Amendment SSA2-SB403

SB403-SSA2,27,3 (n) The individual has not been charged with a felony or a misdemeanor crime of violence for which the prosecution was suspended under a deferred prosecution agreement unless 3 years have elapsed since the date of the agreement.

SB403-SSA2,27,6 (o) The individual is not the subject of any pending civil or criminal case, the disposition of which could disqualify him or her from having a license under this subsection.

SB403-SSA2,27,11 (p) The individual has not previously submitted an application for a license under this section and had the application denied, unless each reason for the denial is no longer applicable because of changed circumstances or, if the denial was based on a restriction under this subsection that applies for a specified period of time, because that time period has run.

SB403-SSA2,27,16 (q) The individual has not had a license that was issued under this section revoked, unless each reason for the revocation is no longer applicable because of changed circumstances or, if the revocation was based on a restriction under this subsection that applies for a specified period of time, because that time period has run.

SB403-SSA2,27,20 (r) Within the preceding 3 years, the individual was not convicted under sub. (17) (c), (d), or (e) and was not serving a sentence, on probation, or subject to a dispositional order under ch. 938 for committing an offense under sub. (17) (c), (d), or (e).

SB403-SSA2,27,21 (s) The individual is a Wisconsin resident.

SB403-SSA2,27,23 (3m) Course or class requirements. (a) A firearm training or firearm safety course or class under sub. (3) (h) 1. a. shall consist of all of the following:

SB403-SSA2,27,24 1. Instruction on how to handle, load, unload, and store handguns.

SB403-SSA2,28,2 2. Instruction on the privilege of self-defense and the defense of others under s. 939.48.

SB403-SSA2,28,4 3. Instruction on how to avoid injuring 3rd parties when defending himself, herself, or others in a manner that is privileged under s. 939.48.

SB403-SSA2,28,5 4. Instruction on basic self-defense principles.

SB403-SSA2,28,6 5. Instruction on how to carry a concealed handgun safely.

SB403-SSA2,28,7 6. Instruction on firing a handgun.

SB403-SSA2,28,8 7. Practice firing a handgun.

SB403-SSA2,28,11 (am) The department may not specify the number of hours of instruction, either in the aggregate or with respect to any of the individual topics specified in par. (a) 1. to 7., that a course or class must provide.

SB403-SSA2,28,15 (b) The department shall certify instructors who are qualified to teach a course or class described in par. (a) and maintain a list of instructors that it certifies. To be certified by the department as an instructor, a person must meet all of the following criteria:

SB403-SSA2,28,16 1. Be qualified under sub. (3) to carry a concealed weapon.

SB403-SSA2,28,18 2. Be able to demonstrate the ability and knowledge required for instructing students under par. (a) 1. to 7.

SB403-SSA2,29,4 (5) Application, renewal, and training forms. (a) The department shall design an application form for use by individuals who apply for a license under this section and a renewal form for use by individuals applying for renewal of a license under sub. (15). The department shall complete the design of the application form no later than the first day of the 2nd month beginning after the effective date of this subsection .... [revisor inserts date], and shall complete the design of the renewal form no later than the first day of the 36th month beginning after the effective date of this subsection .... [revisor inserts date]. The forms shall require the applicant to provide only his or her name, address, date of birth, state identification card number, race, sex, height, weight, and hair and eye color and the registration number for each motor vehicle registered in the applicant's name and shall include all of the following:

SB403-SSA2,29,6 1. A statement that the applicant is eligible for a license if the requirements specified in sub. (3) are met.

SB403-SSA2,29,9 2. A statement explaining the privilege of self-defense and defense of others under s. 939.48, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

SB403-SSA2,29,11 3. A statement, with a place for the applicant to sign his or her name, to indicate that the applicant has read and understands the requirements of this section.

SB403-SSA2,29,15 4. A statement that the application must include the notarized statement described under sub. (7) (b) and that an applicant may be prosecuted if he or she gives a false answer to any question on the application or submits a falsified document with the application.

SB403-SSA2,29,17 5. A statement of the penalties for giving a false answer to any question on the application or submitting a falsified document with the application.

SB403-SSA2,29,22 (b) The department shall design a form for use by individuals listed in sub. (3) (h) 2. to verify a person's eligibility for a license under sub. (3) (b) and (h) 1. The form shall provide for verification of a person's eligibility under sub. (3) (b) by providing a space for the individual completing the form to check a box indicating whether the person is eligible for a license under sub. (3) (b).

SB403-SSA2,29,24 (c) The department shall make the forms described in this subsection available on the Internet or by mail upon request.

SB403-SSA2,30,8 (6) Review by notary. Before a person submits an application under sub. (7), the person shall display a valid license document or identification card that he or she has been issued under s. 343.17 or 343.50 to the notary who is to notarize the statement required under sub. (7) (b). Before notarizing that statement, the notary shall verify the person's identity using that license document or identification card and verify that the name and state identification card number listed on the license document or identification card are the same as the name and state identification card number listed on the application.

SB403-SSA2,30,10 (7) Submission of application. An individual may apply for a license under this section with the department by submitting to the department all of the following:

SB403-SSA2,30,11 (a) A completed application in the form prescribed under sub. (5) (a).

SB403-SSA2,30,14 (b) A notarized statement that states that the information that he or she is providing in the application submitted under par. (a) and any document submitted with the application is true and complete to the best of his or her knowledge.

SB403-SSA2,30,15 (bd) A license fee of $52.

SB403-SSA2,30,16 (bh) A fee for a background check of $8.

SB403-SSA2,30,19 (bp) 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.

SB403-SSA2,30,24 (d) A training certificate, in the form created by the department under sub. (5) (b), that is completed by the person specified in sub. (3) (h) 2. and that shows that the person is eligible for a license under sub. (3) (b) and (h) 1. This paragraph does not apply to a person certified under sub. (3m) (b) as an instructor of a firearm training or firearm safety course or class.

SB403-SSA2,31,3 (9) Processing of application. (a) Upon receiving an application submitted under sub. (7), the department shall conduct a background check, as provided under sub. (9g).

SB403-SSA2,31,5 (b) Subject to par. (c), within 21 days after receiving an application under sub. (7), the department shall do one of the following:

SB403-SSA2,31,7 1. Issue the license and promptly send the licensee his or her license document by 1st class mail.

SB403-SSA2,31,11 2. Deny the application, but only if the applicant fails to qualify under the criteria specified in sub. (3). If the department denies the application, the department shall inform the applicant in writing, stating the reason and factual basis for the denial to the extent permitted under federal law.

SB403-SSA2,31,13 (c) The time period specified in par. (b) (intro.) is tolled during the pendency of any action brought under sub. (10m).

SB403-SSA2,31,15 (9g) Background checks. (b) The department shall conduct a background check regarding an applicant for a license using the following procedure:

SB403-SSA2,31,17 1. The department shall create a confirmation number associated with the applicant.

SB403-SSA2,31,19 2. The department shall use the transaction information for management of enforcement system and the national crime information center system.

SB403-SSA2,31,20 3. As soon as practicable, the department shall do the following:

SB403-SSA2,31,23 a. If the background check indicates that the applicant does not qualify for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (mm), (n), (o), or (r), create a unique nonapproval number for the applicant.

SB403-SSA2,32,3 b. If the completed background check does not indicate that the applicant is disqualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (mm), (n), (o), or (r), create a unique approval number for the applicant.

SB403-SSA2,32,8 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.

SB403-SSA2,32,11 (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).

SB403-SSA2,32,14 (d) The department shall maintain the record of all completed application forms and a record of all approval or nonapproval numbers regarding background checks under this subsection.

SB403-SSA2,32,18 (e) 1. The department shall check each application form. If the department provided a unique approval number regarding the request, the department shall, except as provided in subd. 2., destroy all records regarding that background check within 30 days after receiving the form.

SB403-SSA2,32,23 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 background checks under this subsection together with unique approval and nonapproval numbers corresponding to those dates.

SB403-SSA2,33,3 (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.

SB403-SSA2,33,15 (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).

SB403-SSA2,33,17 (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.

SB403-SSA2,33,21 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), (mm), (n), (o), or (r), the department shall revoke the license.

SB403-SSA2,34,3 (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.

SB403-SSA2,34,7 (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).

SB403-SSA2,34,10 (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:

SB403-SSA2,34,11 (a) A law enforcement officer.

SB403-SSA2,34,12 (b) A correctional officer.

SB403-SSA2,34,13 (c) A probation, parole, and extended supervision agent.

SB403-SSA2,34,15 (d) A person who holds a current certification from the law enforcement standards board under s. 165.85 (3) (c).

SB403-SSA2,34,24 (10m) Disqualification petition regarding certain misdemeanants. (a) If the department receives an application for a license under this section from a person who has committed a misdemeanor crime of violence and the person is eligible for a license under sub. (3) (m), the department may file a petition under this subsection asking the circuit court to enter an order barring the person from receiving a license. The department may only file such a petition if the petition alleges that, based on the person's commission of one or more misdemeanor crimes of violence, the person would pose a substantial risk to others if the person were issued a license under this section.

SB403-SSA2,35,5 (b) The department shall file any such petition in the circuit court of the person's county of residence. The department may not file the petition more than 30 days after receiving the person's completed application, unless the person was issued a license under sub. (9r). The court shall allow the person 30 days to file an answer to the petition. The court may hold an evidentiary hearing on the petition.

SB403-SSA2,35,9 (c) If the court determines, by clear and convincing evidence, that the person would pose a substantial risk to others if the person were issued a license under this section, the court shall enter an order prohibiting the person from obtaining a license under this section.

SB403-SSA2,35,11 (d) If the court denies the department's petition, the court shall award the person costs and reasonable attorney fees.

SB403-SSA2,35,12 (e) The court shall expedite any proceeding brought under this subsection.

SB403-SSA2,35,13 (11) Updated information. (a) 1. In this paragraph:

SB403-SSA2,35,16 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.

SB403-SSA2,35,18 b. "Court automated information systems" means the systems under s. 758.19 (4).

SB403-SSA2,35,23 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:

SB403-SSA2,36,3 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.

SB403-SSA2,36,4 b. The individual is charged with a drunk driving offense.

SB403-SSA2,36,6 c. The individual is found by a court to have committed any offense described in subd. 2. a. or b.

SB403-SSA2,36,8 d. Prosecution of a felony or a misdemeanor crime of violence for which the individual is charged is suspended under a deferred prosecution agreement.

SB403-SSA2,36,9 e. The individual is found incompetent under s. 971.14.

SB403-SSA2,36,11 f. The individual is found not guilty of any crime by reason of mental disease or mental defect under s. 971.17.

SB403-SSA2,36,13 g. The individual is involuntarily committed for treatment under s. 51.20 or 51.45.

SB403-SSA2,36,14 h. The individual is found incompetent under ch. 880.

SB403-SSA2,36,16 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).

SB403-SSA2,36,18 j. A court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c).

SB403-SSA2,36,21 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 sub. (12) (a).

SB403-SSA2,36,24 (b) 1. 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.

SB403-SSA2,37,3 2. 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. (12) (a).

SB403-SSA2,37,11 (12) Maintenance, use, and publication of records by the department. (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. Except as provided in par. (b) 1. and subject to par. (b) 2., neither the department nor any employee of the department may 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.

SB403-SSA2,37,14 (b) 1. A law enforcement officer who is employed by the department may obtain information regarding a licensee from the department of transportation under s. 341.175 (4).

SB403-SSA2,37,17 2. A law enforcement officer who is employed by the department may not request or be provided information maintained by the department under par. (a) concerning a specific licensee except for one of the following purposes:

SB403-SSA2,37,19 a. To confirm that a license produced by an individual at the request of a law enforcement officer is valid.

SB403-SSA2,37,22 b. To confirm that an 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.

SB403-SSA2,38,2 c. To investigate whether an individual submitted an intentionally false notarized statement under sub. (7) (b) or (15) (b) 2., intentionally violated sub. (11) (b) 1., or intentionally made a false statement to the department in connection with the individual's request for an emergency license under sub. (9r).