SB90: Bill Text

SB90,46,14 1. The former officer has been issued a photographic identification document described in sub. (3) (b) 1. or both of the following:

SB90,46,15 a. A photographic identification document described in sub. (3) (b) 2. (intro.).

SB90,46,18 b. An identification card described in sub. (3) (b) 2. a., if the former officer resides in this state, or a certification described in sub. (3) (b) 2. b., if the former officer resides in another state.

SB90,46,21 2. The weapon is a firearm that is of the type described in a photographic identification document described in subd. 1. (intro.) or a card or certification described in subd. 1. b.

SB90,46,24 3. Within the preceding 12 months, the former officer met the standards of the state in which he or she resides for training and qualification for active duty law enforcement officers to carry firearms.

SB90,46,25 4. The weapon is not a machine gun or a destructive device.

SB90,47,1 5. The former officer is not carrying a firearm silencer.

SB90,47,2 6. The former officer is not under the influence of an intoxicant.

SB90,47,4 7. The former officer is not prohibited under federal law from possessing a firearm.

SB90, s. 57 Section 57. 941.23 (2) (d) of the statutes is created to read:

SB90,47,12 941.23 (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 dangerous weapon is a weapon, as defined under s. 175.60 (1) (j). An individual formerly licensed under s. 175.60 whose license has been suspended or revoked under s. 175.60 (14) may not assert his or her refusal to accept a notice of revocation or suspension mailed under s. 175.60 (14) (b) 1. as a defense to prosecution under this subsection, regardless of whether the person has complied with s. 175.60 (11) (b) 1.

SB90, s. 58 Section 58. 941.23 (2) (e) of the statutes is created to read:

SB90,47,16 941.23 (2) (e) An individual who carries a concealed and dangerous weapon, as defined in s. 175.60 (1) (j), in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.

SB90, s. 59 Section 59. 941.23 (3) of the statutes is created to read:

SB90,47,21 941.23 (3) (a) A qualified out-of-state law enforcement officer shall, while carrying a concealed firearm, also have with him or her an identification card that contains his or her photograph and that was issued by the law enforcement agency by which he or she is employed.

SB90,47,23 (b) A former officer shall, while carrying a concealed firearm, also have with him or her one of the following:

SB90,48,5 1. A photographic identification document issued by the law enforcement agency from which the former officer separated that indicates that, within the 12 months preceding the date on which the former officer is carrying the concealed firearm, he or she was tested or otherwise found by that law enforcement agency to meet the standards for qualification in firearms training that that law enforcement agency sets for active duty law enforcement officers to carry a firearm of the same type as the firearm that the former officer is carrying.

SB90,48,7 2. A photographic identification document issued by the law enforcement agency from which the former officer separated and one of the following:

SB90,48,9 a. A certification card issued under s. 175.49 (2), if the former officer resides in this state.

SB90,48,19 b. A certification issued by the state in which the former officer resides, if the former officer resides in another state, that indicates that, within the 12 months preceding the date on which the former officer is carrying the concealed firearm, he or she has been found by the state in which he or she resides, or by a certified firearms instructor if such an instructor is qualified to conduct a firearms qualification test for law enforcement officers in that state, to meet the standards for qualification in firearms training for law enforcement officers to carry a firearm of the type he or she is carrying, that are established by his or her state of residence or, if that state does not establish standards, by any law enforcement agency in his or her state of residence.

SB90,48,21 (c) A person who violates this subsection may be required to forfeit not more than $25.

SB90,48,23 (d) This subsection does not apply to a licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

SB90, s. 60 Section 60. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and amended to read:

SB90,49,1 941.235 (2) (intro.) This section does not apply to peace any of the following:

SB90,49,7 (a) Peace officers or armed forces or military personnel who go armed in the line of duty or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police, or the sheriff of any county to possess a firearm in any building under sub. (1). Notwithstanding s. 939.22 (22), for purposes of this subsection paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.

SB90, s. 61 Section 61. 941.235 (2) (c) of the statutes is created to read:

SB90,49,10 941.235 (2) (c) 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.

