AB126: Bill Text

This bill permits a person to go armed with a concealed and dangerous weapon in his or her own home or place of business or on land that he or she owns, leases, or legally occupies.

Licenses to carry a concealed weapon

This bill creates a procedure by which a person may apply to the Department of Justice (DOJ) for a license to carry a concealed weapon. Specifically, the license authorizes a person to carry a concealed weapon (a handgun, an electric weapon, a knife other than a switchblade, or a billy club) anywhere in this state except in particular places. Accordingly, the bill amends other prohibitions previously discussed that relate to the use and possession of firearms to specify that they generally do not apply to licensees.

A person licensed under the bill is generally prohibited from carrying a concealed weapon or a weapon that is not concealed in a police station, sheriff's office, or state patrol station; in a prison or jail; in a courthouse; beyond the security checkpoint at an airport; and on the grounds of a school. A business owner or person in his or her own home may prohibit a licensee from carrying a concealed weapon into the business or home, an employer generally may prohibit an employee from carrying a concealed weapon in the course of the employee's employment, and the state or a local governmental unit may prohibit a licensee from carrying a firearm into a building that is owned, occupied, or controlled by the state or the local governmental unit.

Licensing requirements and procedure

Under the bill, DOJ must issue or renew a license to carry a concealed weapon to an applicant who is a resident of Wisconsin unless the applicant is less than 21 years old or is prohibited from possessing a firearm under federal or state law. DOJ must conduct a background check of an applicant for a license or for a license renewal to determine if he or she is ineligible for a license.

Furthermore, the bill does all of the following:

1. Provides that, with certain exceptions, a license to carry a concealed weapon is valid for five years.

2. Requires each circuit court to notify DOJ of any court proceeding that would result in a suspension or revocation of a license if the subject of the proceeding had a license. DOJ must determine if the subject of such proceeding has a license and, if the subject does, DOJ must revoke the license if the subject is no longer eligible to have a license or suspend the license if the subject, after being charged with a misdemeanor, is ordered by the court not to possess a firearm.

3. Allows an individual who requires a license immediately to petition a court for such a license. A court may grant a license, which is valid for 30 days, if the court determines that immediate licensure is warranted to protect the individual from death or great bodily harm.

4. Provides an appeals process for a person whose application for a license is denied or whose license is suspended or revoked.

5. Requires DOJ to keep a list of licensees but specifies that DOJ may provide information from that list regarding a specific licensee only to law enforcement agencies and only in certain circumstances.

6. Requires a person who applies for a license to pay a $13 background check fee and an application fee of up to $52 to cover DOJ's costs in issuing the license. A person who applies to renew his or her license must pay the same background check fee and a renewal fee of up to $27 to cover DOJ's costs in renewing the license.

7. Grants immunity from liability for acts done under the bill to DOJ, the Department of Transportation, and the employees of both departments; various court employees; businesses, nonprofit organizations, or individuals that do not prohibit persons from carrying concealed weapons on their property; and employers that do not prohibit employees from carrying concealed weapons during the course of employment.

8. Treats a permit, license, approval, or other authorization issued by another state in the same manner as a license issued under this bill if the individual who possesses the authorization submitted to a background check to determine if the individual is prohibited from possessing a firearm.

Penalties for certain offenses related to weapons

The bill establishes penalties for offenses that relate to concealed weapons or that are committed by licensees. First, a licensee or out-of-state licensee who fails to carry his or her license document or photographic identification, or to display either upon the request of a law enforcement officer, while the person is carrying a concealed weapon, may be required to forfeit $25. Second, a licensee who, for a second or subsequent time, or an individual whose license is suspended or revoked who fails to notify DOJ of a change in address within 30 days of the change may be required to forfeit $50. Third, a licensee who carries a concealed weapon in a place where the bill prohibits him or her from doing so may be fined not more than $500 or imprisoned for not more than 30 days or both. Fourth, a person who intentionally fails to relinquish a license document to DOJ after the license has been revoked must be fined not more than $500 and may be imprisoned for not more than 30 days, or both. Fifth, a person who intentionally makes a false statement in an application for a license may be charged with false swearing, a Class H felony.

