SB403-SSA3,20,2524
3. `Compliance with request.' A test facility shall comply with a request under
25this paragraph to administer any chemical test that it is able to perform.
SB403-SSA3,21,4
14. `Inability to obtain chemical test.' The failure or inability of a person to
2obtain a chemical test at his or her own expense does not preclude the admission of
3evidence of the results of a chemical test required and administered under pars. (a)
4and (b).
SB403-SSA3,21,125
(d)
Admissibility; effect of test results; other evidence. The results of a chemical
6test required or administered under par. (a), (b), or (c) are admissible in any civil or
7criminal action or proceeding arising out of the acts committed by a person alleged
8to have violated sub. (16) (cm) 1. on the issue of whether the person had alcohol
9concentrations at or above specified levels or was under the influence of an
10intoxicant. Results of these chemical tests shall be given the effect required under
11s. 885.235. This subsection does not limit the right of a law enforcement officer to
12obtain evidence by any other lawful means.
SB403-SSA3,21,1913
(e)
Refusal. No person may refuse a lawful request to provide one or more
14samples of his or her breath, blood, or urine or to submit to one or more chemical tests
15under par. (a). A person shall not be deemed to refuse to provide a sample or to submit
16to a chemical test if it is shown by a preponderance of the evidence that the refusal
17was due to a physical inability to provide the sample or to submit to the test due to
18a physical disability or disease unrelated to the use of an intoxicant. Issues in any
19action concerning a violation of par. (a) or this paragraph are limited to:
SB403-SSA3,21,2120
1. Whether the law enforcement officer had probable cause to believe the
21person was violating or had violated sub. (16) (cm) 1.
SB403-SSA3,21,2322
2. Whether the person was lawfully placed under arrest for violating sub. (16)
23(cm) 1.
SB403-SSA3,22,224
3. Whether the law enforcement officer requested the person to provide a
25sample or to submit to a chemical test and provided the information required under
1par. (a) 2. or whether the request and information were unnecessary under par. (a)
23.
SB403-SSA3,22,43
4. Whether the person refused to provide a sample or to submit to a chemical
4test.
SB403-SSA3,22,9
5(2m) License document; content of license. (a) Subject to pars. (b), (c), and
6(d), the department shall design a single license document for licenses issued and
7renewed under this section. The department shall complete the design of the license
8document no later than the first day of the 2nd month beginning after the effective
9date of this paragraph .... [revisor inserts date].
SB403-SSA3,22,1110
(b) A license document for a license issued under this section shall contain all
11of the following on one side:
SB403-SSA3,22,1212
1. The full name, date of birth, and residence address of the licensee.
SB403-SSA3,22,1413
2. A physical description of the licensee, including sex, height, weight, and hair
14and eye color.
SB403-SSA3,22,1515
3. The date on which the license was issued.
SB403-SSA3,22,1616
4. The date on which the license expires.
SB403-SSA3,22,1717
5. The name of this state.
SB403-SSA3,22,1818
6. A unique identification number for each licensee.
SB403-SSA3,22,1919
(c) The license document may not contain the licensee's social security number.
SB403-SSA3,22,2320
(d) A license document issued under this section shall be, to the maximum
21extent possible, tamper proof. The contents of the license document shall be included
22in the document in substantially the same way that the contents of an operator's
23license document issued under s. 343.17 are included in that document.
SB403-SSA3,22,25
24(3) Qualifications for obtaining a license. An individual is eligible for a
25license under this section if all of the following apply:
SB403-SSA3,23,1
1(a) The individual is at least 21 years of age.
SB403-SSA3,23,102
(b) The individual does not have a severe physical disability that prevents him
3or her from safely handling a weapon and that, if the individual were handling a
4weapon, would cause the individual to a pose a significant public safety risk. The
5department may determine that a person is ineligible for a license under this
6paragraph only if the form that the person has submitted under (7) (d) does not
7indicate that the person is eligible. The department may override an indication on
8a form submitted under sub. (7) (d) that a person is not eligible for a license under
9this paragraph. This paragraph does not apply to a person certified under sub. (3m)
10(b) as an instructor of a firearm training or firearm safety course or class.