SB90, s. 62 Section 62. 941.235 (2) (d) of the statutes is created to read:

SB90,49,13 941.235 (2) (d) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

SB90, s. 63 Section 63. 941.235 (2) (e) of the statutes is created to read:

SB90,49,16 941.235 (2) (e) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

SB90, s. 64 Section 64. 941.237 (3) (cr) of the statutes is created to read:

SB90,49,19 941.237 (3) (cr) 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.

SB90, s. 65 Section 65. 941.237 (3) (ct) of the statutes is created to read:

SB90,49,22 941.237 (3) (ct) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

SB90, s. 66 Section 66. 941.237 (3) (cx) of the statutes is created to read:

SB90,50,3 941.237 (3) (cx) 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 licensee or out-of-state licensee is not consuming alcohol on the premises.

SB90, s. 67 Section 67. 941.237 (4) of the statutes is repealed.

SB90, s. 68 Section 68. 941.295 (1) of the statutes is renumbered 941.295 (1m).

SB90, s. 69 Section 69. 941.295 (1c) (b) and (c) of the statutes are created to read:

SB90,50,7 941.295 (1c) (b) "Licensee" has the meaning given in s. 175.60 (1) (d).

SB90,50,8 (c) "Out-of-state licensee" has the meaning given in s. 175.60 (1) (g).

SB90, s. 70 Section 70. 941.295 (2) (intro.) of the statutes is amended to read:

SB90,50,10 941.295 (2) (intro.) Subsection (1) (1m) does not apply to any of the following:

SB90, s. 71 Section 71. 941.295 (2) (d) of the statutes is renumbered 941.295 (2) (d) (intro.) and amended to read:

SB90,50,16 941.295 (2) (d) (intro.) Any manufacturer or seller whose of electric weapons are used in this state solely by persons, unless the manufacturer or seller engages in the conduct described in sub. (1m) with the intent to provide an electric weapon to someone other than one of the following:

SB90,50,17 1. A person specified in pars. (a) to (c), a licensee, or an out-of-state licensee.

SB90, s. 72 Section 72. 941.295 (2) (d) 2. of the statutes is created to read:

SB90,50,20 941.295 (2) (d) 2. A person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.

SB90, s. 73 Section 73. 941.295 (2g) of the statutes is created to read:

SB90,50,23 941.295 (2g) The prohibition in sub. (1m) on possessing or going armed with an electric weapon does not apply to any of the following:

SB90,50,24 (a) A licensee or an out-of-state licensee.

SB90,51,3 (b) An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.

SB90, s. 74 Section 74. 941.295 (2r) of the statutes is created to read:

SB90,51,6 941.295 (2r) The prohibition in sub. (1m) on transporting an electric weapon does not apply to any of the following:

SB90,51,7 (a) A licensee or an out-of-state licensee.

SB90,51,10 (b) An individual who is not a licensee or an out-of-state licensee who transports an electric weapon if the electric weapon is enclosed within a carrying case.

SB90, s. 75 Section 75. 941.295 (4) of the statutes is renumbered 941.295 (1c) (intro.) and amended to read:

SB90,51,13 941.295 (1c) (intro.) In this section, "electric:

SB90,51,16 (a) "Electric weapon" means any device which is designed, redesigned, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.

SB90, s. 76 Section 76. 943.13 (1e) (a) of the statutes is renumbered 943.13 (1e) (ar).

SB90, s. 77 Section 77. 943.13 (1e) (aL) of the statutes is created to read:

SB90,51,19 943.13 (1e) (aL) "Carry" has the meaning given in s. 175.60 (1) (ag).

SB90, s. 78 Section 78. 943.13 (1e) (bm) of the statutes is created to read:

SB90,51,22 943.13 (1e) (bm) "Licensee" means a licensee, as defined in s. 176.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

SB90, s. 79 Section 79. 943.13 (1e) (cm) of the statutes is created to read:

SB90,51,25 943.13 (1e) (cm) "Nonresidential building" includes any privately or publicly owned building on the grounds of a university or college.

SB90, s. 80 Section 80. 943.13 (1e) (g) of the statutes is created to read:

SB90,52,3 943.13 (1e) (g) "Out-of-state licensee" has the meaning given in s. 175.60 (1) (g).

SB90, s. 81 Section 81. 943.13 (1m) (b) of the statutes is amended to read:

SB90,52,9 943.13 (1m) (b) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises. This paragraph does not apply to a licensee or out-of-state licensee if the owner's or occupant's intent is to prevent the licensee or out-of-state licensee from carrying a firearm on the owner's or occupant's land.

SB90, s. 82 Section 82. 943.13 (1m) (c) of the statutes is created to read:

SB90,52,20 943.13 (1m) (c) 1. While carrying a firearm, enters or remains at a residence that the actor does not own or occupy after the owner of the residence, if he or she has not leased it to another person, or the occupant of the residence has notified the actor not to enter or remain at the residence while carrying a firearm or with that type of firearm. In this subdivision, "residence," with respect to a single-family residence, includes the residence building and the parcel of land upon which the residence building is located, and "residence," with respect to a residence that is not a single-family residence, does not include any common area of the building in which the residence is located or any common areas of the rest of the parcel of land upon which the residence building is located.

SB90,53,3 2. While carrying a firearm, enters or remains in any part of a nonresidential building that the actor does not own or occupy after the owner of the building, if that part of the building has not been leased to another person, or the occupant of that part of the building has notified the actor not to enter or remain in that part of the building while carrying a firearm or with that type of firearm. This subdivision does not apply to a part of a building occupied by the state or by a local governmental unit or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of a building used as a parking facility.

SB90, s. 83 Section 83. 943.13 (1n) of the statutes is created to read:

SB90,53,13 943.13 (1n) A person is guilty of a Class C misdemeanor if he or she, while carrying a firearm, enters or remains in any part of a building that is owned, occupied, or controlled by the state or any local governmental unit, excluding any building or portion of a building under s. 175.60 (16) (am) 1., if the state or local governmental unit has notified the actor not to enter or remain in the building while carrying a firearm or with that type of firearm. This subsection does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.

SB90, s. 84 Section 84. 943.13 (2) of the statutes is renumbered 943.13 (2) (am), and 943.13 (2) (am) (intro.) and 1., as renumbered, are amended to read:

SB90,53,19 943.13 (2) (am) (intro.) A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this subsection paragraph under either of the following procedures:

SB90,54,3 1. If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must carry provide an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this paragraph subdivision were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this paragraph subdivision.

SB90, s. 85 Section 85. 943.13 (2) (bm) of the statutes is created to read:

SB90,54,7 943.13 (2) (bm) 1. In this paragraph, "sign" means a sign that states a restriction imposed under subd. 2. that is at least 8.5 inches by 11 inches and colored orange as described in s. 29.301 (2).

SB90,54,14 2. For the purposes of subs. (1m) (c) 2. and (1n), an owner or occupant of a part of a nonresidential building or the state or a local governmental unit has notified an individual not to enter or remain in that part of the building while carrying a firearm or with a particular type of firearm if the owner, occupant, state, or local governmental unit has posted a sign that is located in a prominent place near all of the entrances to the part of the building to which the restriction applies and any individual entering the building can be reasonably expected to see the sign.

SB90, s. 86 Section 86. 943.13 (3) of the statutes is amended to read:

SB90,54,19 943.13 (3) Whoever erects on the land of another signs which are the same as or similar to those described in sub. (2) (am) without obtaining the express consent of the lawful occupant of or holder of legal title to such land is subject to a Class C forfeiture.

SB90, s. 87 Section 87. 946.71 of the statutes is created to read:

SB90,54,22 946.71 Unlawful use of license for carrying concealed weapons. (1) In this section, "license" means a license issued under s. 175.60 (2) or (9r).

SB90,54,23 (2) Whoever does any of the following is guilty of a Class A misdemeanor:

SB90,54,25 (a) Intentionally represents as valid any revoked, suspended, fictitious, or fraudulently altered license.

SB90,55,2 (b) If the actor holds a license, intentionally sells or lends the license to any other individual or knowingly permits another individual to use the license.