The bill also prohibits an individual from intentionally representing that an invalid license to carry a concealed weapon is valid; from selling, lending, or allowing another individual to use his or her license; from representing that a license belongs to the individual if it has not been issued to him or her; from permitting unlawful use of his or her license; from reproducing a license for unlawful purposes; or from altering a license. A person who violates one of these prohibitions is guilty of a misdemeanor and may be fined not more than $10,000 or imprisoned for not more than nine months, or both.

Active duty and former law enforcement officers

This bill codifies the provisions of federal law that make the state concealed weapons prohibition inapplicable to active duty and former law enforcement officers under the circumstances specified in federal law as 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 former law enforcement officer if he or she is carrying a concealed firearm under those same circumstances.

This bill also requires state and local law enforcement agencies to issue and renew certification cards to qualified former law enforcement officers who separated from service with those agencies and requires DOJ to issue and renew certification cards to qualified former federal law enforcement officers who reside in Wisconsin. The qualifications mirror those listed in federal law, including: the former officer was in good standing when he or she separated from service; the former officer served for a period of ten years, unless he or she separated earlier due to service-connected disability after completing any probationary period; the former officer has met certain standards for qualification for active duty law enforcement officers to carry certain types of firearms; and the former officer was not disqualified from law enforcement for reasons related to his or her mental health. The cards enable the former officers to carry concealed firearms in the manner provided under federal law. The law enforcement agencies or DOJ, whichever is issuing the certification card to the former officer, must include personal information about the former officer, including a photograph; must include a statement that the former officer has met certain standards for qualification for active duty law enforcement officers to carry the types of firearms that are listed on the certification card; and must provide an expiration date of 12 months after the certification card is issued or renewed.

If a former officer is carrying his or her valid certification card, he or she is exempt from the prohibitions against carrying a concealed weapon only if the following apply: 1) the former officer is not carrying a firearm that is not designated on the card or identification, if the card or identification includes such a designation, and the firearm is not a machine gun or a destructive device and he or she is not carrying a firearm silencer; 2) the former officer is not under the influence of an intoxicant; and 3) federal law does not prohibit the former officer from possessing a firearm.

Other laws regarding weapons

This bill specifies that an individual does not violate the prohibition against disorderly conduct, or does not violate any local ordinance prohibiting disorderly conduct, by loading, carrying, or going armed with a firearm without regard to whether the firearm is loaded or whether the firearm is concealed or openly carried.

Current law imposes certain restrictions on the placement, possession, and transportation (carrying) of a firearm in or on a vehicle. The restrictions vary depending on the type of vehicle in which the firearm is carried. Generally, current law prohibits a person from carrying a firearm in or on a vehicle unless the firearm is unloaded and encased and prohibits a person from loading or discharging a firearm in or from a vehicle. This bill specifies that these restrictions do not apply to a person who carries a firearm in a vehicle, other than a commercial airplane, if the person is a qualified active duty or former law enforcement officer or a licensee and if the firearm is a 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:

AB126, s. 1 Section 1. 20.455 (2) (gs) of the statutes is created to read:

AB126,7,4 20.455 (2) (gs) Background check for licenses to carry concealed weapons. All moneys received as fee payments under s. 175.60 (7) (c) and (d) and (15) (b) 4. a. and b. to provide services under s. 175.60.

AB126, s. 2 Section 2. 20.455 (2) (gu) of the statutes is created to read:

AB126,7,8 20.455 (2) (gu) Certification cards for carrying concealed weapons. All moneys received as fees under s. 175.49 (5m) to verify eligibility of, and to issue certification cards to, former officers seeking to carry concealed weapons.

AB126, s. 3 Section 3. 23.33 (3) (e) of the statutes is renumbered 23.33 (3) (e) (intro.) and amended to read:

AB126,8,5 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:

AB126, s. 4 Section 4. 23.33 (3) (e) 1. of the statutes is created to read:

AB126,8,8 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) (g) 2. to 5. and (2) (b) 1. to 3. applies.

AB126, s. 5 Section 5. 23.33 (3) (e) 2. of the statutes is created to read:

AB126,8,11 23.33 (3) (e) 2. A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

AB126, s. 6 Section 6. 23.33 (3) (e) 3. of the statutes is created to read:

AB126,8,14 23.33 (3) (e) 3. A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

AB126, s. 7 Section 7. 23.33 (3) (e) 4. of the statutes is created to read:

AB126,8,18 23.33 (3) (e) 4. A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), who possesses a handgun, as defined in s. 175.60 (1) (bm).