SB403-SSA3,23,1211
(c) The individual is not prohibited under federal law from possessing a firearm
12that has been transported in interstate or foreign commerce.
SB403-SSA3,23,1313
(d) The individual is not prohibited from possessing a firearm under s. 941.29.
SB403-SSA3,23,1514
(e) During the preceding 5 years, the individual has not been committed under
15s. 51.20 for being drug dependent.
SB403-SSA3,23,1916
(f) During the preceding 5 years, the individual has not been convicted for any
17violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch.
18961 or of a federal law or a law of another state that is comparable to any provision
19of ch. 961.
SB403-SSA3,23,2420
(g) The individual does not chronically and habitually use alcohol beverages or
21other substances to the extent that his or her normal faculties are impaired. A person
22is presumed chronically and habitually to use alcohol beverages or other substances
23to the extent that his or her normal faculties are impaired if, within the preceding
245 years, any of the following applies:
SB403-SSA3,24,2
11. The individual has been committed for involuntary treatment under s. 51.45
2(13).
SB403-SSA3,24,33
2. The individual has been convicted of a violation of s. 941.20 (1) (b).
SB403-SSA3,24,54
3. In 2 or more cases arising out of separate incidents, a court has found the
5individual to have committed a drunk driving offense.
SB403-SSA3,24,66
(h) 1. The individual has done one of the following:
SB403-SSA3,24,107
a. Successfully completed a firearm training or firearm safety course or class
8that meets the requirements of sub. (3m) (a) and that is conducted by an instructor
9certified by the state in which the course or class was conducted or by a national or
10state organization that certifies firearms instructors.
SB403-SSA3,24,1411
b. Participated in organized shooting competitions or military, law
12enforcement, or security training that gave the applicant experience with firearms
13that the department determines is substantially equivalent to any course or class
14that meets the requirements of sub. (3m) (a).
SB403-SSA3,24,1615
c. Been certified as described under sub. (3m) (b) as an instructor of a firearm
16training or firearm safety course or class.
SB403-SSA3,24,1917
2. If subd. 1. a. or b. applies, the person providing the training or organizing
18a shooting competition in which the person has competed shall complete the form
19designed by the department under sub. (5) (b).
SB403-SSA3,24,2320
(i) The individual has not been found incompetent under ch. 880 or, if the
21individual has been found incompetent under ch. 880, he or she was subsequently
22found to be competent and at least 5 years have elapsed from the date that he or she
23was found to be competent.
SB403-SSA3,25,3
1(im) The individual was not the subject of a protective placement under s. 55.06
2as a minor unless at least 5 years have elapsed from the date on which his or her
3protective placement ended.
SB403-SSA3,25,94
(j) The individual has not been involuntarily committed for treatment under
5s. 51.20 due to mental illness or a developmental disability or, if the individual has
6been involuntarily committed for treatment under s. 51.20 due to mental illness or
7a developmental disability, he or she shows, through evidence from a psychiatrist
8licensed in this state, that he or she has not been disabled due to mental illness or
9a developmental disability for at least 5 years.
SB403-SSA3,25,1110
(k) The individual has not been found incompetent under s. 971.14 or, if the
11individual has been found incompetent under s. 971.14, one of the following applies:
SB403-SSA3,25,1312
1. He or she was subsequently found to be competent and at least 5 years have
13elapsed from the date that he or she was found to be competent.
SB403-SSA3,25,1614
2. He or she was not subsequently found to be competent and he or she shows,
15through evidence from a psychiatrist licensed in this state, that he or she has not
16been disabled due to mental illness or a developmental disability for at least 5 years.
SB403-SSA3,25,2117
(L) The individual has not been found not guilty by reason of mental disease
18or defect under s. 971.17 or, if the individual has been found not guilty by reason of
19mental disease or defect under s. 971.17, he or she presents evidence from a
20psychiatrist licensed in this state that he or she has not been disabled due to mental
21illness or a developmental disability for at least 5 years.
SB403-SSA3,25,2522
(m) Within the preceding 5 years, the individual was not convicted of a
23misdemeanor crime of violence or was not serving a sentence, on probation, or subject
24to a dispositional order under ch. 938 for committing a misdemeanor crime of
25violence.
SB403-SSA3,26,3
1(mm) The individual has not been convicted of a misdemeanor violation of s.
2940.32, 1999 stats., or a misdemeanor violation of a federal law or a law of another
3state that is comparable to s. 940.32.
SB403-SSA3,26,54
(mr) The individual has not been prohibited from obtaining a license under sub.
5(10m) based on the individual having committed a misdemeanor crime of violence.
SB403-SSA3,26,86
(n) The individual has not been charged with a felony or a misdemeanor crime
7of violence for which the prosecution was suspended under a deferred prosecution
8agreement unless 5 years have elapsed since the date of the agreement.
SB403-SSA3,26,119
(o) The individual is not the subject of any pending civil or criminal case, the
10disposition of which could disqualify him or her from having a license under this
11subsection.
SB403-SSA3,26,1612
(p) The individual has not previously submitted an application for a license
13under this section and had the application denied, unless each reason for the denial
14is no longer applicable because of changed circumstances or, if the denial was based
15on a restriction under this subsection that applies for a specified period of time,
16because that time period has run.
SB403-SSA3,26,2117
(q) The individual has not had a license that was issued under this section
18revoked, unless each reason for the revocation is no longer applicable because of
19changed circumstances or, if the revocation was based on a restriction under this
20subsection that applies for a specified period of time, because that time period has
21run.
SB403-SSA3,26,2522
(r) Within the preceding 5 years, the individual was not convicted under sub.
23(17) (c), (d), or (e) and was not serving a sentence, on probation, or subject to a
24dispositional order under ch. 938 for committing an offense under sub. (17) (c), (d),
25or (e).
SB403-SSA3,27,1
1(s) The individual is a Wisconsin resident.
SB403-SSA3,27,3
2(3m) Course or class requirements. (a) A firearm training or firearm safety
3course or class under sub. (3) (h) 1. a. shall consist of all of the following:
SB403-SSA3,27,44
1. Instruction on how to handle, load, unload, and store handguns.
SB403-SSA3,27,65
2. Instruction on the privilege of self-defense and the defense of others under
6s. 939.48.
SB403-SSA3,27,87
3. Instruction on how to avoid injuring 3rd parties when defending himself,
8herself, or others in a manner that is privileged under s. 939.48.
SB403-SSA3,27,99
4. Instruction on basic self-defense principles.
SB403-SSA3,27,1010
5. Instruction on how to carry a concealed handgun safely.
SB403-SSA3,27,1111
6. Instruction on firing a handgun.
SB403-SSA3,27,1212
7. Practice firing a handgun.
SB403-SSA3,27,1513
(am) The department may not specify the number of hours of instruction, either
14in the aggregate or with respect to any of the individual topics specified in par. (a)
151. to 7., that a course or class must provide.
SB403-SSA3,27,1916
(b) The department shall certify instructors who are qualified to teach a course
17or class described in par. (a) and maintain a list of instructors that it certifies. To be
18certified by the department as an instructor, a person must meet all of the following
19criteria:
SB403-SSA3,27,2020
1. Be qualified under sub. (3) to carry a concealed weapon.
SB403-SSA3,27,2221
2. Be able to demonstrate the ability and knowledge required for instructing
22students under par. (a) 1. to 7.
SB403-SSA3,28,7
23(5) Application, renewal, and training forms. (a) The department shall design
24an application form for use by individuals who apply for a license under this section.
25The department shall complete the design of the application form no later than the
1first day of the 2nd month beginning after the effective date of this subsection ....
2[revisor inserts date], and shall complete the design of the renewal form no later than
3the first day of the 36th month beginning after the effective date of this subsection
4.... [revisor inserts date]. The forms shall require the applicant to provide only his
5or her name, address, date of birth, state identification card number, race, sex,
6height, weight, and hair and eye color and the registration number for each motor
7vehicle registered in the applicant's name and shall include all of the following:
SB403-SSA3,28,98
1. A statement that the applicant is eligible for a license if the requirements
9specified in sub. (3) are met.
SB403-SSA3,28,1210
2. A statement explaining the privilege of self-defense and defense of others
11under s. 939.48, with a place for the applicant to sign his or her name to indicate that
12he or she has read and understands the statement.
SB403-SSA3,28,1413
3. A statement, with a place for the applicant to sign his or her name, to indicate
14that the applicant has read and understands the requirements of this section.
SB403-SSA3,28,1815
4. A statement that the application must include the notarized statement
16described under sub. (7) (b) and that an applicant may be prosecuted if he or she gives
17a false answer to any question on the application or submits a falsified document
18with the application.
SB403-SSA3,28,2019
5. A statement of the penalties for giving a false answer to any question on the
20application or submitting a falsified document with the application.
SB403-SSA3,28,2521
(b) The department shall design a form for use by individuals listed in sub. (3)
22(h) 2. to verify a person's eligibility for a license under sub. (3) (b) and (h) 1. The form
23shall provide for verification of a person's eligibility under sub. (3) (b) by providing
24a space for the individual completing the form to check a box indicating whether the
25person is eligible for a license under sub. (3) (b).
SB403-SSA3,29,2
1(c) The department shall make the forms described in this subsection available
2on the Internet or by mail upon request.
SB403-SSA3,29,10
3(6) Review by notary. Before a person submits an application under sub. (7),
4the person shall display a valid license document or identification card that he or she
5has been issued under s. 343.17 or 343.50 to the notary who is to notarize the
6statement required under sub. (7) (b). Before notarizing that statement, the notary
7shall verify the person's identity using that license document or identification card
8and verify that the name and state identification card number listed on the license
9document or identification card are the same as the name and state identification
10card number listed on the application.
SB403-SSA3,29,12
11(7) Submission of application. An individual may apply for a license under this
12section with the department by submitting to the department all of the following:
SB403-SSA3,29,1313
(a) A completed application in the form prescribed under sub. (5) (a).
SB403-SSA3,29,1614
(b) A notarized statement that states that the information that he or she is
15providing in the application submitted under par. (a) and any document submitted
16with the application is true and complete to the best of his or her knowledge.
SB403-SSA3,29,1717
(bd) A license fee of $52.
SB403-SSA3,29,1818
(bh) A fee for a background check of $8.
SB403-SSA3,29,2119
(bp) A shooting range improvement fee of $15 written as a separate check,
20made out to the applicant's county of residence, that the department shall forward
21to that county on at least a quarterly basis.
SB403-SSA3,30,222
(d) A training certificate, in the form created by the department under sub. (5)
23(b), that is completed by the person specified in sub. (3) (h) 2. and that shows that the
24person is eligible for a license under sub. (3) (b) and (h) 1. This paragraph does not
1apply to a person certified under sub. (3m) (b) as an instructor of a firearm training
2or firearm safety course or class.
SB403-SSA3,30,33
(g) A complete set of his or her fingerprints on a fingerprint card.
SB403-SSA3,30,6
4(9) Processing of application. (a) Upon receiving an application submitted
5under sub. (7), the department shall conduct a background check, as provided under
6sub. (9g).
SB403-SSA3,30,87
(b) Subject to par. (c), within 21 days after receiving an application under sub.
8(7), the department shall do one of the following:
SB403-SSA3,30,109
1. Issue the license and promptly send the licensee his or her license document
10by 1st class mail.
SB403-SSA3,30,1411
2. Deny the application, but only if the applicant fails to qualify under the
12criteria specified in sub. (3). If the department denies the application, the
13department shall inform the applicant in writing, stating the reason and factual
14basis for the denial to the extent permitted under federal law.
SB403-SSA3,30,1615
(c) The time period specified in par. (b) (intro.) is tolled during the pendency of
16any action brought under sub. (10m).
SB403-SSA3,30,18
17(9g) Background checks. (b) The department shall conduct a background
18check regarding an applicant for a license using the following procedure:
SB403-SSA3,30,2019
1. The department shall create a confirmation number associated with the
20applicant.
SB403-SSA3,30,2221
2. The department shall use the transaction information for management of
22enforcement system and the national crime information center system.
SB403-SSA3,30,2323
3. As soon as practicable, the department shall do the following:
SB403-SSA3,31,3
1a. If the background check indicates that the applicant does not qualify for a
2license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (mm), (n), (o), or (r),
3create a unique nonapproval number for the applicant.