12 59.25 (3) (u) 1. Establish a segregated fund, the proceeds of which may be used by the county to award shooting range grants under s. 175.50 (20m).

AB763-ASA2,7,14 2. Deposit into the segregated fund created under subd. 1. all moneys received under s. 175.50 (7) (bp) or (15) (b) 4. c.

AB763-ASA2,7,16 3. Make payments from the fund established under subd. 1. as directed by the county.

AB763-ASA2, s. 25 Section 25. 165.25 (11) of the statutes is created to read:

AB763-ASA2,7,22 165.25 (11) Rules regarding concealed weapons licenses. (a) Promulgate rules providing a procedure by which the department may file a petition under s. 175.50 (10m) and a license may be revoked under s. 175.50 (14) with respect to a person who is issued a license under s. 175.50 (9r) and who, as a result of being licensed, poses a substantial risk to others.

AB763-ASA2,7,25 (b) Determine which states issue permits or licenses to carry a concealed weapon to persons who pass criminal background checks in those states and promulgate by rule a list of those states.

AB763-ASA2, s. 26 Section 26. 165.60 of the statutes is amended to read:

AB763-ASA2,8,8 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (5), and (8), 175.50 (17) (c), (d), and (e), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), and 945.04 (1m) and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

AB763-ASA2, s. 27 Section 27. 165.82 (1) (intro.) of the statutes is amended to read:

AB763-ASA2,8,13 165.82 (1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall impose the following fees, plus any surcharge required under sub. (1m), for criminal history searches for purposes unrelated to criminal justice or to s. 175.35, 175.49, or 175.50:

AB763-ASA2, s. 28 Section 28. 165.82 (2) of the statutes is amended to read:

AB763-ASA2,8,16 165.82 (2) Except as provided in s. 175.35, the The department of justice shall not impose fees for criminal history searches for purposes related to criminal justice.

AB763-ASA2, s. 29 Section 29. 167.31 (4) (ar) of the statutes is created to read:

AB763-ASA2,8,20 167.31 (4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply to the placement, possession, transportation, or loading of a firearm by any of the following:

AB763-ASA2,8,22 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-ASA2,8,24 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-ASA2,9,2 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-ASA2,9,4 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 handgun, as defined in s. 175.50 (1) (bm).

AB763-ASA2, s. 30 Section 30. 175.35 (1) (am) of the statutes is created to read:

AB763-ASA2,9,10 175.35 (1) (am) "Disqualifying mental health adjudication" means one of the following events if it occurs in a proceeding that was not commenced by the person who is the subject of the proceeding and if it is based on the person having markedly subnormal intelligence or the person's mental illness, incompetency, condition, or disease:

AB763-ASA2,9,12 1. An order entered by a court in this state that commits a person for treatment in an inpatient mental health facility.

AB763-ASA2,9,15 2. A determination by a court in this state that a person is a danger to himself or herself or others under s. 51.20 (1) (a) 2. or lacks the mental capacity to contract or manage his or her own affairs.

AB763-ASA2, s. 31 Section 31. 175.35 (1) (at) of the statutes is amended to read:

AB763-ASA2,9,25 175.35 (1) (at) "Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication. "Firearms restriction record search" includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 806.247 (3), and a search to determine whether the person is prohibited from possessing a firearm under s. 813.125 (4m).

AB763-ASA2, s. 32 Section 32. 175.35 (2) (d) of the statutes is amended to read:

AB763-ASA2,10,11 175.35 (2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c., have elapsed from the time that the firearms dealer has received a confirmation number regarding the firearms restrictions record search under sub. (2g) (c) from the department of justice and the firearms dealer has not been notified that the transfer would be in violation of s. 941.29 or that the transferee would be prohibited from possessing a firearm based on a disqualifying mental health adjudication.

AB763-ASA2, s. 33 Section 33. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:

AB763-ASA2,10,17 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the department shall provide the firearms dealer with a unique nonapproval number. The department may not disclose to the firearms dealer the reason the transferee is prohibited from possessing a firearm under s. 941.29.

AB763-ASA2,10,20 b. If the search indicates that the transferee is not prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the department shall provide the firearms dealer with a unique approval number.

AB763-ASA2, s. 34 Section 34. 175.35 (2k) (ar) 2. of the statutes is amended to read:

AB763-ASA2,11,4 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub. (2j) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under sub. (2g). If the department previously provided a unique approval number regarding the request and nothing in the duplicate completed notification form indicates that the transferee is prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the duplicate form.

AB763-ASA2, s. 35 Section 35. 175.48 of the statutes is created to read:

AB763-ASA2,11,7 175.48 Law enforcement officer identification cards. (1) In this section, "Wisconsin law enforcement agency" has the meaning given in s. 175.46 (1) (f).

AB763-ASA2,11,10 (2) If a Wisconsin law enforcement agency issues photographic identification cards to its officers, it may not require an officer to relinquish his or her card upon retirement unless one of the following applies:

AB763-ASA2,11,11 (a) The officer may not lawfully possess a firearm under federal law.

AB763-ASA2,11,13 (b) The officer did not retire in good standing from service as a law enforcement officer with the agency or retired as a result of mental instability.

AB763-ASA2,11,18 (c) The officer was regularly employed as a law enforcement officer for an aggregate of less than 15 years. This paragraph does not apply if the officer, after completing any applicable probationary period of service with the agency, retired from service with the agency due to a service-connected disability, as determined by the agency.

AB763-ASA2,11,20 (d) The officer does not have a nonforfeitable right to benefits under the agency's retirement plan.

AB763-ASA2,11,24 (3) Unless sub. (2) (a), (b), (c), or (d) applies, if a Wisconsin law enforcement agency does not issue photographic identification cards to its officers, it shall issue such a card to an officer formerly employed by that agency upon the former officer's request and at his or her expense.

AB763-ASA2, s. 36 Section 36. 175.49 of the statutes is created to read:

AB763-ASA2,12,2 175.49 Retired law enforcement officers seeking to carry concealed weapons. (1) Definitions. In this section:

AB763-ASA2,12,3 (a) "Department" means the department of justice.

AB763-ASA2,12,5 (b) "Former employer" means a law enforcement agency that employed a retired law enforcement officer immediately before his or her retirement.

AB763-ASA2,12,10 (c) "Law enforcement officer" means a person who is employed by a public agency in the United States for the purpose of engaging in, or supervising others engaging in, the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and who has statutory powers of arrest.

AB763-ASA2,12,14 (2) Issuance of certification. Subject to sub. (3), the department shall issue and provide a retired law enforcement officer, upon request and at his or her own expense, an identification card that contains the information specified in sub. (4) (b) and that certifies all of the following:

AB763-ASA2,12,17 (a) That the department has found that the retired officer has met the standards established by this state for training and qualification for active duty law enforcement officers to carry firearms.

AB763-ASA2,12,18 (b) The date on which the department made the finding under par. (a).

AB763-ASA2,12,21 (c) That, as a result of the finding under par. (a), the retired officer is qualified to carry any concealed firearm other than a machine gun or a firearm bearing a silencer.

AB763-ASA2,12,24 (3) Prerequisites for department action. (a) Subsection (2) does not apply with respect to a person requesting an identification card unless all of the following apply:

AB763-ASA2,13,2 1. The person retired in good standing from service as a law enforcement officer for reasons other than mental instability.

AB763-ASA2,13,3 2. At least one of the following applies:

AB763-ASA2,13,5 a. Before retiring, the person was regularly employed as a law enforcement officer for an aggregate of 15 years or more.

AB763-ASA2,13,8 b. The person completed any applicable probationary period of service with his or her former employer and retired from service due to a service-connected disability, as determined his or her former employer.

AB763-ASA2,13,10 3. The person has a nonforfeitable right to benefits under his or her former employer's retirement plan.

AB763-ASA2,13,13 4. The department determines that its records do not indicate that the person is prohibited from possessing a firearm under federal law or is a person specified in s. 941.29 (1) (a), (b), (bm), (c), (d), (e), or (g).

AB763-ASA2,13,14 5. The person is a resident of this state.

AB763-ASA2,13,17 (b) The department may require a person to sign appropriate consents for release of information to enable it to confirm that he or she meets all of the prerequisites under this subsection for the department to act under sub. (2).

AB763-ASA2,13,21 (c) In addition to other fees authorized under sub. (2), the department may require a person to pay a fee, not to exceed the department's costs, for verifying his or her employment history or retirement plan status under par. (a) 1. to 3. or making a determination under par. (a) 4.