AB126, s. 8 Section 8. 29.089 (2) of the statutes is renumbered 29.089 (2) (intro.) and amended to read:

AB126,8,24 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:

AB126, s. 9 Section 9. 29.089 (2) (a) of the statutes is created to read:

AB126,9,2 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) (g) 2. to 5. and (2) (b) 1. to 3. applies.

AB126, s. 10 Section 10. 29.089 (2) (b) of the statutes is created to read:

AB126,9,5 29.089 (2) (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

AB126, s. 11 Section 11. 29.089 (2) (c) of the statutes is created to read:

AB126,9,8 29.089 (2) (c) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

AB126, s. 12 Section 12. 29.089 (2) (d) of the statutes is created to read:

AB126,9,12 29.089 (2) (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the firearm is a handgun, as defined in s. 175.60 (1) (bm).

AB126, s. 13 Section 13. 29.091 of the statutes is renumbered 29.091 (1) and amended to read:

AB126,9,22 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".

AB126, s. 14 Section 14. 29.091 (2) of the statutes is created to read:

AB126,10,3 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 refuge established under s. 23.09 (2) (b), does not apply to any of the following:

AB126,10,5 (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) (g) 2. to 5. and (2) (b) 1. to 3. applies.

AB126,10,7 (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

AB126,10,9 (c) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

AB126,10,12 (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the gun or firearm is a handgun, as defined in s. 175.60 (1) (bm).

AB126, s. 15 Section 15. 29.314 (3) (b) 1. of the statutes is repealed and recreated to read:

AB126,10,14 29.314 (3) (b) 1. To any of the following:

AB126,10,16 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) (g) 2. to 5. and (2) (b) 1. to 3. applies.

AB126,10,18 b. A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

AB126,10,20 c. A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

AB126,10,22 d. A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the firearm is a handgun, as defined in s. 175.60 (1) (bm).

AB126, s. 16 Section 16. 29.314 (4) (b) 1. of the statutes is renumbered 29.314 (4) (b) 1r. and amended to read:

AB126,11,3 29.314 (4) (b) 1r. To a peace officer on official business, an employee of the department on official business or a person authorized by the department to conduct a game census.

AB126, s. 17 Section 17. 29.314 (4) (b) 1g. of the statutes is created to read:

AB126,11,5 29.314 (4) (b) 1g. To any person under sub. (3) (b) 1.

AB126, s. 18 Section 18. 29.621 (4) of the statutes is renumbered 29.621 (4) (intro.) and amended to read:

AB126,11,16 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:

AB126, s. 19 Section 19. 29.621 (4) (a) of the statutes is created to read:

AB126,11,19 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) (g) 2. to 5. and (2) (b) 1. to 3. applies.

AB126, s. 20 Section 20. 29.621 (4) (b) of the statutes is created to read:

AB126,11,22 29.621 (4) (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

AB126, s. 21 Section 21. 29.621 (4) (c) of the statutes is created to read:

AB126,11,25 29.621 (4) (c) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

AB126, s. 22 Section 22. 29.621 (4) (d) of the statutes is created to read:

AB126,12,4 29.621 (4) (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the gun or firearm is a handgun, as defined in s. 175.60 (1) (bm).

AB126, s. 23 Section 23. 29.621 (6) of the statutes is created to read:

AB126,12,7 29.621 (6) Injurious animals. Nothing in this section may prohibit, prevent, or interfere with the department in the destruction of injurious animals.

AB126, s. 24 Section 24. 48.685 (2) (bb) of the statutes is amended to read:

AB126,13,2 48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) 1. does not indicate such a charge or conviction, the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b) 1., a background information form under sub. (6) (a) or (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

AB126, s. 25 Section 25. 50.065 (2) (bb) of the statutes is amended to read:

AB126,13,20 50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am), or any disclosure made pursuant to a disclosure policy described under sub. (6) (am), indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) does not indicate such a charge or conviction, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b), a background information form under sub. (6) (a) or (am), any disclosure made pursuant to a disclosure policy described under sub. (6) (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

AB126, s. 26 Section 26. 59.54 (6) of the statutes is amended to read: