LRB-2027/2
CMH&RNK:kjf/cjs/wlj:rs
2011 - 2012 LEGISLATURE
May 10, 2011 - Introduced by Senators Galloway, Grothman, Harsdorf, Holperin,
Kapanke, Lazich, Leibham, Moulton and Zipperer, cosponsored by
Representatives Mursau, Williams, Bies, Kleefisch, Ballweg, Bernier,
Brooks, Endsley, Honadel, Jacque, Kerkman, Kestell, Knilans, T. Larson,
LeMahieu, Murtha, Nass, Nerison, Nygren, A. Ott, Petersen, Petryk, Rivard,
Severson, Spanbauer, Steineke, Strachota, Tauchen and Van Roy. Referred
to Committee on Judiciary, Utilities, Commerce, and Government
Operations.
SB90,2,13
1An Act to repeal 941.237 (4), 948.605 (1) (a) and (am) and 948.605 (2) (b) 1. to
25. and 7.;
to renumber 167.30, 941.295 (1), 943.13 (1e) (a) and 947.01;
to
3renumber and amend 23.33 (3) (e), 29.089 (2), 29.091, 29.314 (4) (b) 1., 29.621
4(4), 440.26 (3m), 941.23, 941.235 (2), 941.295 (2) (d), 941.295 (4), 943.13 (2),
5948.605 (2) (b) 6. and 948.605 (2) (b) 8.;
to amend 48.685 (2) (bb), 50.065 (2) (bb),
659.54 (6), 66.0409 (3) (b), 165.60, 165.81 (2), 165.82 (1) (intro.), 165.82 (2),
7167.31 (1) (b), 813.12 (6) (am) 1., 813.122 (9) (am) 1., 813.125 (5r) (a), 895.527
8(5) (a), 938.396 (2g) (n), 939.22 (10), 941.295 (2) (intro.), 943.13 (1m) (b), 943.13
9(3), 947.011 (2) (a) 1., 947.011 (2) (c) 1., 947.011 (2) (d), 948.60 (1), 948.605 (2)
10(b) (intro.), 968.255 (1) (a) 2., 971.37 (1m) (a) 2. and 973.055 (1) (a) 1.;
to repeal
11and recreate 29.314 (3) (b) 1.; and
to create 20.455 (2) (gs), 20.455 (2) (gu),
1223.33 (3) (e) 1., 23.33 (3) (e) 2., 23.33 (3) (e) 3., 23.33 (3) (e) 4., 29.089 (2) (a),
1329.089 (2) (b), 29.089 (2) (c), 29.089 (2) (d), 29.091 (2), 29.314 (4) (b) 1g., 29.621
14(4) (a), 29.621 (4) (b), 29.621 (4) (c), 29.621 (4) (d), 29.621 (6), 66.0409 (6), 165.25
1(12), 167.30 (2), 167.31 (4) (ar), 167.31 (4) (at), 175.48, 175.49, 175.60, 440.26
2(3m) (a), 440.26 (3m) (b), 440.26 (3m) (c), 440.26 (3m) (d), 941.23 (1), 941.23 (2)
3(b), 941.23 (2) (c), 941.23 (2) (d), 941.23 (2) (e), 941.23 (3), 941.235 (2) (c), 941.235
4(2) (d), 941.235 (2) (e), 941.237 (3) (cr), 941.237 (3) (ct), 941.237 (3) (cx), 941.295
5(1c) (b) and (c), 941.295 (2) (d) 2., 941.295 (2g), 941.295 (2r), 943.13 (1e) (aL),
6943.13 (1e) (bm), 943.13 (1e) (cm), 943.13 (1e) (g), 943.13 (1m) (c), 943.13 (1n),
7943.13 (2) (bm), 946.71, 947.01 (2) and 948.605 (2) (b) 1m. and 1r. of the statutes;
8relating to: carrying a concealed weapon; licenses authorizing persons to carry
9concealed weapons; possessing or transporting a firearm, bow, or crossbow
10under certain circumstances; disorderly conduct limitations; photographic
11identification cards for former law enforcement officers; providing an
12exemption from emergency rule procedures; requiring the exercise of
13rule-making authority; making appropriations; and providing penalties.
Analysis by the Legislative Reference Bureau
This bill creates a licensing system under which an individual is permitted to
carry a concealed weapon. The bill also makes changes in Wisconsin law to account
for a federal law that requires the state to permit an individual who works as or who
formerly worked as a federal, state, tribal, or local law enforcement officer in
Wisconsin or in any other state to carry a concealed firearm. This bill also makes
changes to laws regulating firearms and other weapons.
Current law regarding the possession of weapons
Wisconsin law
In general, under current Wisconsin law, no person may go armed with a
concealed and dangerous weapon. The "going armed with" language includes cases
in which a person is carrying a concealed weapon but has not gone and is not going
anywhere with it and cases in which a weapon is readily accessible to a person in a
car. A person who violates the prohibition may be fined not more than $10,000 or
imprisoned for not more than nine months or both. This prohibition has many
exceptions. First, Wisconsin law provides an exception for law enforcement officers.
Second, under State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, this prohibition is
unconstitutional if applied to a person carrying a concealed weapon at his or her own
business when: 1) the person's interest in carrying a concealed weapon substantially
outweighs the state's interest in enforcing the concealed weapons law; 2) the person
has no other reasonable means to keep and handle the weapon; and 3) the person is
not motivated by an unlawful purpose in concealing it. In Hamdan, the court also
indicated that the constitutional right to keep and bear arms for security allows a
person to carry a concealed weapon under certain circumstances in his or her own
home.
Current Wisconsin law also prohibits, with certain exceptions, going armed
with or possessing a firearm in a public building, tavern, state park, or wildlife refuge
or within 1,000 feet of the grounds of a school. In addition, current Wisconsin law
prohibits, with certain exceptions, carrying a firearm, bow, or crossbow in most
vehicles unless the firearm is unloaded and encased or the bow or crossbow is
unstrung and encased. A person who violates one of these prohibitions is subject to
civil or criminal penalties.
Federal law
Under federal law, qualified current law enforcement officers and qualified
former law enforcement officers may carry concealed firearms that have been
shipped or transported in interstate or foreign commerce, regardless of any state
prohibition.
Federal law specifies the criteria that a person must meet to be a qualified
current law enforcement officer or a qualified former law enforcement officer. To be
the first, a person must: 1) be employed by a government agency; 2) be a law
enforcement officer; 3) be authorized by the agency to carry a firearm; 4) not be the
subject of any disciplinary action by the agency that could result in the loss or
suspension of law enforcement authority; 5) not be under the influence of alcohol or
other drugs; 6) not be prohibited under federal law from possessing a firearm; and
7) meet all standards, if any, established by the agency to qualify the person on a
regular basis to use a firearm. For a person to be a qualified former law enforcement
officer, all of the following must apply: 1) the person separated from service with a
government agency as a law enforcement officer in good standing; 2) before
separating from service, the person served as a law enforcement officer for an
aggregate of 10 years or more or separated due to a service-connected disability after
completing any applicable probationary period; 3) the person has not been found by
a medical professional to be unqualified to be a law enforcement officer for reasons
related to his or her mental health and has not acknowledged in an agreement with
the law enforcement agency that formerly employed him or her that he or she is not
qualified to be a law enforcement officer for reasons related to his or her mental
health; 4) the person is not under the influence of alcohol or other drugs; 5) the person
is not prohibited under federal law from possessing a firearm; and 6) during the most
recent 12-month period, the person has met his or her home state's standards for
qualification for active duty law enforcement officers to carry a firearm.
Under federal law, if a person is a qualified law enforcement officer, the
prohibition contained in Wisconsin law regarding going armed with a concealed and
dangerous weapon does not apply to his or her going armed with a concealed firearm
if the person carries a photographic identification issued by the agency for which he
or she works. If the person is a qualified former law enforcement officer, the
prohibition does not apply to his or her going armed with a concealed firearm if the
person carries either: 1) a photographic identification issued by the law enforcement
agency from which the person separated from service as a law enforcement officer
that indicates that, within the preceding 12 months, the person has met the
standards set by the agency for qualification for active duty law enforcement officers
to carry the type of firearm that the qualified former law enforcement officer is
carrying concealed; or 2) both of the following: a) a photographic identification issued
by the agency from which the person separated from service as a law enforcement
officer; and b) a certification issued by the state in which the person resides or by a
certified firearms instructor that is qualified to test active duty officers in that state
that indicates that, within the preceding 12 months, the person has been found to
meet either state standards or standards set by a law enforcement agency in the state
for qualification for active duty law enforcement officers to carry the type of firearm
that the qualified former law enforcement officer is carrying concealed.
Federal law also specifies that a state may: 1) permit private persons or entities
to bar the possession of concealed firearms on their own property; and 2) prohibit or
restrict the possession of firearms on any state or local government property,
installation, base, building, or park.
How the bill changes Wisconsin's concealed weapons law
Carrying a concealed weapon in your own home or business
This bill permits a person to go armed with a concealed and dangerous weapon
in his or her own home or place of business or on land that he or she owns, leases,
or legally occupies.
Licenses to carry a concealed weapon
This bill creates a procedure by which a person may apply to the Department
of Justice (DOJ) for a license to carry a concealed weapon. Specifically, the license
authorizes a person to carry a concealed weapon (a handgun, an electric weapon, a
knife other than a switchblade, or a billy club) anywhere in this state except in
particular places. Accordingly, the bill amends other prohibitions previously
discussed that relate to the use and possession of firearms to specify that they
generally do not apply to licensees.
A person licensed under the bill is generally prohibited from carrying a
concealed weapon or a weapon that is not concealed in a police station, sheriff's office,
or state patrol station; in a prison or jail; in a courthouse; beyond the security
checkpoint at an airport; and on the grounds of a school. A business owner or person
in his or her own home may prohibit a licensee from carrying a concealed weapon into
the business or home, an employer generally may prohibit an employee from
carrying a concealed weapon in the course of the employee's employment, and the
state or a local governmental unit may prohibit a licensee from carrying a firearm
into a building that is owned, occupied, or controlled by the state or the local
governmental unit.
Licensing requirements and procedure
Under the bill, DOJ must issue or renew a license to carry a concealed weapon
to an applicant who is a resident of Wisconsin unless the applicant is less than 21
years old or is prohibited from possessing a firearm under federal or state law. DOJ
must conduct a background check of an applicant for a license or for a license renewal
to determine if he or she is ineligible for a license.
Furthermore, the bill does all of the following:
1. Provides that, with certain exceptions, a license to carry a concealed weapon
is valid for five years.
2. Requires each circuit court to notify DOJ of any court proceeding that would
result in a suspension or revocation of a license if the subject of the proceeding had
a license. DOJ must determine if the subject of such proceeding has a license and,
if the subject does, DOJ must revoke the license if the subject is no longer eligible to
have a license or suspend the license if the subject, after being charged with a
misdemeanor, is ordered by the court not to possess a firearm.
3. Allows an individual who requires a license immediately to petition a court
for such a license. A court may grant a license, which is valid for 30 days, if the court
determines that immediate licensure is warranted to protect the individual from
death or great bodily harm.
4. Provides an appeals process for a person whose application for a license is
denied or whose license is suspended or revoked.
5. Requires DOJ to keep a list of licensees but specifies that DOJ may provide
information from that list regarding a specific licensee only to law enforcement
agencies and only in certain circumstances.
6. Requires a person who applies for a license to pay a $13 background check
fee and an application fee of up to $52 to cover DOJ's costs in issuing the license. A
person who applies to renew his or her license must pay the same background check
fee and a renewal fee of up to $27 to cover DOJ's costs in renewing the license.
7. Grants immunity from liability for acts done under the bill to DOJ, the
Department of Transportation, and the employees of both departments; various
court employees; businesses, nonprofit organizations, or individuals that do not
prohibit persons from carrying concealed weapons on their property; and employers
that do not prohibit employees from carrying concealed weapons during the course
of employment.
8. Treats a permit, license, approval, or other authorization issued by another
state in the same manner as a license issued under this bill if the individual who
possesses the authorization submitted to a background check to determine if the
individual is prohibited from possessing a firearm.
Penalties for certain offenses related to weapons
The bill establishes penalties for offenses that relate to concealed weapons or
that are committed by licensees. First, a licensee or out-of-state licensee who fails
to carry his or her license document or photographic identification, or to display
either upon the request of a law enforcement officer, while the person is carrying a
concealed weapon, may be required to forfeit $25. Second, a licensee who, for a
second or subsequent time, or an individual whose license is suspended or revoked
who fails to notify DOJ of a change in address within 30 days of the change may be
required to forfeit $50. Third, a licensee who carries a concealed weapon in a place
where the bill prohibits him or her from doing so may be fined not more than $500
or imprisoned for not more than 30 days or both. Fourth, a person who intentionally
fails to relinquish a license document to DOJ after the license has been revoked must
be fined not more than $500 and may be imprisoned for not more than 30 days, or
both. Fifth, a person who intentionally makes a false statement in an application for
a license may be charged with false swearing, a Class H felony.
The bill also prohibits an individual from intentionally representing that an
invalid license to carry a concealed weapon is valid; from selling, lending, or allowing
another individual to use his or her license; from representing that a license belongs
to the individual if it has not been issued to him or her; from permitting unlawful use
of his or her license; from reproducing a license for unlawful purposes; or from
altering a license. A person who violates one of these prohibitions is guilty of a
misdemeanor and may be fined not more than $10,000 or imprisoned for not more
than nine months, or both.
Active duty and former law enforcement officers
This bill codifies the provisions of federal law that make the state concealed
weapons prohibition inapplicable to active duty and former law enforcement officers
under the circumstances specified in federal law as described above. To implement
federal law, the bill also makes certain other state law prohibitions regarding the
carrying of firearms inapplicable to an active duty or former law enforcement officer
if he or she is carrying a concealed firearm under those same circumstances.
This bill also requires state and local law enforcement agencies to issue and
renew certification cards to qualified former law enforcement officers who separated
from service with those agencies and requires DOJ to issue and renew certification
cards to qualified former federal law enforcement officers who reside in Wisconsin.
The qualifications mirror those listed in federal law, including: the former officer
was in good standing when he or she separated from service; the former officer served
for a period of ten years, unless he or she separated earlier due to service-connected
disability after completing any probationary period; the former officer has met
certain standards for qualification for active duty law enforcement officers to carry
certain types of firearms; and the former officer was not disqualified from law
enforcement for reasons related to his or her mental health. The cards enable the
former officers to carry concealed firearms in the manner provided under federal law.
The law enforcement agencies or DOJ, whichever is issuing the certification card to
the former officer, must include personal information about the former officer,
including a photograph; must include a statement that the former officer has met
certain standards for qualification for active duty law enforcement officers to carry
the types of firearms that are listed on the certification card; and must provide an
expiration date of 12 months after the certification card is issued or renewed.
If a former officer is carrying his or her valid certification card, he or she is
exempt from the prohibitions against carrying a concealed weapon only if the
following apply: 1) the former officer is not carrying a firearm that is not designated
on the card or identification, if the card or identification includes such a designation,
and the firearm is not a machine gun or a destructive device and he or she is not
carrying a firearm silencer; 2) the former officer is not under the influence of an
intoxicant; and 3) federal law does not prohibit the former officer from possessing a
firearm.
Other laws regarding weapons
This bill specifies that an individual does not violate the prohibition against
disorderly conduct, or does not violate any local ordinance prohibiting disorderly
conduct, by loading, carrying, or going armed with a firearm without regard to
whether the firearm is loaded or whether the firearm is concealed or openly carried.
Current law imposes certain restrictions on the placement, possession, and
transportation (carrying) of a firearm in or on a vehicle. The restrictions vary
depending on the type of vehicle in which the firearm is carried. Generally, current
law prohibits a person from carrying a firearm in or on a vehicle unless the firearm
is unloaded and encased and prohibits a person from loading or discharging a firearm
in or from a vehicle. This bill specifies that these restrictions do not apply to a person
who carries a firearm in a vehicle, other than a commercial airplane, if the person
is a qualified active duty or former law enforcement officer or a licensee and if the
firearm is a a handgun.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB90, s. 1
1Section
1. 20.455 (2) (gs) of the statutes is created to read:
SB90,7,42
20.455
(2) (gs)
Background check for licenses to carry concealed weapons. All
3moneys received as fee payments under s. 175.60 (7) (c) and (d) and (15) (b) 4. a. and
4b. to provide services under s. 175.60.
SB90, s. 2
5Section
2. 20.455 (2) (gu) of the statutes is created to read:
SB90,7,86
20.455
(2) (gu)
Certification cards for carrying concealed weapons. All moneys
7received as fees under s. 175.49 (5m) to verify eligibility of, and to issue certification
8cards to, former officers seeking to carry concealed weapons.
SB90, s. 3
1Section
3. 23.33 (3) (e) of the statutes is renumbered 23.33 (3) (e) (intro.) and
2amended to read:
SB90,8,53
23.33
(3) (e) (intro.) With any firearm in his or her possession unless it is
4unloaded and enclosed in a carrying case, or any bow unless it is unstrung or enclosed
5in a carrying case.
This paragraph does not apply to any of the following:
SB90, s. 4
6Section
4. 23.33 (3) (e) 1. of the statutes is created to read:
SB90,8,87
23.33
(3) (e) 1. A person who is employed in this state by a public agency as a
8law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.
SB90, s. 5
9Section
5. 23.33 (3) (e) 2. of the statutes is created to read:
SB90,8,1110
23.33
(3) (e) 2. A qualified out-of-state law enforcement officer, as defined in
11s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB90, s. 6
12Section
6. 23.33 (3) (e) 3. of the statutes is created to read:
SB90,8,1413
23.33
(3) (e) 3. A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23
14(2) (c) 1. to 7. applies.
SB90, s. 7
15Section
7. 23.33 (3) (e) 4. of the statutes is created to read:
SB90,8,1816
23.33
(3) (e) 4. A licensee, as defined in s. 175.60 (1) (d), or an out-of-state
17licensee, as defined in s. 175.60 (1) (g), who possesses a handgun, as defined in s.
18175.60 (1) (bm).
SB90, s. 8
19Section
8. 29.089 (2) of the statutes is renumbered 29.089 (2) (intro.) and
20amended to read:
SB90,8,2421
29.089
(2) (intro.) Except as provided in sub. (3), no person may have in his or
22her possession or under his or her control a firearm on land located in state parks or
23state fish hatcheries unless the firearm is unloaded and enclosed within a carrying
24case.
This subsection does not apply to any of the following:
SB90, s. 9
25Section
9. 29.089 (2) (a) of the statutes is created to read:
SB90,9,2
129.089
(2) (a) A person who is employed in this state by a public agency as a
2law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.
SB90, s. 10
3Section
10. 29.089 (2) (b) of the statutes is created to read:
SB90,9,54
29.089
(2) (b) A qualified out-of-state law enforcement officer, as defined in s.
5941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB90, s. 11
6Section
11. 29.089 (2) (c) of the statutes is created to read:
SB90,9,87
29.089
(2) (c) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23
8(2) (c) 1. to 7. applies.
SB90, s. 12
9Section
12. 29.089 (2) (d) of the statutes is created to read:
SB90,9,1210
29.089
(2) (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state
11licensee, as defined in s. 175.60 (1) (g), if the firearm is a handgun, as defined in s.
12175.60 (1) (bm).