SB90,31,43
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.
SB90,31,75
(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.
SB90,31,13
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).
SB90,31,1514
(b) An emergency license issued under this subsection is valid for 30 days
15unless it is void under par. (c).
SB90,31,1816
(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.
SB90,31,19
19(11) Updated information. (a) 1. In this paragraph:
SB90,31,2220
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.
SB90,31,2423
b. "Court automated information systems" means the systems under s. 758.19
24(4).
SB90,32,5
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:
SB90,32,76
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.
SB90,32,88
b. The individual is found incompetent under s. 971.14.
SB90,32,109
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.
SB90,32,1313
e. The individual is found incompetent under ch. 54.
SB90,32,1514
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).
SB90,32,1716
g. A court has prohibited the individual from possessing a dangerous weapon
17under s. 969.02 (3) (c).
SB90,32,1918
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).
SB90,32,2220
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).
SB90,32,2523
(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).
SB90,33,2
12. Except as provided in subd. 3., for a first violation of subd. 1., the department
2must issue the licensee a warning.
SB90,33,53
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).
SB90,33,86
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.
SB90,33,15
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.
SB90,33,1716
(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:
SB90,33,1918
a. To confirm that a license produced by an individual at the request of a law
19enforcement officer is valid.
SB90,33,2220
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.
SB90,33,2423
c. To investigate whether an individual submitted an intentionally false
24statement under sub. (7) (b) or (15) (b) 2.
SB90,33,2525
d. To investigate whether an individual complied with sub. (14) (b) 3.
SB90,34,2
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.
SB90,34,73
(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).
SB90,34,11
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:
SB90,34,1312
1. To confirm that a license produced by an individual at the request of a law
13enforcement officer is valid.
SB90,34,1614
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.
SB90,34,1917
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.
SB90,34,2320
(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.
SB90,35,3
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.
SB90,35,74
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.
SB90,35,17
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.
SB90,35,20
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.
SB90,36,221
(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.
SB90,36,63
(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.
SB90,36,97
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:
SB90,36,1312
a. Deliver the license document personally or by certified mail to the
13department.
SB90,36,1614
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.
SB90,36,19
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.
SB90,36,24
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).
SB90,37,8
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.
SB90,37,119
(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.
SB90,37,1916
(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.
SB90,37,2120
(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.
SB90,37,2524
2. That the department erroneously interpreted a provision of law and a correct
25interpretation compels a different action.
SB90,38,2
13. That the department's action depends on a finding of fact that is not
2supported by substantial evidence in the record.
SB90,38,43
4. a. If the appeal is regarding a denial, that the denial was based on factors
4other than the factors under sub. (3).
SB90,38,65
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).
SB90,38,87
(g) 1. The court's decision shall provide whatever relief is appropriate
8regardless of the original form of the petition.
SB90,38,119
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.
SB90,38,15
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).
SB90,38,2016
(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:
SB90,38,2121
1. Submits a renewal application on the form provided by the department.
SB90,38,2422
2. Submits a statement reporting that the information provided under subd.
231. is true and complete to the best of his or her knowledge and that he or she is not
24disqualified under sub. (3).
SB90,38,2525
4. Pays all of the following:
SB90,39,3
1a. A renewal fee in an amount, as determined by the department by rule, that
2is equal to the cost of renewing the license but does not exceed $27. The department
3shall determine the costs of renewing a license by using a 5-year planning period.
SB90,39,54
b. A fee for a background check that is equal to the fee charged under s. 175.35
5(2i).
SB90,39,76
(c) The department shall conduct a background check of a licensee as provided
7under sub. (9g) before renewing the licensee's license under par. (b).
SB90,39,98
(d) The department shall issue a renewal license by 1st class mail within 21
9days of receiving a renewal application, statement, and fees under par. (b).
SB90,39,1310
(e) The license of a member of the U.S. armed forces, a reserve unit of the armed
11forces, or the national guard who is deployed overseas while on active duty may not
12expire until at least 90 days after the end of the licensee's overseas deployment
13unless the license is suspended or revoked under sub. (14).
SB90,39,18
14(15m) Employer restrictions. (a) Except as provided in par. (b), an employer
15may prohibit a licensee or an out-of-state licensee that it employs from carrying a
16concealed weapon or a particular type of concealed weapon in the course of the
17licensee's or out-of-state licensee's employment or during any part of the licensee's
18or out-of-state licensee's course of employment.
SB90,39,2419
(b) An employer may not prohibit a licensee or an out-of-state licensee, as a
20condition of employment, from carrying a concealed weapon, a particular type of
21concealed weapon, or ammunition or from storing a weapon, a particular type of
22weapon, or ammunition in the licensee's or out-of-state licensee's own motor vehicle,
23regardless of whether the motor vehicle is used in the course of employment or
24whether the motor vehicle is driven or parked on property used by the employer.
SB90,40,4
1(16) Prohibited activity. (a) Except as provided in par. (am) and s. 943.13 (1m)
2and (1n), a licensee or an out-of-state licensee may carry a concealed weapon or a
3weapon that is not concealed anywhere on publicly owned property and in publicly
4owned buildings in this state.
SB90,40,105
(am) 1. Except as provided in subd. 2., neither a licensee nor an out-of-state
6licensee may knowingly carry a concealed weapon, a weapon that is not concealed,
7or a firearm that is not a weapon in any portion of a building that is a police station,
8sheriff's office, or state patrol station; a prison, jail, house of correction, or secured
9correctional facility; a county, state, or federal courthouse; or a place beyond a
10security checkpoint in an airport.
SB90,40,1111
2. The prohibitions under subd. 1. do not apply to any of the following:
SB90,40,1312
a. A weapon in a vehicle driven or parked in a parking facility located in a
13building that is used as, or any portion of which is used as, a location under subd. 1.
SB90,40,1614
b. A weapon in a courthouse if a judge who is a licensee is carrying the weapon
15or if another licensee or out-of-state licensee, whom a judge has permitted in writing
16to carry a weapon, is carrying the weapon.
SB90,40,1817
c. A weapon in a courthouse if a district attorney, or an assistant district
18attorney, who is a licensee is carrying the weapon.
SB90,40,20
19(17) Penalties. (a) Any person who violates sub. (2g) (b) or (c) may be required
20to forfeit not more than $25.
SB90,40,2221
(ac) Except as provided in sub. (11) (b) 2., any person who violates sub. (11) (b)
221. may be required to forfeit $50.
SB90,40,2423
(ag) Any person who violates sub. (2m) (e), (12), or (12g) may be fined not more
24than $500 or sentenced to a term of imprisonment of not more than 30 days or both.
SB90,41,5
1(ar) Any law enforcement officer who uses excessive force based solely on an
2individual's status as a licensee may be fined not more than $500 or sentenced to a
3term of imprisonment of not more than 30 days or both. The application of the
4criminal penalty under this paragraph does not preclude the application of any other
5civil or criminal remedy.
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(b) Any person who violates sub. (16) (am) may be fined not more than $500 or
7imprisoned for not more than 30 days or both.
SB90,41,118
(e) Any person required under sub. (14) (b) 3. to relinquish or deliver a license
9document to the department who intentionally violates the requirements of that
10subdivision shall be fined not more than $500 and may be imprisoned for not more
11than 30 days or both.
SB90,41,14
12(18) Reciprocity agreements. The department may enter into reciprocity
13agreements with other states as to matters relating to licenses or other authorization
14to carry concealed weapons.
SB90,41,24
15(19) Statistical report. By March 1 of each year, the department shall submit
16a statistical report to the legislature under s. 13.172 (2) and to the governor that
17indicates the number of licenses applied for, issued, denied, suspended, and revoked
18under this section during the previous calendar year. For the licenses denied, the
19report shall indicate the reasons for the denials and the part of the application
20process in which the reasons for denial were discovered. For the licenses suspended
21or revoked, the report shall indicate the reasons for the suspensions and revocations.
22The department may not include in the report any information that may be used to
23identify an applicant or a licensee, including, but not limited to, a name, address,
24birth date, or social security number.
SB90,42,5
1(21) Immunity. (a) The department of justice, the department of
2transportation, and the employees of each department; clerks, as defined in sub. (11)
3(a) 1. a., and their staff; and court automated information systems, as defined under
4sub. (11) (a) 1. b., and their employees are immune from liability arising from any act
5or omission under this section, if done so in good faith.
SB90,42,86
(b) A person that does not prohibit an individual from carrying a concealed
7weapon on property that the person owns or occupies is immune from any liability
8arising from its decision.
SB90,42,119
(c) An employer that does not prohibit one or more employees from carrying a
10concealed weapon under sub. (15m) is immune from any liability arising from its
11decision.
SB90, s. 42
12Section
42. 440.26 (3m) of the statutes is renumbered 440.26 (3m) (intro.) and
13amended to read: