SB90: Bill Text

SB90,36,9 2. If the department suspends or revokes a license under this section, the suspension or revocation takes effect when the individual whose license has been suspended or revoked receives the notice under subd. 1.

SB90,36,11 3. Within 7 days after receiving the notice, the individual whose license has been suspended or revoked shall do one of the following:

SB90,36,13 a. Deliver the license document personally or by certified mail to the department.

SB90,36,16 b. Mail a signed statement to the department stating that he or she no longer has possession of his or her license document and stating the reasons why he or she no longer has possession.

SB90,36,19 (14g) Departmental review. The department shall promulgate rules providing for the review of any action by the department denying an application for, or suspending or revoking, a license under this section.

SB90,36,24 (14m) Appeals to the circuit court. (a) An individual aggrieved by any action by the department denying an application for, or suspending or revoking, a license under this section, may appeal directly to the circuit court of the county in which the individual resides without regard to whether the individual has sought review under the process established in sub. (14g).

SB90,37,8 (b) To begin an appeal under this subsection, the aggrieved individual shall file a petition for review with the clerk of the applicable circuit court within 30 days of receiving notice of denial of an application for a license or of suspension or revocation of a license. The petition shall state the substance of the department's action from which the individual is appealing and the grounds upon which the individual believes the department's action to be improper. The petition may include a copy of any records or documents that are relevant to the grounds upon which the individual believes the department's action to be improper.

SB90,37,11 (c) A copy of the petition shall be served upon the department either personally or by registered or certified mail within 5 days after the individual files his or her petition under par. (b).

SB90,37,15 (d) The department shall file an answer within 15 days after being served with the petition under par. (c). The answer shall include a brief statement of the actions taken by the department. The department shall include with the answer when filed a copy of any documents or records on which the department based its action.

SB90,37,19 (e) The court shall review the petition, the answer, and any records or documents submitted with the petition or the answer. The review under this paragraph shall be conducted by the court without a jury but the court may schedule a hearing and take testimony.

SB90,37,21 (f) The court shall reverse the department's action if the court finds any of the following:

SB90,37,23 1. That the department failed to follow any procedure, or take any action, prescribed under this section.

SB90,37,25 2. That the department erroneously interpreted a provision of law and a correct interpretation compels a different action.

SB90,38,2 3. That the department's action depends on a finding of fact that is not supported by substantial evidence in the record.

SB90,38,4 4. a. If the appeal is regarding a denial, that the denial was based on factors other than the factors under sub. (3).

SB90,38,6 b. If the appeal is regarding a suspension or revocation, that the suspension or revocation was based on criteria other than those under sub. (14) (a) or (am).

SB90,38,8 (g) 1. The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.

SB90,38,11 2. If the court reverses the department's action, the court may order the department to pay the aggrieved individual all court costs and reasonable attorney fees.

SB90,38,15 (15) License expiration and renewal. (a) Except as provided in par. (e) and sub. (9r) (b), a license issued under this section is valid for a period of 5 years from the date on which the license is issued unless the license is suspended or revoked under sub. (14).

SB90,38,20 (b) The department shall design a notice of expiration form. At least 90 days before the expiration date of a license issued under this section, the department shall mail to the licensee a notice of expiration form and a form for renewing the license. The department shall renew the license if, no later than 90 days after the expiration date of the license, the licensee does all of the following:

SB90,38,21 1. Submits a renewal application on the form provided by the department.

SB90,38,24 2. Submits a statement reporting that the information provided under subd. 1. is true and complete to the best of his or her knowledge and that he or she is not disqualified under sub. (3).

SB90,38,25 4. Pays all of the following:

SB90,39,3 a. A renewal fee in an amount, as determined by the department by rule, that is equal to the cost of renewing the license but does not exceed $27. The department shall determine the costs of renewing a license by using a 5-year planning period.

SB90,39,5 b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i).

SB90,39,7 (c) The department shall conduct a background check of a licensee as provided under sub. (9g) before renewing the licensee's license under par. (b).

SB90,39,9 (d) The department shall issue a renewal license by 1st class mail within 21 days of receiving a renewal application, statement, and fees under par. (b).

SB90,39,13 (e) The license of a member of the U.S. armed forces, a reserve unit of the armed forces, or the national guard who is deployed overseas while on active duty may not expire until at least 90 days after the end of the licensee's overseas deployment unless the license is suspended or revoked under sub. (14).

