(j) “Weapon" means a handgun
an electric weapon, as defined in 24
s. 941.295 (1c) (a), or a billy club 939.22 (11m)
175.60 (2) (c) and (d) of the statutes are amended to read:
(c) Unless expressly provided in this section, this section does not 2
limit an individual's right to carry a firearm, whether
that firearm is concealed or
not concealed or whether or not the individual is a licensee or an out-of-state
(d) For To the extent permitted under federal law, for
purposes of 18 USC 922 6
(q) (2) (B) (ii), an out-of-state licensee is licensed by this state.
175.60 (2) (e) of the statutes is created to read:
(e) If the federal government creates standards that would allow a 9
license to be recognized by other states and the license issued under this section does 10
not comply with the federal standards, the department shall create an enhanced 11
license that complies with the federal standards. A licensee may request the 12
department to replace his or her license with the enhanced license by submitting 13
proof of meeting the federal standards and a $12 replacement fee.
175.60 (2g) of the statutes is repealed.
175.60 (2m) (a) of the statutes is amended to read:
(a) Subject to pars. (am),
(c), and (d), the department 17
shall design a single license document for licenses issued and renewed under this 18
section. The department shall complete the design of the license document no later
19than September 1, 2011.
175.60 (2m) (am) of the statutes is created to read:
(am) The license document issued under this section shall contain 22
a notation indicating the license is basic for an applicant who applies without 23
providing proof of training as described under sub. (4) (a).
175.60 (2m) (bm) of the statutes is repealed.
175.60 (3) (f) of the statutes is repealed.
175.60 (3) (g) of the statutes is repealed.
175.60 (4) (a) (intro.) and (5) (a) (intro.) and 1. of the statutes are 3
amended to read:
(a) (intro.) The proof of training requirement under sub. (7) (e) for
5a license that is not a basic license
may be met by any of the following:
(a) (intro.) The department shall design an application form for use by 7
individuals who apply for a license under this section and a renewal form for use by 8
individuals applying for renewal of a license under sub. (15).
The department shall
9complete the design of the application form no later than September 1, 2011, and
10shall complete the design of the renewal form no later than July 1, 2014.
The forms 11
shall require the applicant to provide only his or her name, address, date of birth, 12
state identification card number, race, sex, height, and eye color and shall include all 13
of the following:
1. A statement that the applicant is ineligible for a license if sub. (3) (a), (b), (c), 15
(e), (f), or (g)
applies to the applicant.
175.60 (5) (a) 1m. of the statutes is created to read:
(a) 1m. A statement that the applicant is eligible only for a basic 18
license if the applicant does not provide proof of training as described under sub. (4) 19
175.60 (5) (a) 6. of the statutes is amended to read:
(a) 6. A statement of the places under sub. (16) where a licensee is
22prohibited from carrying a weapon, as well as an An
explanation of the provisions 23
under sub. (15m) and ss. s.
943.13 (1m) (c) and 948.605 (2) (b) 1r
that could limit 24
the places where the licensee may carry a weapon, with a place for the applicant to
sign his or her name to indicate that he or she has read and understands the 2
175.60 (7) (e) and (9) (b) 2. of the statutes are amended to read:
(e) Proof Unless the individual is applying for a basic license, proof 5
of training as described under sub. (4) (a).
(b) 2. Deny the application, but only if sub. (3) (a), (b), (c), (d), or
(e), (f), or
applies to the applicant. If the department denies the application, the department 8
shall inform the applicant in writing, stating the reason and factual basis for the 9
175.60 (11) (b) 1. of the statutes is renumbered 175.60 (11) (b) and 11
amended to read:
(b) No later than 30 days after changing his or her address, a 13
licensee shall inform the department of the new address. The department shall 14
include the individual's new address in the list under sub. (12) (a).
The penalty under
15s. 939.61 does not apply to a violation under this paragraph.
175.60 (11) (b) 2., 3. and 4. of the statutes are repealed.
175.60 (12) (b) 1. a. and b. of the statutes are renumbered 175.60 18
(12) (b) 2. a. and b.
175.60 (12) (b) 2. of the statutes is renumbered 175.60 (12) (b) 2. 20
(intro.) and amended to read:
(b) 2. (intro.) A person who is a law enforcement officer in a state 22
other than Wisconsin may request and be provided information under subd. 1. a. and
23b. only for one of the following purposes:
175.60 (12) (b) 2. c. of the statutes is created to read:
(b) 2. c. To confirm that the individual holds a license that is not 2
a basic license.
175.60 (12g) (a) 4. of the statutes is created to read:
(a) 4. If the law enforcement agency is not a Wisconsin law 5
enforcement agency, to confirm if the individual holds a license that is not a basic 6
175.60 (13) (title) of the statutes is amended to read:
(title) Lost or destroyed Replacement license.
