2011 Wisconsin Act 35

813.12 (6) (am) 1. If an injunction is issued or extended under sub. (4) or if a tribal injunction is filed under s. 806.247 (3), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

35,45 Section 45. 813.122 (9) (am) 1. of the statutes is amended to read:

813.122 (9) (am) 1. If an injunction is issued or extended under sub. (5), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

35,46 Section 46. 813.125 (5r) (a) of the statutes is amended to read:

813.125 (5r) (a) If an order prohibiting a respondent from possessing a firearm is issued under sub. (4m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

35,47 Section 47. 895.527 (5) (a) of the statutes is amended to read:

895.527 (5) (a) Section 167.30 (1), 941.20 (1) (d) or 948.605 or any rule promulgated under those sections regulating or prohibiting the discharge of firearms.

35,48 Section 48. 938.396 (2g) (n) of the statutes is amended to read:

938.396 (2g) (n) Firearms restriction record search or background check. If a juvenile is adjudged delinquent for an act that would be a felony if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

35,49 Section 49. 939.22 (10) of the statutes is amended to read:

939.22 (10) "Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; any electric weapon, as defined in s. 941.295 (4) (1c) (a); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

35,50 Section 50. 941.23 of the statutes is renumbered 941.23 (2) (intro.) and amended to read:

941.23 (2) (intro.) Any person except a peace officer, other than one of the following, who goes armed with carries a concealed and dangerous weapon is guilty of a Class A misdemeanor. Notwithstanding:

(a) A peace officer, but notwithstanding s. 939.22, for purposes of this section paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.

35,51 Section 51. 941.23 (1) of the statutes is created to read:

941.23 (1) In this section:

(ag) "Carry" has the meaning given in s. 175.60 (1) (ag).

(ar) "Destructive device" has the meaning given in 18 USC 921 (a) (4).

(b) "Firearm silencer" has the meaning given in s. 941.298 (1).

(c) "Former officer" means a person who served as a law enforcement officer with a law enforcement agency before separating from law enforcement service.

(d) "Law enforcement agency" has the meaning given in s. 175.49 (1) (f).

(e) "Law enforcement officer" has the meaning given in s. 175.49 (1) (g).

(f) "Machine gun" has the meaning given in s. 941.27 (1).

(g) "Qualified out-of-state law enforcement officer" means a law enforcement officer to whom all of the following apply:

1. The person is employed by a state or local government agency in another state.

2. The agency has authorized the person to carry a firearm.

3. The person is not the subject of any disciplinary action by the agency that could result in the suspension or loss of the person's law enforcement authority.

4. The person meets all standards established by the agency to qualify the person on a regular basis to use a firearm.

5. The person is not prohibited under federal law from possessing a firearm.

35,52 Section 52. 941.23 (2) (b) of the statutes is created to read:

941.23 (2) (b) A qualified out-of-state law enforcement officer. This paragraph applies only if all of the following apply:

1. The weapon is a firearm but is not a machine gun or a destructive device.

2. The officer is not carrying a firearm silencer.

3. The officer is not under the influence of an intoxicant.

35,53 Section 53. 941.23 (2) (c) of the statutes is created to read:

941.23 (2) (c) A former officer. This paragraph applies only if all of the following apply:

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

a. A photographic identification document described in sub. (3) (b) 2. (intro.).

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.

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.

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 law enforcement officers to carry firearms.

4. The weapon is not a machine gun or a destructive device.

5. The former officer is not carrying a firearm silencer.

6. The former officer is not under the influence of an intoxicant.

7. The former officer is not prohibited under federal law from possessing a firearm.

35,54 Section 54. 941.23 (2) (d) of the statutes is created to read:

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.

35,55 Section 55. 941.23 (2) (e) of the statutes is created to read:

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.

35,56 Section 56. 941.23 (3) of the statutes is created to read:

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.

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

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 law enforcement officers to carry a firearm of the same type as the firearm that the former officer is carrying.

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

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

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 active law enforcement officers in that state, to meet the standards for qualification in firearms training for active 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.

(c) A person who violates this subsection may be required to forfeit not more than $25, except that the person shall be exempted from the forfeiture if the person presents, within 48 hours, his or her license document or out-of-state license and photographic identification to the law enforcement agency that employs the requesting law enforcement officer.

(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).

35,57 Section 57. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and amended to read:

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

(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.

35,58 Section 58. 941.235 (2) (c) of the statutes is created to read:

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.

35,59 Section 59. 941.235 (2) (d) of the statutes is created to read:

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.

35,60 Section 60. 941.235 (2) (e) of the statutes is created to read:

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).

35,61 Section 61. 941.237 (3) (cr) of the statutes is created to read:

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.

35,62 Section 62. 941.237 (3) (ct) of the statutes is created to read:

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.

35,63 Section 63. 941.237 (3) (cx) of the statutes is created to read:

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.

35,64 Section 64. 941.237 (4) of the statutes is repealed.

35,65 Section 65. 941.295 (1) of the statutes is renumbered 941.295 (1m).

35,66 Section 66. 941.295 (1c) (b) and (c) of the statutes are created to read:

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

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

35,67 Section 67. 941.295 (2) (intro.) of the statutes is amended to read:

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

35,68 Section 68. 941.295 (2) (d) of the statutes is renumbered 941.295 (2) (d) (intro.) and amended to read:

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:

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

35,69 Section 69. 941.295 (2) (d) 2. of the statutes is created to read:

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.

35,70 Section 70. 941.295 (2g) of the statutes is created to read:

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:

(a) A licensee or an out-of-state licensee.

(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.