AB763: Bill Text

This bill codifies in the state concealed weapons statute the provisions of federal law that make the statute inapplicable to active duty and retired law enforcement officers under the circumstances specified in federal law (and described above). To implement federal law, the bill also makes certain other state law prohibitions regarding the carrying of firearms inapplicable to an active duty or retired law enforcement officer if he or she is carrying a firearm under those same circumstances. These include the prohibition on going armed with a handgun in a tavern, the prohibition regarding the possession, transportation, or loading of a handgun in vehicles, motorboats, and aircraft, and the prohibition on possessing a firearm that may be imposed through an injunction entered in certain domestic abuse cases. (Depending on the facts, however, a person who is subject to such an injunction may, as a result of that case, also be prohibited under federal law from possessing a firearm, which means that the federal law regarding the carrying of a concealed firearm would not apply.) Similarly, the bill modifies the state's prohibition on possessing a firearm in a school zone to create an exemption for active duty and retired law enforcement officers who are carrying firearms. But as is the case with a person who is issued a license to carry a concealed weapon, these changes do not affect the provisions of the gun-free school zone law that, in general, prohibits a person, including an off-duty or retired law enforcement officer, from possessing a firearm in a public school itself or on the grounds of a public school.

In addition, under the bill, DOJ must provide a qualified retired law enforcement officer, upon his or her request, an ID card that, in combination with a photo ID issued by the retired officer's former employer, permits the retired officer to carry a concealed firearm. The ID card that DOJ issues must indicate all of the following: 1) that DOJ has found that the officer has met the state's standards for training and qualification for active duty law enforcement officers to carry firearms; 2) the date on which DOJ made that finding; and 3) that, as a result of the finding, the officer is qualified to carry any firearm other than a machine gun or a firearm bearing a silencer. DOJ, however, must issue the ID card only if: 1) the retired officer satisfies the first three criteria listed above for being a "qualified retired law enforcement officer" under federal law (see Current law regarding the possession of weapons, Federal law); 2) DOJ determines that its records do not indicate that the retired officer is prohibited from possessing a firearm under federal law or (with the exception of the prohibition based on a domestic abuse injunction) state law; and 3) the retired officer is a Wisconsin resident. DOJ may charge a retired officer a fee to cover the costs of issuing an ID card and determining the person's eligibility.

The bill requires an active duty or retired law enforcement officer who is carrying a concealed firearm to also carry the documentation that, under federal law, qualifies him or her to do so. A person who violates this requirement is subject to a forfeiture of not more than $25. (In contrast to the requirements of federal law, the exemption that the bill creates in the state's concealed weapons statute for an active duty or retired law enforcement officer is not dependent on the person carrying his or her credentials. The person only needs to have been issued the credentials, for the exemption to apply.)

Identification cards issued to Wisconsin law enforcement officers

Under the bill, if a Wisconsin law enforcement agency issues photo ID cards to its officers, it may not require an officer to relinquish his or her ID card upon retirement unless the person is not a qualified retired law enforcement officer (for example, if the retired officer is not eligible for benefits under the agency's retirement plan).

Background checks for handgun purchasers

This bill makes certain changes in the law relating to background checks for handgun purchasers. Under current law, when a person seeks to purchase a handgun from a licensed handgun dealer, the dealer must ask DOJ to conduct a background check on the person. In conducting the background check, DOJ searches DOJ records to determine whether the person is ineligible to possess a firearm under state law, but it does not attempt to determine whether federal law bars the person from possessing a firearm based on criteria not covered by state law. This bill requires DOJ, when conducting a background check on a prospective handgun purchaser, to determine whether the person has been the subject of a court order or finding in a Wisconsin court based on the person's mental health that would render the person ineligible to possess a firearm under federal law. Specifically, DOJ must determine whether: 1) the person was the subject of a court order committing the person for treatment in an inpatient mental health facility or a finding by a court that the person is a danger to himself or herself or others or lacks the mental capacity to contract or manage his or her own affairs; 2) the person did not commence the proceeding in which the order was entered or the finding was made; and 3) the order or finding was based on the person having markedly subnormal intelligence or the person's mental illness, incompetency, condition, or disease. If DOJ determines that the prospective purchaser was the subject of such an order or finding, the dealer may not sell the person a handgun.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB763, s. 1 Section 1. 23.33 (3) (e) of the statutes is renumbered 23.33 (3) (e) (intro.) and amended to read:

AB763,10,5 23.33 (3) (e) (intro.) With any firearm in his or her possession unless it is unloaded and enclosed in a carrying case, or any bow unless it is unstrung or enclosed in a carrying case. This paragraph does not apply to any of the following:

AB763, s. 2 Section 2. 23.33 (3) (e) 1. of the statutes is created to read:

AB763,10,8 23.33 (3) (e) 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, s. 3 Section 3. 23.33 (3) (e) 2. of the statutes is created to read:

AB763,10,11 23.33 (3) (e) 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, s. 4 Section 4. 23.33 (3) (e) 3. of the statutes is created to read:

AB763,10,14 23.33 (3) (e) 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, s. 5 Section 5. 23.33 (3) (e) 4. of the statutes is created to read:

AB763,10,18 23.33 (3) (e) 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), who possesses a handgun, as defined in s. 175.50 (1) (bm).

AB763, s. 6 Section 6. 23.33 (3) (em) of the statutes is created to read:

AB763,10,20 23.33 (3) (em) With any bow unless it is unstrung or enclosed in a carrying case.

AB763, s. 7 Section 7. 29.089 (2) of the statutes is renumbered 29.089 (2) (intro.) and amended to read:

AB763,11,6 29.089 (2) (intro.) Except as provided in sub. (3), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to any of the following:

AB763, s. 8 Section 8. 29.089 (2) (a) of the statutes is created to read:

AB763,11,9 29.089 (2) (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, s. 9 Section 9. 29.089 (2) (b) of the statutes is created to read:

AB763,11,12 29.089 (2) (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, s. 10 Section 10. 29.089 (2) (c) of the statutes is created to read:

AB763,11,15 29.089 (2) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), firearm to whom s. 941.23 (2) (c) 1. to 7. applies.

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

AB763,11,19 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, s. 12 Section 12. 29.091 of the statutes is renumbered 29.091 (1) and amended to read:

AB763,12,4 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, s. 13 Section 13. 29.091 (2) of the statutes is created to read:

AB763,12,8 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:

AB763,12,10 (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.

AB763,12,12 (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.

AB763,12,14 (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, s. 14 Section 14. 29.091 (2) (d) of the statutes is created to read:

AB763,12,18 29.091 (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 gun or firearm is a handgun, as defined in s. 175.50 (1) (bm).

AB763, s. 15 Section 15. 29.621 (4) of the statutes is renumbered 29.621 (4) (intro.) and amended to read:

AB763,13,4 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, s. 16 Section 16. 29.621 (4) (a) of the statutes is created to read:

AB763,13,7 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, s. 17 Section 17. 29.621 (4) (b) of the statutes is created to read:

AB763,13,10 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, s. 18 Section 18. 29.621 (4) (c) of the statutes is created to read:

AB763,13,13 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, s. 19 Section 19. 29.621 (4) (d) of the statutes is created to read:

AB763,13,17 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, s. 20 Section 20. 29.621 (6) of the statutes is created to read:

AB763,13,20 29.621 (6) Injurious animals. Nothing in this section may prohibit, prevent, or interfere with the department in the destruction of injurious animals.

AB763, s. 21 Section 21. 51.20 (13) (cv) 4. of the statutes is amended to read:

AB763,14,6 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, s. 22 Section 22. 51.20 (16) (gm) of the statutes is amended to read:

AB763,14,18 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, s. 23 Section 23. 51.30 (3) (a) of the statutes is amended to read:

AB763,14,24 51.30 (3) (a) Except as provided in pars. (b) and (c) and s. 175.50 (11) (d) 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, s. 24 Section 24. 55.06 (17) (d) of the statutes is created to read:

AB763,15,3 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, s. 25 Section 25. 59.25 (3) (u) of the statutes is created to read:

AB763,15,6 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).

AB763,15,8 2. Deposit into the segregated fund created under subd. 1. all moneys received under s. 175.50 (7) (bp) or (15) (b) 4. c.

AB763,15,10 3. Make payments from the fund established under subd. 1. as directed by the county.

AB763, s. 26 Section 26. 165.25 (11) of the statutes is created to read:

AB763,15,15 165.25 (11) List of concealed-carry license approved states. 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, s. 27 Section 27. 165.82 (1) (intro.) of the statutes is amended to read:

AB763,15,20 165.82 (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, s. 28 Section 28. 165.82 (2) of the statutes is amended to read:

AB763,15,23 165.82 (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, s. 29 Section 29. 167.31 (4) (ar) of the statutes is created to read:

AB763,16,3 167.31 (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:

AB763,16,5 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.

AB763,16,7 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.

AB763,16,9 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.

AB763,16,11 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, s. 30 Section 30. 175.35 (1) (am) of the statutes is created to read:

AB763,16,17 175.35 (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:

AB763,16,19 1. An order entered by a court in this state that commits a person for treatment in an inpatient mental health facility.

AB763,16,22 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, s. 31 Section 31. 175.35 (1) (at) of the statutes is amended to read:

AB763,17,11 175.35 (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, s. 32 Section 32. 175.35 (2) (d) of the statutes is amended to read:

AB763,17,18 175.35 (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, s. 33 Section 33. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:

AB763,17,24 175.35 (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.