C. Michigan
Michigan provides by statute that any person who meets specified eligibility and training requirements and who files a proper application shall be issued a license to carry a concealed pistol. Mich. Comp. Laws § 28.425b(7). A license applicant must demonstrate knowledge and training in the safe use and handling of a pistol by successfully completing a pistol safety training program that meets statutorily prescribed requirements. Mich. Comp. Laws § 28.425b(7)(c). The training program must consist of at least eight hours of instruction, must cover specified subject areas, must include at least three hours on a firing range, must require firing at least 30 rounds of ammunition, and must be taught by an instructor certified by the state or by a national organization. Mich. Comp. Laws § 28.425j(1). The training program must provide an instructor-signed certificate indicating that the program meets the statutory requirements and was successfully completed by the license applicant and the applicant must include a copy of that certificate with the license application. Mich. Comp. Laws §§ 28.425b(1)(j) and 28.425j(1)(c). D. Illinois
Illinois provides by statute that any person who meets specified eligibility and training requirements and who files a proper application shall be issued a license to carry a concealed firearm. 430 ILCS 66/10. A license applicant must provide proof of successful completion of a firearms training course that has been approved by the Illinois Department of State Police. The training course must be at least 16 hours in length, must cover specified subject areas, and must include successful completion of a live fire exercise with a concealable firearm. 430 ILCS 66/25 and 75.
Summary of factual data and analytical methodologies: The proposed rule is predicated on legal analysis by DOJ personnel of the language and requirements of ss. 175.60, 227.10 (2m), and 227.11 (2) (a) 3., Stats. Based on that analysis, DOJ has determined that the proposed rule is necessary to comply with statutory requirements. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: The proposed rule does not impose any financial or compliance burdens that will have a significant effect on small businesses or a significant economic impact. Accordingly, DOJ has determined that the gathering and analysis of additional data regarding any such effects or impact is unnecessary.
Effect on small business: The proposed emergency rule will not have a significant effect on small business.
Agency contact person: Assistant Attorney General Thomas C. Bellavia, Wisconsin Department of Justice, 17 West Main Street, Post Office Box 7857, Madison, Wisconsin 53707-7857; phone: (608) 266-8690; email: bellaviatc@doj.state.wi.us. Place where comments are to be submitted and deadline for submission: Comments may be submitted to the contact person shown above no later than one week after the public hearing on this emergency rule is conducted. Information as to the date, location, and time of the public hearing will be published in the Wisconsin Administrative Register.
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FINDING OF EMERGENCY
The legality of the 50:1 student-teacher ratio requirement in Jus 17.03 (8) is being challenged in pending litigation. In the course of that litigation, DOJ has determined that the 50:1 requirement is not enforceable under ss. 175.60 (2) (b), 227.10 (2m), and 227.11 (2) (a) 3., Stats., and should be repealed. In accordance with that conclusion, DOJ has ceased enforcing the 50:1 requirement. The rule proposed here will remove the 50:1 requirement from Jus 17.03 (8) and will thereby carry into effect the legislative policies contained in the above-referenced statutory provisions. The alternative of not removing the 50:1 requirement from Jus 17.03 (8) would be contrary to those legislative policies and would leave in the Administrative Code a requirement that DOJ is no longer enforcing. The public welfare thus requires repeal of the 50:1 requirement by emergency rule in order to make it clear to the public that the requirement is no longer being enforced and to promptly resolve the pending litigation with the least burden and inconvenience to the Court and the parties and with the least litigation expense to the people of the State of Wisconsin.
TEXT OF THE proposed permanent RULE
SECTION 1. Jus 17.03 (8) is amended to read:
Jus 17.03 (8) "Instructor-led" means training that is conducted face-to-face individually or in groups with an instructor-student ratio that does not exceed 50 students per instructor and in which instructors actively guide students through each lesson, answer questions, facilitate discussion, and provide feedback on activities and assignments. Learner-led or self-directed learning — the delivery of learning experiences to independent learners who lead and manage their own experience, delivered via web pages, multimedia presentations, computer applications, online presentations, or similar methods — is not instructor-led.
SECTION 2. Initial Applicability. This rule shall take effect upon publication in the official state newspaper.