175.60 (13) of the statutes is renumbered 175.60 (13) (a).
175.60 (13) (b) of the statutes is created to read:
(b) A licensee who possesses a basic license may exchange the basic 12
license for a replacement license that is not a basic license if the licensee submits to 13
the department a statement requesting a replacement license, proof of training as 14
described under sub. (4) (a), and a $12 replacement fee. The department shall issue 15
a replacement license to the licensee within 14 days of receiving the statement, proof, 16
175.60 (14) (a) and (am) of the statutes are amended to read:
(a) The department shall revoke a license issued under this section 19
if the department determines that sub. (3) (b), (c), or
(e), (f), or (g)
applies to the 20
licensee. Unless the license is a basic license, the department shall revoke a license
21issued under this section if the department determines that the licensee has not met
22the training requirements under sub. (4) (a).
(am) The department shall suspend a license issued under this section if a court 24
has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3) 25
(c) or 969.03 (1) (c). If the individual whose license was suspended is no longer subject
to the prohibition under s. 969.02 (3) (c) or 969.03 (1) (c), whichever is applicable, sub. 2
(3) (b), (c), (d), or
(e), (f), or (g)
does not apply to the individual, and the suspended 3
license would not have expired under sub. (15) (a) had it not been suspended, the 4
department shall restore the license within 5 business days of notification that the 5
licensee is no longer subject to the prohibition.
175.60 (15m) of the statutes is renumbered 103.08 and amended 7
8103.08 Employer restrictions
on carrying a weapon. (1)
Except as 9
provided in par. (b) sub. (2)
, an employer may prohibit a licensee or an out-of-state
10licensee that it employs an employee
from carrying a concealed
weapon or a 11
particular type of concealed
weapon in the course of the licensee's or out-of-state
employment or during any part of the licensee's or out-of-state
course of employment.
An employer may not prohibit a licensee or an out-of-state licensee an
, as a condition of employment, from carrying a concealed
weapon, a 16
particular type of concealed
weapon, or ammunition or from storing a weapon, a 17
particular type of weapon, or ammunition in the licensee's or out-of-state licensee's 18employee's
own motor vehicle, regardless of whether the motor vehicle is used in the 19
course of employment or whether the motor vehicle is driven or parked on property 20
used by the employer.
175.60 (16) of the statutes is repealed.
175.60 (17) (a), (ac) and (b) of the statutes are repealed.
175.60 (21) (c) of the statutes is renumbered 103.08 (3) and 24
amended to read:
An employer that does not prohibit one or more employees from 2
carrying a concealed weapon under sub. (15m)
is immune from any liability 3
arising from its decision.
345.11 (1s) of the statutes is amended to read:
The uniform traffic citation shall be used by a traffic officer 6
employed under s. 110.07 for a violation of s. 167.31 (2) (b),
(c) or (d) when committed 7
on a highway.
345.20 (2) (f) of the statutes is amended to read:
(f) Sections 23.50 to 23.85 apply to actions in circuit court to recover 10
forfeitures and weapons surcharges imposed under ch. 814 for violations of s. 167.31 11
or (d). No points may be assessed against the driving record of a person 12
convicted of a violation of s. 167.31 (2) (b),
or (d). The report of conviction shall 13
be forwarded to the department.
440.26 (3m) of the statutes is repealed.
895.527 (5) (a) of the statutes is amended to read:
(a) Section 167.30 (1), or
941.20 (1) (d) or 948.605
or any rule 17
promulgated under those sections regulating or prohibiting the discharge of 18
938.34 (14q) of the statutes is amended to read:
938.34 (14q) Certain bomb scares and firearm violations.
In addition to any 21
other disposition imposed under this section, if the juvenile is found to have violated 22
s. 947.015 and the property involved is owned or leased by the state or any political 23
subdivision of the state, or if the property involved is a school premises, as defined 24
in s. 948.61 (1) (c), or if the juvenile is found to have violated s. 941.235 or 948.605, 25
immediately suspend the juvenile's operating privilege, as defined in s. 340.01 (40),
for 2 years. The court shall immediately forward to the department of transportation 2
the notice of suspension, stating that the suspension is for a violation of s. 947.015 3
involving school premises, or for a violation of s. 941.235 or 948.605
. If otherwise 4
eligible, the juvenile is eligible for an occupational license under s. 343.10.
938.78 (3) of the statutes is amended to read:
938.78 (3) Release of information when escape or absence; rules.
If a juvenile 7
adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need 8
of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., 9
or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., 10
or s. 941.10, 941.11, 941.20, 941.21, 941.23,
941.237, 941.26, 11
941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 12
943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 13
948.085 (2), 948.60, 948.605,
or 948.61 or any crime specified in ch. 940 has escaped 14
from a juvenile correctional facility, residential care center for children and youth, 15
inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile 16
portion of a county jail, or from the custody of a peace officer or a guard of such a 17
facility, center, or jail, or has been allowed to leave a juvenile correctional facility, 18
residential care center for children and youth, inpatient facility, juvenile detention 19
facility, or juvenile portion of a county jail for a specified time period and is absent 20
from the facility, center, home, or jail for more than 12 hours after the expiration of 21
the specified period, the department of corrections or county department, whichever 22
has supervision over the juvenile, may release the juvenile's name and any 23
information about the juvenile that is necessary for the protection of the public or to 24
secure the juvenile's return to the facility, center, home, or jail. The department of
corrections shall promulgate rules establishing guidelines for the release of the 2
juvenile's name or information about the juvenile to the public.
939.22 (10) of the statutes is amended to read:
“Dangerous weapon" means any firearm, whether loaded or 5
unloaded; any device designed as a weapon and capable of producing death or great 6
bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or 7
mouth of another person to impede, partially or completely, breathing or circulation 8
of blood; any electric weapon, as defined in s. 941.295 (1c) (a)
; or any other device or 9
instrumentality which, in the manner it is used or intended to be used, is calculated 10
or likely to produce death or great bodily harm.
939.22 (11m) of the statutes is created to read:
“Electric weapon” means any device that is designed, redesigned, 13
used, or intended to be used, offensively or defensively, to immobilize or incapacitate 14
persons by the use of electric current.
939.22 (13) of the statutes is created to read:
“Firearm" has the meaning given in s. 167.31 (1) (c).
939.22 (20s) of the statutes is repealed.
939.32 (1) (e) of the statutes is repealed.
939.632 (1) (e) 3. of the statutes is amended to read:
(e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 21
(2), 940.42, 940.44, 941.20 (1), 941.23,
or 941.38 (3).
941.23 of the statutes is repealed.
941.235 of the statutes is repealed.
941.237 (1) (intro.) and (e) of the statutes are consolidated, 25
renumbered 941.237 (1) and amended to read:
In this section: (e) “Premises", “premises”
has the meaning given 2
in s. 125.02 (14m), but excludes any area primarily used as a residence.
941.237 (1) (a) to (dr) and (em) to (g) of the statutes are repealed.
941.237 (2) of the statutes is amended to read:
Whoever intentionally goes armed with a handgun on any premises 6
for which a Class “B" or “Class B" license or permit has been issued under ch. 125,
7while consuming alcohol on the premises,
is guilty of a Class A misdemeanor.
941.237 (3) of the statutes is repealed.
941.295 of the statutes is repealed and recreated to read:
10941.295 Possession of electric weapon.
A person prohibited from 11
possessing a firearm under s. 941.29 who sells, transports, manufactures, possesses, 12
or goes armed with any electric weapon is guilty of a Class H felony.
941.299 (1) (a) of the statutes is amended to read:
(a) “Correctional officer"
has the meaning given in s. 941.237 (1)
15(b) means any person employed by the state or any political subdivision as a guard
16or officer whose principal duties are the supervision and discipline of inmates
943.13 (1e) (g) of the statutes is created to read:
(g) “School” has the meaning given in s. 948.61 (1) (b).
943.13 (1m) (c) 2. and 4. of the statutes are amended to read:
(c) 2. While carrying a firearm, enters or remains in any part of 21
a nonresidential building, grounds of a nonresidential building, or land that the actor 22
does not own or occupy after the owner of the building, grounds, or land, if that part 23
of the building, grounds, or land has not been leased to another person, or the 24
occupant of that part of the building, grounds, or land has notified the actor not to 25
enter or remain in that part of the building, grounds, or land while carrying a firearm
or with that type of firearm. This subdivision does not apply to a part of a building, 2
grounds, or land occupied by a school or
by the state or by a local governmental unit,; 3
to a privately or publicly owned building on the grounds of a university or college,; 4
or to the grounds of or land owned or occupied by a university or college,;
or, if the 5
firearm is in a vehicle driven or parked in the parking facility, to any part of a 6
building, grounds, or land used as a parking facility.
4. While carrying a firearm, enters or remains in any part of a building that is 8
owned, occupied, or controlled by the state or any local governmental unit, excluding 9any building or portion of a building under s. 175.60 (16) (a) a school
, if the state or 10
local governmental unit has notified the actor not to enter or remain in the building 11
while carrying a firearm or with that type of firearm. This subdivision does not apply 12
to a person who leases residential or business premises in the building or, if the 13
firearm is in a vehicle driven or parked in the parking facility, to any part of the 14
building used as a parking facility.
943.13 (1n) of the statutes is created to read: