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11(7) Going armed with a firearm. This section does not limit a former officer's
12right to go armed with a firearm that is not concealed.
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13Section
41. 175.60 of the statutes is created to read:
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14175.60 License to carry a concealed weapon. (1) Definitions. In this
15section:
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(ac) "Background check" means the searches the department conducts under
17sub. (9g) to determine a person's eligibility for a license to carry a concealed weapon.
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(ag) "Carry" means to go armed with.
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(b) "Department" means the department of justice.
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(bm) "Handgun" means any weapon designed or redesigned, or made or
21remade, and intended to be fired while held in one hand and to use the energy of an
22explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not
23include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined
24in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).
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(bv) "Law enforcement agency" does not include the department.
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1(c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
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(d) "Licensee" means an individual holding a valid license to carry a concealed
3weapon issued under this section.
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(e) "Motor vehicle" has the meaning given in s. 340.01 (35).
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(f) "Out-of-state license" means a valid permit, license, approval, or other
6authorization issued by another state if all of the following apply:
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1. The permit, license, approval, or other authorization is for the carrying of a
8concealed weapon.
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2. The state is listed in the rule promulgated by the department under s. 165.25
10(12) and, if that state does not require a background search for the permit, license,
11approval, or authorization, the permit, license, approval, or authorization
12designates that the holder chose to submit to a background search.
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(g) "Out-of-state licensee" means an individual who is 21 years of age or over,
14who is not a Wisconsin resident, and who has been issued an out-of-state license.
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(h) "Photographic identification card" means one of the following:
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1. An operator's license issued under ch. 343 or an identification card issued
17under s. 343.50.
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2. A license or card issued by a state other than Wisconsin that is substantially
19equivalent to a license or card under subd. 1.
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(i) "State identification card number" means the unique identifying driver
21number assigned to a person by the department of transportation under s. 343.17 (3)
22(a) 4. or, if the person has no driver number, the number assigned to the person on
23an identification card issued under s. 343.50.
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(j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (4),
25a knife other than a switchblade knife under s. 941.24, or a billy club.
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1(2) Issuance and scope of license. (a) The department shall issue a license
2to carry a concealed weapon to any individual who is not disqualified under sub. (3)
3and who completes the application process specified in sub. (7). A license to carry a
4concealed weapon issued under this section shall meet the requirements specified in
5sub. (2m).
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(b) The department may not impose conditions, limitations, or requirements
7that are not expressly provided for in this section on the issuance, scope, effect, or
8content of a license.
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(c) Unless expressly provided in this section, this section does not limit an
10individual's right to carry a firearm that is not concealed.
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11(2g) Carrying a concealed weapon; possession and display of license
12document or authorization. (a) A licensee or an out-of-state licensee may carry a
13concealed weapon anywhere in this state except as provided under subs. (15m) and
14(16) and ss. 943.13 (1m) (c) and (1n) and 948.605 (2) (b) 1r.
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(b) Unless the licensee or out-of-state licensee is carrying a concealed weapon
16in a manner described under s. 941.23 (2) (e), a licensee shall have with him or her
17his or her license document and photographic identification card and an out-of-state
18licensee shall have with him or her his or her out-of-state license and photographic
19identification card at all times during which he or she is carrying a concealed
20weapon.
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(c) Unless the licensee or out-of-state licensee is carrying a concealed weapon
22in a manner described under s. 941.23 (2) (e), a licensee who is carrying a concealed
23weapon shall display his or her license document and photographic identification
24card and an out-of-state licensee who is carrying a concealed weapon shall display
1his or her out-of-state license and photographic identification card to a law
2enforcement officer upon the request of the law enforcement officer.
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3(2m) License document; content of license. (a) Subject to pars. (b), (bm), (c),
4and (d), the department shall design a single license document for licenses issued and
5renewed under this section. The department shall complete the design of the license
6document no later than the first day of the 2nd month beginning after the effective
7date of this paragraph .... [LRB inserts date].
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(b) A license document for a license issued under this section shall contain all
9of the following on one side:
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1. The full name, date of birth, and residence address of the licensee.
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2. A physical description of the licensee, including sex, height, hair color, and
12eye color.
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3. The date on which the license was issued.
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4. The date on which the license expires.
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5. The name of this state.
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6. A unique identification number for each licensee.
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(bm) The reverse side of a license document issued under this section shall
18contain the requirement under sub. (11) (b) that the licensee shall inform the
19department of any address change no later than 30 days after his or her address
20changes and the penalty for a violation of the requirement.
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(c) The license document may not contain the licensee's social security number.
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(d) 1. The contents of the license document shall be included in the document
23in substantially the same way that the contents of an operator's license document
24issued under s. 343.17 are included in that document.
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12. The identification card issued under this section shall be tamper proof in
2substantially the same way that the operator's license is tamper proof under s.
3343.17 (2).
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(e) The department of justice may contract with the department of
5transportation to produce and issue identification cards under this section. Neither
6the department of transportation nor any employee of the department of
7transportation may store, maintain, or access the information provided by the
8department of justice for the production or issuance of identification cards other than
9to the extent necessary to produce or issue the identification cards.
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10(3) Restrictions on issuing a license. The department shall issue a license
11under this section to an individual who submits an application under sub. (7) unless
12any of the following applies:
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(a) The individual is less than 21 years of age.
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(b) The individual is prohibited under federal law from possessing a firearm
15that has been transported in interstate or foreign commerce.
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(c) The individual is prohibited from possessing a firearm under s. 941.29.
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(d) The individual is not a Wisconsin resident.
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18(5) Application and renewal forms. (a) The department shall design an
19application form for use by individuals who apply for a license under this section and
20a renewal form for use by individuals applying for renewal of a license under sub.
21(15). The department shall complete the design of the application form no later than
22the first day of the 2nd month beginning after the effective date of this paragraph ....
23[LRB inserts date], and shall complete the design of the renewal form no later than
24the first day of the 36th month beginning after the effective date of this paragraph
25.... [LRB inserts date]. The forms shall require the applicant to provide only his or
1her name, address, date of birth, state identification card number, race, sex, height,
2hair color, and eye color and shall include all of the following:
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1. A statement that the applicant is ineligible for a license if sub. (3) (a), (b), (c),
4or (d) applies to the applicant.
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2. A statement explaining self-defense and defense of others under s. 939.48,
6with a place for the applicant to sign his or her name to indicate that he or she has
7read and understands the statement.
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3. A statement, with a place for the applicant to sign his or her name, to indicate
9that the applicant has read and understands the requirements of this section.
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4. A statement that an applicant may be prosecuted if he or she intentionally
11gives a false answer to any question on the application or intentionally submits a
12falsified document with the application.
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5. A statement of the penalties for intentionally giving a false answer to any
14question on the application or intentionally submitting a falsified document with the
15application.
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6. A statement of the places under sub. (16) where a licensee is prohibited from
17carrying a weapon, as well as an explanation of the provisions under sub. (15m) and
18ss. 943.13 (1m) (c) and (1n) and 948.605 (2) (b) 1r. that could limit the places where
19the licensee may carry a weapon, with a place for the applicant to sign his or her name
20to indicate that he or she has read and understands the statement.
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(b) The department shall make the forms described in this subsection available
22on the Internet and, upon request, by mail.
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23(7) Submission of application. An individual may apply for a license under this
24section with the department by submitting, by mail or other means made available
25by the department, to the department all of the following:
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1(a) A completed application in the form prescribed under sub. (5) (a).
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(b) A statement that states that the information that he or she is providing in
3the application submitted under par. (a) and any document submitted with the
4application is true and complete to the best of his or her knowledge.
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(c) A license fee in an amount, as determined by the department by rule, that
6is equal to the cost of issuing the license but does not exceed $52. The department
7shall determine the costs of issuing a license by using a 5-year planning period.
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(d) A fee for a background check that is equal to the fee charged under s. 175.35
9(2i).
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10(9) Processing of application. (a) Upon receiving an application submitted
11under sub. (7), the department shall conduct a background check.
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(b) Within 21 days after receiving a complete application under sub. (7), the
13department shall do one of the following:
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1. Issue the license and promptly send the licensee his or her license document
15by 1st class mail.
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2. Deny the application, but only if sub. (3) (a), (b), (c), or (d) applies to the
17applicant. If the department denies the application, the department shall inform the
18applicant in writing, stating the reason and factual basis for the denial.
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19(9g) Background checks. (a) The department shall conduct a background
20check regarding an applicant for a license using the following procedure:
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1. The department shall create a confirmation number associated with the
22applicant.
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2. The department shall use the transaction information for management of
24enforcement system and the national crime information center system.
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3. As soon as practicable, the department shall do the following:
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1a. If the background check indicates sub. (3) (b) or (c) applies to the applicant,
2create a unique nonapproval number for the applicant.
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b. If the completed background check does not indicate that sub. (3) (b) or (c)
4applies to the applicant, create a unique approval number for the applicant.
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(b) The department shall maintain a record of all completed application forms
6and a record of all approval or nonapproval numbers regarding background checks
7under this subsection.
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8(9r) Emergency license. (a) An individual who requires an immediate license
9may petition the court in the county in which he or she resides for such a license.
10Unless the court knows that the individual is ineligible for a license under sub. (3),
11a court may issue a temporary license to an individual if the court determines that
12immediate licensure is warranted to protect the individual from death or great bodily
13harm, as defined in s. 939.22 (14).
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(b) An emergency license issued under this subsection is valid for 30 days
15unless it is void under par. (c).
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(c) If the holder of an emergency license issued under par. (a) applies for a
17license under sub. (7) and is determined to be ineligible under sub. (3) for a license,
18the emergency license is void.
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19(11) Updated information. (a) 1. In this paragraph:
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a. "Clerk" means the clerk of the circuit court or, if it has enacted a law or an
21ordinance in conformity with s. 346.63, the clerk of the court for a federally
22recognized American Indian tribe or band in this state, a city, a village, or a town.
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b. "Court automated information systems" means the systems under s. 758.19
24(4).
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12. The court automated information systems, or the clerk or register in probate,
2if the information is not contained in or cannot be transmitted by the court
3automated information systems, shall promptly notify the department of the name
4of any individual with respect to whom any of the following occurs and the specific
5reason for the notification:
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a. The individual is found by a court to have committed a felony or any other
7crime that would disqualify the individual from having a license under this section.
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b. The individual is found incompetent under s. 971.14.
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c. The individual is found not guilty of any crime by reason of mental disease
10or mental defect under s. 971.17.
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d. The individual is involuntarily committed for treatment under s. 51.20 or
1251.45.
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e. The individual is found incompetent under ch. 54.
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f. The individual becomes subject to an injunction described in s. 941.29 (1) (f)
15or is ordered not to possess a firearm under s. 813.125 (4m).
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g. A court has prohibited the individual from possessing a dangerous weapon
17under s. 969.02 (3) (c).
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h. A court has ordered the individual not to possess a firearm under s. 51.20
19(13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).
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3. Upon receiving a notice under subd. 2., the department shall immediately
21determine if the individual who is the subject of the notice is a licensee, using the list
22maintained under sub. (12) (a).
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(b) 1. No later than 30 days after changing his or her address, a licensee shall
24inform the department of the new address. The department shall include the
25individual's new address in the list under sub. (12) (a).
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12. Except as provided in subd. 3., for a first violation of subd. 1., the department
2must issue the licensee a warning.
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3. If an individual is in violation of subd. 1. and his or her license has been
4suspended or revoked under sub. (14), the individual is subject to the penalty under
5sub. (17) (ac).
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4. A licensee may not be charged with a violation of subd. 1. if the department
7learns of the violation when the licensee informs the department of the address
8change.
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9(12) Maintenance, use, and publication of records by the department. (a) The
10department shall maintain a computerized record listing the names and the
11information specified in sub. (2m) (b) of all individuals who have been issued a license
12under this section. Subject to par. (b) 1. b., neither the department nor any employee
13of the department may store, maintain, format, sort, or access the information in any
14way other than by the names, dates of birth, or sex of licensees or by the identification
15numbers assigned to licensees under sub. (2m) (b) 6.