AB763,35,2423 (i) A statement of the penalties for giving a false answer to any question on the
24application or submitting a falsified document with the application.
AB763,36,4
1(6) Notarized statement. An applicant shall submit a notarized statement that
2reports that the information that he or she provides in an application submitted
3under sub. (7) and any document submitted with the application is true and complete
4to the best of his or her knowledge.
AB763,36,6 5(7) Submission of application. An individual may apply for a license under this
6section with the department by submitting to the department all of the following:
AB763,36,87 (a) An application in the form prescribed under sub. (5) that includes a
8notarized statement as required under sub. (6).
AB763,36,99 (bd) A license fee of $52.
AB763,36,1010 (bh) A fee for a background check of $8.
AB763,36,1311 (bp) A shooting range improvement fee of $15 written as a separate check,
12made out to the applicant's county of residence, that the department shall forward
13to that county on at least a quarterly basis.
AB763,36,1514 (d) A photocopy of a certificate or other evidence showing the applicant's
15qualifications under sub. (3) (h).
AB763,36,18 16(9) Processing of application. (a) Upon receiving an application submitted
17under sub. (7), the department shall conduct a background check, as provided under
18sub. (9g).
AB763,36,2019 (b) Within 21 days after receiving an application under sub. (7), the department
20shall do one of the following:
AB763,36,2221 1. Issue the license and promptly send the licensee his or her license document
22by 1st class mail.
AB763,37,223 2. Deny the application, but only if the applicant fails to qualify under the
24criteria specified in sub. (3). If the department denies the application, the

1department shall inform the applicant in writing, stating the reason and factual
2basis for the denial to the extent permitted under federal law.
AB763,37,4 3(9g) Background checks. (b) The department shall conduct a background
4check regarding an applicant for a license using the following procedure:
AB763,37,65 1. The department shall create a confirmation number associated with the
6applicant.
AB763,37,87 2. The department shall use the transaction information for management of
8enforcement system and the national crime information center system.
AB763,37,99 3. As soon as practicable, the department shall do the following:
AB763,37,1210 a. If the background check indicates that the applicant does not qualify for a
11license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), create
12a unique nonapproval number for the applicant.
AB763,37,1513 b. If the completed background check does not indicate that the applicant is
14disqualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m),
15(n), (o), or (r), create a unique approval number for the applicant.
AB763,37,2016 c. If the background check indicates that the applicant was the subject of a
17relevant criminal charge for which there is no recorded disposition or if, in the case
18of a misdemeanor delinquency adjudication, the background check does not indicate
19how long the resultant dispositional order was in effect, make all reasonable efforts
20to obtain the missing information.
AB763,37,2321 (c) The department shall conduct the background check under par. (b)
22immediately if the background check is for an applicant for an emergency license
23under sub. (9r).
AB763,38,3
1(d) The department shall maintain the record of all completed application
2forms and a record of all confirmation numbers and corresponding approval or
3nonapproval numbers regarding background checks under this subsection.
AB763,38,154 (e) 1. The department shall check each application form under par. (d) against
5the information recorded by the department regarding the corresponding request for
6a background check under this subsection. If the department previously provided
7a unique approval number regarding the request and nothing in the completed
8application form indicates that the applicant is not qualified for a license under sub.
9(3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall,
10except as provided in subd. 2., destroy all records regarding that background check
11within 30 days after receiving the form. If the department previously provided a
12unique approval number regarding the request and the completed application form
13indicates that the applicant is not qualified for a license under sub. (3) (c), (d), (e), (f),
14(g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall immediately revoke
15the license.
AB763,38,2016 2. The department may maintain records necessary to administer this
17subsection and, for a period of not more than 15 months after the department issues
18a unique approval number, a log of dates of requests for background checks under
19this subsection together with confirmation numbers and unique approval and
20nonapproval numbers corresponding to those dates.
AB763,38,2321 (f) The department shall promulgate rules authorizing it to obtain records
22necessary to determine an applicant's eligibility under sub. (3) (e), (g) 1., (i), (im), and
23(j) for a license issued under this section.
AB763,39,5 24(9r) Emergency license. (a) Unless the department knows that the person is
25not qualified for a license under sub. (3) (a) to (g) or (i) to (s), the department may

1issue a license under this section to an individual who does not satisfy the
2requirements under sub. (3) (h) if the department determines that immediate
3licensure is warranted to protect the individual from death or great bodily harm, as
4defined in s. 939.22 (14). If the department issues a license under this paragraph it
5shall conduct an immediate background check under sub. (9g).
AB763,39,76 (b) 1. Except as provided in subd. 2. and par. (d), a license issued under par. (a)
7is valid for 120 days from the date on which it is issued and may not be renewed.
AB763,39,108 2. If the department learns that an individual to whom the department has
9issued a license under par. (a) does not qualify for a license under sub. (3) (c), (d), (e),
10(f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall revoke the license.
AB763,39,1711 (c) The department may waive the fees that would otherwise be required under
12sub. (7) (bd), (bh), and (bp) for an individual who is applying for a license under par.
13(a) if requiring the individual to pay the fees would create a hardship for the
14individual. The department shall promulgate rules specifying the procedures and
15definitions to apply when determining whether an individual is eligible for a waiver
16of the fees for an emergency license under this section as provided under this
17paragraph.
AB763,39,2118 (d) A person who has been issued a license under par. (a) may obtain a license
19under sub. (2) if he or she meets the qualifications specified under sub. (3) and
20completes the application process specified in sub. (7). A license issued to a person
21under par. (a) is void if the person is issued a license under sub. (2).
AB763,39,24 22(10) Exemption from background check. Notwithstanding subs. (9) (a) and
23(15) (c), the department shall issue or renew a license under this section to any of the
24following individuals without requesting a background check:
AB763,39,2525 (a) A law enforcement officer.
AB763,40,1
1(b) A correctional officer.
AB763,40,22 (c) A probation, parole, and extended supervision agent.
AB763,40,43 (d) A person who holds a current certification from the law enforcement
4standards board under s. 165.85 (3) (c).
AB763,40,10 5(11) Licensee information. (a) The department shall maintain a computerized
6record listing the names and the information specified in sub. (2m) (b) of all
7individuals who have been issued a license under this section. After entering all of
8the information, the department may not store, maintain, format, sort, or access the
9information in any way other than by the name of the licensee or the identification
10number assigned to the licensee under sub. (2m) (b) 6.
AB763,40,1311 (c) 1. The department shall provide information concerning a specific licensee
12to a law enforcement agency, but only if the law enforcement agency is requesting the
13information for any of the following purposes:
AB763,40,1514 a. To confirm that a license produced by an individual at the request of a law
15enforcement officer is valid.
AB763,40,1816 b. To confirm that the individual holds a valid license under this section, if the
17individual is going armed with a concealed weapon but is not carrying his or her
18license document and claims to hold a valid license issued under this section.
AB763,40,2219 c. To investigate whether an individual submitted an intentionally false
20notarized statement under sub. (6) or (15) (b) 2., intentionally violated sub. (12) (a),
21or intentionally made a false statement to the department in connection with the
22individual's request for an emergency license under sub. (9r).
AB763,41,323 2. If the department maintains information compiled under this section
24regarding licensees through the transaction information for the management of
25enforcement system and a law enforcement officer uses that system in the context

1of a vehicle stop that meets the requirements of s. 349.02 (2) (a), the law enforcement
2officer may obtain information from that system regarding the licensee's status as
3a licensee only for the purposes listed in subd. 1.
AB763,41,44 (d) 1. In this paragraph:
AB763,41,75 a. "Clerk" means the clerk of the circuit court or, if it has enacted a law or an
6ordinance in conformity with s. 346.63, the clerk of the court for a federally
7recognized American Indian tribe or band in this state, a city, a village, or a town.
AB763,41,98 b. "Court automated information systems" means the systems under s. 758.19
9(4).
AB763,41,1410 2. The court automated information systems, or the clerk or register in probate,
11if the information is not contained in or cannot be transmitted by the court
12automated information systems, shall promptly notify the department of the name
13of any individual with respect to whom any of the following occurs and the specific
14reason for the notification:
AB763,41,1915 a. The individual is charged with a felony, a misdemeanor crime of violence, a
16violation of ch. 961, the solicitation, conspiracy, or attempt to commit any violation
17of ch. 961, a violation of s. 941.20 (1) (b), a violation of sub. (17) (c), (d), or (e), or any
18other crime that, upon conviction, would disqualify the individual from having a
19license under this section.
AB763,41,2020 b. The individual is charged with a drunk driving offense.
AB763,41,2221 c. The individual is found by a court to have committed any offense described
22in subd. 2. a. or b.
AB763,41,2423 d. Prosecution of a felony or a misdemeanor crime of violence for which the
24individual is charged is suspended under a deferred prosecution agreement.
AB763,41,2525 e. The individual is found incompetent under s. 971.14.
AB763,42,2
1f. The individual is found not guilty of any crime by reason of mental disease
2or mental defect under s. 971.17.
AB763,42,43 g. The individual is involuntarily committed for treatment under s. 51.20 or
451.45.
AB763,42,55 h. The individual is found incompetent under ch. 880.
AB763,42,76 i. The individual becomes subject to an injunction described in s. 941.29 (1) (f)
7or is ordered not to possess a firearm under s. 813.125 (4m).
AB763,42,98 j. A court has prohibited the individual from possessing a dangerous weapon
9under s. 969.02 (3) (c).
AB763,42,1210 3. Upon receiving a notice under subd. 2., the department shall immediately
11determine if the individual who is the subject of the notice is a licensee, using the list
12maintained under par. (a).
AB763,42,15 13(12) Updated information. (a) Within 10 days after being charged under
14federal law or the law of another state with any crime or any drunk driving offense,
15a licensee shall notify the department of the charge.
AB763,42,1816 (b) No later than 30 days after changing his or her address, a licensee shall
17inform the department of his or her new address. The department shall include the
18individual's new address in the list under sub. (11) (a).
AB763,42,24 19(13) Lost or destroyed license. No later than 30 days after losing his or her
20license document or after his or her license document is destroyed, a licensee shall
21submit to the department a notarized statement that his or her license document has
22been lost or destroyed. The department shall issue a replacement license document
23within 14 days of receiving the notarized statement and a replacement license fee of
24$15.
AB763,43,3
1(14) License revocation and suspension. (a) The department shall revoke a
2license that his or her county issued under this section if the licensee no longer meets
3all of the criteria specified in sub. (3) (b) to (g), (i) to (n), and (p) to (s).
AB763,43,54 (am) 1. If any of the following occurs with respect to a licensee, the department
5shall suspend the licensee's license:
AB763,43,76 a. The licensee is the subject of a pending civil or criminal case, the disposition
7of which could require revocation of his or her license under par. (a).
AB763,43,98 b. A court has prohibited the licensee from possessing a dangerous weapon
9under s. 969.02 (3) (c).
AB763,43,1310 2. If the department suspends a license under subd. 1., and, upon disposition
11of the case, the person to whom the license was issued meets all of the criteria
12specified in sub. (3), the department shall restore the license within 14 days of
13receiving the disposition.
AB763,43,1514 (b) 1. If the department revokes or suspends a license under this section, the
15revocation or suspension shall take effect immediately.
AB763,43,2116 2. If the department suspends or revokes a license issued under this section,
17it shall send the individual whose license has been suspended or revoked notice of
18the suspension or revocation by certified mail within one day after the suspension
19or revocation. Within 7 days after receiving the notice, the individual whose license
20has been suspended or revoked shall deliver the license document personally or by
21certified mail to the department.
AB763,43,25 22(14m) Appeals. (a) A person aggrieved by any action by the department
23denying an application for a license, suspending or revoking a license under this
24section, or denying certification as an instructor under sub. (3m) (b) may appeal
25directly to the circuit court of his or her county.
AB763,44,8
1(b) To begin an appeal under this subsection, the aggrieved person shall file a
2petition for review with the clerk of the applicable circuit court within 30 days after
3the date of the department's action or, if applicable, within 30 days after the date of
4the notice provided to the person under sub. (9) (b) 2. The petition shall state the
5substance of the department's action that the person is appealing from and the
6grounds upon which the person believes the department's action to be improper. The
7petition may include a copy of any records or documents that are relevant to the
8grounds upon which the person believes the department's action to be improper.
AB763,44,119 (c) A copy of the petition shall be served upon the department either personally
10or by registered or certified mail within 5 days after the person files his or her petition
11under par. (b).
AB763,44,1512 (d) The department shall file an answer within 15 days after being served with
13the petition under par. (c). The answer shall include a brief statement of the actions
14taken by the department, and a copy of any documents or records on which the
15department based its action shall be included with the answer when filed.
AB763,44,2116 (e) The court shall review the petition, the answer, and any records or
17documents submitted with the petition or the answer. The review under this
18paragraph shall be conducted by the court without a jury and shall be confined to the
19petition, the answer, and any records or documents submitted with the petition or
20the answer, except that in cases of alleged irregularities in procedure by the
21department the court may take testimony that the court determines is appropriate.
AB763,44,2322 (f) The court shall affirm the department's action unless the court finds any of
23the following:
AB763,44,2424 1. That the department failed to follow procedure prescribed under this section.
AB763,45,2
12. That the department erroneously interpreted a provision of law and a correct
2interpretation compels a different action.
AB763,45,43 3. That the department's action depends on a finding of fact that is not
4supported by substantial evidence in the record.
AB763,45,65 (g) 1. The court's decision shall provide whatever relief is appropriate
6regardless of the original form of the petition.
AB763,45,97 2. If the court overturns the department's decision under sub. (3m) (b), the court
8shall order the department to pay the aggrieved person all court costs and reasonable
9attorney fees.
AB763,45,13 10(15) License expiration and renewal. (a) Except as provided in par. (e) and
11sub. (9r) (b) 1., a license issued under this section is valid for a period of 5 years from
12the date on which the license is issued unless the license is suspended or revoked
13under sub. (9g) (e) 1. or (14).
AB763,45,1814 (b) The department shall design a notice of expiration form. At least 90 days
15before the expiration date of a license issued under this section, the department shall
16mail to the licensee a notice of expiration form and a form for renewing the license.
17The department shall renew the license if, before the date the license expires, the
18licensee does all of the following:
AB763,45,1919 1. Submits a renewal application on the form provided by the department.
AB763,45,2220 2. Submits a notarized statement reporting that the information provided
21under subd. 1. is true and complete to the best of his or her knowledge and that he
22or she is qualified under sub. (3).
AB763,45,2323 4. Pays all of the following:
AB763,45,2424 a. A $27 renewal fee.
AB763,45,2525 b. A fee for a background check of $8.
AB763,46,3
1c. A shooting range improvement fee of $15 written as a separate check, made
2out to the applicant's county of residence, that the department shall forward to that
3county on at least a quarterly basis.
AB763,46,54 (c) The department shall conduct a background check of a licensee as provided
5under sub. (9g) before renewing the licensee's license under par. (b).
AB763,46,96 (d) If an individual whose license has expired does not submit a renewal
7application under par. (b) before 6 months after the expiration date, the license shall
8permanently expire. An individual whose license has permanently expired may be
9issued a new license if he or she applies for a license under sub. (7).
AB763,46,1310 (e) The license of a member of the U.S. armed forces, a reserve unit of the armed
11forces, or the national guard who is deployed overseas while on active duty may not
12expire until at least 90 days after the end of the licensee's overseas deployment
13unless the license is suspended or revoked under sub. (9g) (e) 1. or (14).
AB763,46,18 14(15m) Private employer restrictions. (a) Except as provided in par. (b), a
15private employer may prohibit a licensee or an out-of-state licensee that it employs
16from carrying a concealed weapon or a particular type of concealed weapon in the
17course of the licensee's or out-of-state licensee's employment or during any part of
18the licensee's or out-of-state licensee's course of employment.
AB763,46,2219 (b) A private employer may not prohibit a licensee or an out-of-state licensee,
20as a condition of employment, from carrying a concealed weapon or a particular type
21of concealed weapon in the licensee's or out-of-state licensee's own motor vehicle,
22regardless of whether the motor vehicle is used in the course of employment.
Loading...
Loading...