This scope statement was approved by the governor on August 4, 2011.
This proposed emergency rule will create a new chapter to be designated Wis. Admin. Code Ch. Jus 17
The recognition by Wisconsin of concealed carry licenses issued by other states.
Description of the objective of the rule:
The State of Wisconsin Department of Justice (“DOJ") proposes to promulgate an emergency administrative rule relating to the recognition by Wisconsin of concealed carry licenses issued by other states. Under s. 165.25 (12)
, Stats., as created by s. 22
of 2011 Wis. Act 35
, DOJ is required to promulgate by rule a list of states that issue a permit, license, approval, or other authorization to carry a concealed weapon if the permit, license, approval, or other authorization requires, or designates that the holder chose to submit to, a background search that is comparable to the type of background check that DOJ is required to conduct under s. 175.60 (1) (ac)
, Stats. Furthermore, section 100 (1)
of 2011 Wis. Act 35
requires DOJ to use the emergency rulemaking procedures of s. 227.24
, Stats., to promulgate an emergency rule meeting that requirement that would be in effect for the period of time before the effective date of any permanent rule subsequently promulgated to satisfy the same requirement. The proposed emergency rule will have an effective date of November 1, 2011, which is also the effective date of the statutory provisions in 2011 Wis. Act 35
that will allow out-of-state licensees to carry concealed weapons in Wisconsin.
The proposed emergency rule would provide the required list of states and would make it clear that a permit, license, approval, or other authorization issued by any of those listed states is an “out-of-state license" as defined in s. 175.60 (1) (f)
, Stats. A comparable permanent rule will be subsequently submitted as part of a larger package of permanent rules to be promulgated by DOJ pursuant to the rulemaking requirements of 2011 Wis. Act 35
DOJ's administrative rules are located at Wis. Admin. Code chs. Jus 8
, and 16
. The proposed emergency rule will be placed in a new chapter, to be designated Wis. Admin. Code ch. Jus 17
, and to be titled “Licenses to carry a concealed weapon." The proposed new chapter will eventually contain all of the administrative rules that DOJ will be required to promulgate pursuant to 2011 Wis. Act 35
. Pending the promulgation of those rules, Wis. Admin. Code ch. Jus 17
will contain only the emergency rule proposed in this scope statement.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives; the history, background and justification for the proposed rule
In 2011 Wisconsin Act 35
, the state of Wisconsin established a new system under which DOJ will issue licenses authorizing eligible Wisconsin residents to carry concealed weapons in Wisconsin. Under this legislation, DOJ is required, for each license applicant, to “conduct a criminal history record search and . . . search its records and conduct a search in the national instant criminal background check system" to determine whether the applicant is prohibited from possessing a firearm under federal law or Wisconsin state law.
The new Wisconsin legislation allows the carrying of concealed weapons not only by Wisconsin residents who obtain the new concealed carry license from DOJ, but also by residents of other states who meet certain statutory requirements, including the possession of a concealed carry license, permit, or other authorization issued by another state, but only if the individual has been subjected to a criminal background check comparable to the type of check described above.
To facilitate Wisconsin's recognition of out-of-state licensees, 2011 Wis. Act 35
requires DOJ to establish a list of all other states that fall into either of two categories:
(1) states in which a background check comparable to Wisconsin's is legally required in order to obtain authorization to carry a concealed weapon; and
(2) states which do not legally require such a background check, but which issue concealed carry permits that designate whether the holder of the permit has voluntarily chosen to submit to a background check that is comparable to Wisconsin's.
The proposed emergency rule is necessary to provide that list of states and to comply with the above statutory requirement. The existence of this emergency rule will enable law enforcement officers and others to determine whether a particular concealed carry permit, license, approval, or other authorization issued by another state is entitled to recognition as an “out-of-state license" as defined in s. 175.60 (1) (f)
, Stats. The alternative of not promulgating this emergency rule would violate the specific requirements of s. 165.25 (12)
, Stats., and section 100 (1)
of 2011 Wis. Act 35
Statutory authority for the rule (including the statutory citation and language)
Section 165.25 (12)
, Stats., expressly authorizes and requires DOJ to promulgate the proposed rule:
Promulgate by rule a list of states that issue a permit, license, approval, or other authorization to carry a concealed weapon if the permit, license, approval, or other authorization requires, or designates that the holder chose to submit to, a background search that is comparable to a background check as defined in s. 175.60 (1) (ac)
Using the procedure under section 227.24
of the statutes, the department of justice shall promulgate rules required under section 165.25 (12)
of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under those sections, but not to exceed the period authorized under section 227.24 (1) (c)
of the statutes. Notwithstanding section 227.24 (1) (a)
, (2) (b)
, and (3)
of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection.
Estimate of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule
It is estimated that state employees will spend approximately 80 hours on the rulemaking process for the proposed emergency rule, including research, drafting, and compliance with required rulemaking procedures.
Description of all entities that may be impacted by the rule
The proposed emergency rule will make it possible to determine whether a particular concealed carry permit, license, approval, or other authorization issued by another state is entitled to recognition in Wisconsin. The rule thus will affect the interests of all out-of-state concealed carry licensees. The rule will also affect the interests of law enforcement officials and others who may need to determine whether an out-of-state license is entitled to recognition in Wisconsin.
Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule
The regulation of the carrying of concealed weapons, including the recognition by one state of a concealed carry license issued by a different state, is primarily governed at the state level. Numerous federal statutes and regulations restrict the possession of weapons that have been shipped in interstate commerce, but there are no federal regulations that relate to reciprocal recognition of concealed carry licenses between states.
Assistant Attorney General Clayton P. Kawski, (608) 266-7477.
Fish, Game, etc., Chs. NR 1
This statement of scope was approved by the governor on August 15, 2011.
Scope statement relating to sport trolling on the Great Lakes revising Chapter NR 19
Subject/Objective of the proposed rules
This rulemaking pertains to sport trolling with down riggers in Wisconsin waters of the Great Lakes. It attempts to address safety concerns regarding trap nets.
Description of policy issues/analysis of policy alternatives
The proposed rule making would require sport trollers on the Great Lakes to carry wire cutters for emergency release from entanglement with trap nets. This rule making is pursuant to recommendations of the Natural Resources Board.
Estimate of time needed to develop the rules
Summary and preliminary comparison with existing or proposed regulations
Trap nets are fixed structures on the lake bottom that can pose a risk to sport trollers whose lures and downriggers can become entangled in the trap net ropes. This has been the subject of controversy and rule making over the past three decades. Current Department policy reflects Legislative intent to accommodate both sport and commercial fishing in the Great Lakes. In April 2011 the Natural Resources Board (NRB) approved permanent rule changes related to the marking and placement of trap nets. The NRB also implemented these rules on an emergency basis so they would be in effect for the 2011 fishing season. As part of the emergency rule, there was also a requirement that sport anglers carry wire cutters sufficient to cut themselves free should a downrigger cable become snagged in a trap net or other obstruction. That requirement was not included in the permanent rules because it was outside of the scope of the original public hearings. This proposal is intended to address that deficiency.
Description of all entities affected by the rules
The rules would directly affect sport anglers who engage in trolling with downriggers on the Great Lakes.
Level 3 – Little to no economic impact expected. There would be no implementation costs for the Department. Compliance costs would be minimal for individual sport anglers who need to purchase wire cutters. A quick online search for the cost of wire cutters showed prices ranging from $3 to $56.
Name, address, phone, and e-mail of agency contact
Wisconsin Department of Natural Resources
101 South Webster St.
Madison, WI 53707-7921
Safety and Professional Services
Licenses, Certifications and Registrations, Ch. Comm 5
The attached statement of scope for this rule relating to modifications to Comm 5 was approved by the Governor on August 5, 2011, as required by s. 227.135 (2)