SB90,39,18 (15m) Employer restrictions. (a) Except as provided in par. (b), an employer may prohibit a licensee or an out-of-state licensee that it employs from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee's or out-of-state licensee's employment or during any part of the licensee's or out-of-state licensee's course of employment.

SB90,39,24 (b) An employer may not prohibit a licensee or an out-of-state licensee, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the licensee's or out-of-state licensee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer.

SB90,40,4 (16) Prohibited activity. (a) Except as provided in par. (am) and s. 943.13 (1m) and (1n), a licensee or an out-of-state licensee may carry a concealed weapon or a weapon that is not concealed anywhere on publicly owned property and in publicly owned buildings in this state.

SB90,40,10 (am) 1. Except as provided in subd. 2., neither a licensee nor an out-of-state licensee may knowingly carry a concealed weapon, a weapon that is not concealed, or a firearm that is not a weapon in any portion of a building that is a police station, sheriff's office, or state patrol station; a prison, jail, house of correction, or secured correctional facility; a county, state, or federal courthouse; or a place beyond a security checkpoint in an airport.

SB90,40,11 2. The prohibitions under subd. 1. do not apply to any of the following:

SB90,40,13 a. A weapon in a vehicle driven or parked in a parking facility located in a building that is used as, or any portion of which is used as, a location under subd. 1.

SB90,40,16 b. A weapon in a courthouse if a judge who is a licensee is carrying the weapon or if another licensee or out-of-state licensee, whom a judge has permitted in writing to carry a weapon, is carrying the weapon.

SB90,40,18 c. A weapon in a courthouse if a district attorney, or an assistant district attorney, who is a licensee is carrying the weapon.

SB90,40,20 (17) Penalties. (a) Any person who violates sub. (2g) (b) or (c) may be required to forfeit not more than $25.

SB90,40,22 (ac) Except as provided in sub. (11) (b) 2., any person who violates sub. (11) (b) 1. may be required to forfeit $50.

SB90,40,24 (ag) Any person who violates sub. (2m) (e), (12), or (12g) may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both.

SB90,41,5 (ar) Any law enforcement officer who uses excessive force based solely on an individual's status as a licensee may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both. The application of the criminal penalty under this paragraph does not preclude the application of any other civil or criminal remedy.

SB90,41,7 (b) Any person who violates sub. (16) (am) may be fined not more than $500 or imprisoned for not more than 30 days or both.

SB90,41,11 (e) Any person required under sub. (14) (b) 3. to relinquish or deliver a license document to the department who intentionally violates the requirements of that subdivision shall be fined not more than $500 and may be imprisoned for not more than 30 days or both.

SB90,41,14 (18) Reciprocity agreements. The department may enter into reciprocity agreements with other states as to matters relating to licenses or other authorization to carry concealed weapons.

SB90,41,24 (19) Statistical report. By March 1 of each year, the department shall submit a statistical report to the legislature under s. 13.172 (2) and to the governor that indicates the number of licenses applied for, issued, denied, suspended, and revoked under this section during the previous calendar year. For the licenses denied, the report shall indicate the reasons for the denials and the part of the application process in which the reasons for denial were discovered. For the licenses suspended or revoked, the report shall indicate the reasons for the suspensions and revocations. The department may not include in the report any information that may be used to identify an applicant or a licensee, including, but not limited to, a name, address, birth date, or social security number.

SB90,42,5 (21) Immunity. (a) The department of justice, the department of transportation, and the employees of each department; clerks, as defined in sub. (11) (a) 1. a., and their staff; and court automated information systems, as defined under sub. (11) (a) 1. b., and their employees are immune from liability arising from any act or omission under this section, if done so in good faith.

SB90,42,8 (b) A person that does not prohibit an individual from carrying a concealed weapon on property that the person owns or occupies is immune from any liability arising from its decision.

SB90,42,11 (c) An employer that does not prohibit one or more employees from carrying a concealed weapon under sub. (15m) is immune from any liability arising from its decision.

SB90, s. 42 Section 42. 440.26 (3m) of the statutes is renumbered 440.26 (3m) (intro.) and amended to read:

SB90,42,18 440.26 (3m) Rules concerning dangerous weapons. (intro.) The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall meet the minimum requirements specified in 15 USC 5902 (b). and shall allow all of the following:

SB90, s. 43 Section 43. 440.26 (3m) (a) of the statutes is created to read:

SB90,42,22 440.26 (3m) (a) A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm if s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

SB90, s. 44 Section 44. 440.26 (3m) (b) of the statutes is created to read:

SB90,42,25 440.26 (3m) (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to carry a concealed firearm if s. 941.23 (2) (b) 1. to 3. applies.

SB90, s. 45 Section 45. 440.26 (3m) (c) of the statutes is created to read:

SB90,43,3 440.26 (3m) (c) A former officer, as defined in s. 941.23 (1) (c), to carry a concealed firearm if s. 941.23 (2) (c) 1. to 7. applies.

SB90, s. 46 Section 46. 440.26 (3m) (d) of the statutes is created to read:

SB90,43,7 440.26 (3m) (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), to carry a concealed weapon as permitted under s. 175.60.

SB90, s. 47 Section 47. 813.12 (6) (am) 1. of the statutes is amended to read:

SB90,43,15 813.12 (6) (am) 1. If an injunction is issued or extended under sub. (4) or if a tribal injunction is filed under s. 806.247 (3), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

SB90, s. 48 Section 48. 813.122 (9) (am) 1. of the statutes is amended to read:

SB90,43,22 813.122 (9) (am) 1. If an injunction is issued or extended under sub. (5), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

SB90, s. 49 Section 49. 813.125 (5r) (a) of the statutes is amended to read:

SB90,44,5 813.125 (5r) (a) If an order prohibiting a respondent from possessing a firearm is issued under sub. (4m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

SB90, s. 50 Section 50. 895.527 (5) (a) of the statutes is amended to read:

SB90,44,9 895.527 (5) (a) Section 167.30 (1), 941.20 (1) (d) or 948.605 or any rule promulgated under those sections regulating or prohibiting the discharge of firearms.

SB90, s. 51 Section 51. 938.396 (2g) (n) of the statutes is amended to read:

SB90,44,17 938.396 (2g) (n) Firearms restriction record search or background check. If a juvenile is adjudged delinquent for an act that would be a felony if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

SB90, s. 52 Section 52. 939.22 (10) of the statutes is amended to read:

SB90,44,25 939.22 (10) "Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; any electric weapon, as defined in s. 941.295 (4) (1c) (a); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

SB90, s. 53 Section 53. 941.23 of the statutes is renumbered 941.23 (2) (intro.) and amended to read:

SB90,45,5 941.23 (2) (intro.) Any person except a peace officer, other than one of the following, who goes armed with carries a concealed and dangerous weapon is guilty of a Class A misdemeanor. Notwithstanding:

SB90,45,8 (a) A peace officer, but notwithstanding s. 939.22, for purposes of this section paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.

SB90, s. 54 Section 54. 941.23 (1) of the statutes is created to read:

SB90,45,10 941.23 (1) In this section:

SB90,45,11 (ag) "Carry" has the meaning given in s. 175.60 (1) (ag).

SB90,45,12 (ar) "Destructive device" has the meaning given in 18 USC 921 (a) (4).

SB90,45,13 (b) "Firearm silencer" has the meaning given in s. 941.298 (1).

SB90,45,15 (c) "Former officer" means a person who served as a law enforcement officer with a law enforcement agency before separating from law enforcement service.

SB90,45,16 (d) "Law enforcement agency" has the meaning given in s. 175.49 (1) (f).

SB90,45,17 (e) "Law enforcement officer" has the meaning given in s. 175.49 (1) (g).

SB90,45,18 (f) "Machine gun" has the meaning given in s. 941.27 (1).

SB90,45,20 (g) "Qualified out-of-state law enforcement officer" means a law enforcement officer to whom all of the following apply:

SB90,45,22 1. The person is employed by a state or local government agency in another state.

SB90,45,23 2. The agency has authorized the person to carry a firearm.

SB90,45,25 3. The person is not the subject of any disciplinary action by the agency that could result in the suspension or loss of the person's law enforcement authority.

SB90,46,2 4. The person meets all standards established by the agency to qualify the person on a regular basis to use a firearm.

SB90,46,3 5. The person is not prohibited under federal law from possessing a firearm.

SB90, s. 55 Section 55. 941.23 (2) (b) of the statutes is created to read:

SB90,46,6 941.23 (2) (b) A qualified out-of-state law enforcement officer. This paragraph applies only if all of the following apply: