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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.
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(b) 1. A law enforcement officer may not request or be provided information
17under par. (a) concerning a specific licensee except for one of the following purposes:
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a. To confirm that a license produced by an individual at the request of a law
19enforcement officer is valid.
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b. If an individual is carrying a concealed weapon and claims to hold a valid
21license issued under this section but does not have his or her license document, to
22confirm that the individual holds a valid license under this section.
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c. To investigate whether an individual submitted an intentionally false
24statement under sub. (7) (b) or (15) (b) 2.
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d. To investigate whether an individual complied with sub. (14) (b) 3.
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12. A person who is a law enforcement officer in a state other than Wisconsin
2may request and be provided information under subd. 1. a. and b.
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(c) Notwithstanding s. 19.35, the department of justice, the department of
4transportation, or any employee of either department may not make information
5obtained under this section available to the public except in the context of a
6prosecution for an offense in which the person's status as a licensee is relevant or
7through a report created under sub. (19).
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8(12g) Providing licensee information to law enforcement agencies. (a) The
9department shall provide information concerning a specific licensee to a law
10enforcement agency, but only if the law enforcement agency is requesting the
11information for any of the following purposes:
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1. To confirm that a license produced by an individual at the request of a law
13enforcement officer is valid.
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2. If an individual is carrying a concealed weapon and claims to hold a valid
15license issued under this section but does not have his or her license document, to
16confirm that an individual holds a valid license under this section.
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3. If the law enforcement agency is a Wisconsin law enforcement agency, to
18investigate whether an individual submitted an intentionally false statement under
19sub. (7) (b) or (15) (b) 2.
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(b) 1. Notwithstanding s. 19.35, neither a law enforcement agency nor any of
21its employees may make information regarding an individual that was obtained from
22the department under this subsection available to the public except in the context
23of a prosecution for an offense in which the person's status as a licensee is relevant.
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12. Neither a law enforcement agency nor any of its employees may store or
2maintain information regarding an individual that was obtained from the
3department under this subsection based on the individual's status as a licensee.
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3. Neither a law enforcement agency nor any of its employees may sort or access
5information regarding vehicle stops, investigations, civil or criminal offenses, or
6other activities involving the agency based on the status as licensees of any
7individuals involved.
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8(13) Lost or destroyed license. If a license document is lost, a licensee no
9longer has possession of his or her license, or a license document is destroyed,
10unreadable, or unusable, a licensee may submit to the department a statement
11requesting a replacement license document, the license document or any portions of
12the license document if available, and a $15 replacement fee. The department shall
13issue a replacement license document to the licensee within 14 days of receiving the
14statement and fee. If the licensee does not submit the original license document to
15the department, the department shall terminate the unique approval number of the
16original request and issue a new unique approval number for the replacement
17request.
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18(14) License revocation and suspension. (a) The department shall revoke a
19license issued under this section if the department determines that sub. (3) (b), (c),
20or (d) applies to the licensee.
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(am) The department shall suspend a license issued under this section if a court
22has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3)
23(c). If the individual whose license was suspended is no longer subject to the
24prohibition under s. 969.02 (3) (c), sub. (3) (b), (c), or (d) does not apply to the
25individual, and the suspended license would not have expired under sub. (15) (a) had
1it not been suspended, the department shall restore the license within 5 business
2days of notification that the licensee is no longer subject to the prohibition.
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(b) 1. If the department suspends or revokes a license issued under this section,
4the department shall send the individual whose license has been suspended or
5revoked notice of the suspension or revocation by certified mail within one day after
6the suspension or revocation.
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2. If the department suspends or revokes a license under this section, the
8suspension or revocation takes effect when the individual whose license has been
9suspended or revoked receives the notice under subd. 1.
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3. Within 7 days after receiving the notice, the individual whose license has
11been suspended or revoked shall do one of the following:
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a. Deliver the license document personally or by certified mail to the
13department.
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b. Mail a signed statement to the department stating that he or she no longer
15has possession of his or her license document and stating the reasons why he or she
16no longer has possession.
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17(14g) Departmental review. The department shall promulgate rules providing
18for the review of any action by the department denying an application for, or
19suspending or revoking, a license under this section.
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20(14m) Appeals to the circuit court. (a) An individual aggrieved by any action
21by the department denying an application for, or suspending or revoking, a license
22under this section, may appeal directly to the circuit court of the county in which the
23individual resides without regard to whether the individual has sought review under
24the process established in sub. (14g).
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1(b) To begin an appeal under this subsection, the aggrieved individual shall file
2a petition for review with the clerk of the applicable circuit court within 30 days of
3receiving notice of denial of an application for a license or of suspension or revocation
4of a license. The petition shall state the substance of the department's action from
5which the individual is appealing and the grounds upon which the individual
6believes the department's action to be improper. The petition may include a copy of
7any records or documents that are relevant to the grounds upon which the individual
8believes the department's action to be improper.
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(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 individual files his or her
11petition under par. (b).
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(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. The department shall include with the answer when filed
15a copy of any documents or records on which the department based its action.
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(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 but the court may schedule
19a hearing and take testimony.
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(f) The court shall reverse the department's action if the court finds any of the
21following:
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1. That the department failed to follow any procedure, or take any action,
23prescribed under this section.
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2. That the department erroneously interpreted a provision of law and a correct
25interpretation compels a different action.
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13. That the department's action depends on a finding of fact that is not
2supported by substantial evidence in the record.
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4. a. If the appeal is regarding a denial, that the denial was based on factors
4other than the factors under sub. (3).
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b. If the appeal is regarding a suspension or revocation, that the suspension or
6revocation was based on criteria other than those under sub. (14) (a) or (am).
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(g) 1. The court's decision shall provide whatever relief is appropriate
8regardless of the original form of the petition.
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2. If the court reverses the department's action, the court may order the
10department to pay the aggrieved individual all court costs and reasonable attorney
11fees.
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12(15) License expiration and renewal. (a) Except as provided in par. (e) and
13sub. (9r) (b), a license issued under this section is valid for a period of 5 years from
14the date on which the license is issued unless the license is suspended or revoked
15under sub. (14).
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(b) The department shall design a notice of expiration form. At least 90 days
17before the expiration date of a license issued under this section, the department shall
18mail to the licensee a notice of expiration form and a form for renewing the license.
19The department shall renew the license if, no later than 90 days after the expiration
20date of the license, the licensee does all of the following: