Amendment ASA4-AB529

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MGD:cjs:ch

2001 - 2002 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 4, TO 2001 ASSEMBLY BILL 529

November 1, 2001 - Offered by Representatives Schneider and Reynolds.

AB529-ASA4,1,4 An Act to renumber and amend 941.23; to amend 941.235 (2); and to create 175.50, 440.26 (3r), 941.23 (2), 941.295 (2) (bm) and 948.605 (2) (b) 4m. of the statutes; relating to: licenses to carry a concealed weapon, granting rule-making authority, and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB529-ASA4, s. 1 Section 1. 175.50 of the statutes is created to read:

AB529-ASA4,1,7 175.50 License to carry concealed weapon. (1) Definitions. In this section:

AB529-ASA4,1,8 (a) "Department" means the department of justice.

AB529-ASA4,1,9 (am) "Drunk driving offense" means any of the following:

AB529-ASA4,1,10 1. A violation of s. 346.63 or a local ordinance in conformity with that section.

AB529-ASA4,1,12 2. A violation of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63.

AB529-ASA4,2,6 3. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while intoxicated, while under the influence of a controlled substance, a controlled substance analog, or a combination thereof, with an excess or specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.

AB529-ASA4,2,8 (b) "Firearms restrictions record search" has the meaning given in s. 175.35 (1) (at).

AB529-ASA4,2,9 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

AB529-ASA4,2,11 (d) "Licensee" means an individual holding a valid license to carry a concealed weapon issued under this section.

AB529-ASA4,2,12 (e) "Misdemeanor crime of violence" means any of the following:

AB529-ASA4,2,14 1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation of s. 947.01.

AB529-ASA4,2,16 2. A crime under federal law or the law of another state that is comparable to a crime described in subd. 1.

AB529-ASA4,2,21 (f) "Weapon" means a handgun, as defined in s. 175.35 (1) (b), an electric weapon, as defined in s. 941.295 (4), a tear gas gun, a knife other than a switchblade knife under s. 941.24, or a billy club. "Weapon" does not include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).

AB529-ASA4,3,2 (2) Issuance of license. (a) Except as provided in pars. (b) and (c), each county, through its sheriff, shall issue licenses to carry a concealed weapon to an individual who meets the qualifications specified in subs. (3) and (4) and who completes the application process specified in sub. (7). A license to carry a concealed weapon issued under this section shall meet the requirements specified in sub. (2m).

AB529-ASA4,3,5 (b) A sheriff may, but is not required to, issue licenses to carry a concealed weapon under this section if, before the first day of the 4th month beginning after the effective of this paragraph .... [revisor inserts date], all of the following occur:

AB529-ASA4,3,7 1. The sheriff requests the county board of the sheriff's county to authorize him or her to decline to issue licenses to carry a concealed weapon under this section.

AB529-ASA4,3,10 2. After receiving a request from the sheriff under subd. 1., the county board of the sheriff's county grants the sheriff's request by a two-thirds vote of all the members of the board.

AB529-ASA4,3,14 (c) Any 2 or more sheriffs may by agreement jointly exercise powers granted to them and discharge duties imposed on them under this section. An agreement for joint issuance of licenses to carry a concealed weapon under this section may be entered into at any time and shall satisfy all of the following criteria:

AB529-ASA4,3,15 1. The agreement shall be in writing.

AB529-ASA4,3,17 2. The agreement shall be approved by the county board of the county of each sheriff who is a party to the agreement.

AB529-ASA4,3,20 2m. The agreement shall specify how the powers and duties that are the subject of the agreement are to be allocated among the sheriffs that are parties to the agreement.

AB529-ASA4,3,23 3. The agreement shall specify how costs incurred and moneys received under this section shall be apportioned among the sheriffs who are a party to the agreement and their respective counties.

AB529-ASA4,3,25 4. The agreement shall designate one county to be identified as the county of issuance.

AB529-ASA4,4,4 5. If a sheriff who is party to an agreement has issued licenses under this section before entering into the agreement, the agreement shall provide for the renewal of any licenses that were issued by that sheriff before he or she entered into the agreement.

AB529-ASA4,4,7 (2g) Carrying a concealed weapon; carrying and display of license. (a) A licensee may carry a concealed weapon anywhere in this state except as provided under sub. (16).

AB529-ASA4,4,9 (b) A licensee shall carry his or her license at all times during which he or she is carrying a concealed weapon.

AB529-ASA4,4,12 (c) If he or she is carrying a concealed weapon, a licensee shall display his or her license to a law enforcement officer upon the request of the law enforcement officer.

AB529-ASA4,4,19 (2m) License document; content of license. (a) Subject to pars. (b), (c), and (d), the department shall design the license document for licenses issued under this section. The department shall complete the design of the license document no later than the first day of the 4th month beginning after the effective date of this paragraph .... [revisor inserts date], and shall distribute the design for the license document to any sheriff who issues licenses under sub. (2) (a) or (c) for the sheriff to use for licenses that he or she issues under this section.

AB529-ASA4,4,21 (am) The department shall establish a unique code number for each county of this state for use as a prefix to the identification number required under par. (c) 8.

AB529-ASA4,4,23 (b) A license issued under this section shall be a single document, with the information specified in par. (c) appearing on one side.

AB529-ASA4,4,24 (c) One side of the license document shall include all of the following:

AB529-ASA4,4,25 1. The full name, date of birth, and residence address of the licensee.

AB529-ASA4,5,1 2. A color photograph of the licensee.

AB529-ASA4,5,3 3. A physical description of the licensee, including gender, height, weight, and hair and eye color.

AB529-ASA4,5,4 4. The date on which the license was issued.

AB529-ASA4,5,5 5. The date on which the license expires.

AB529-ASA4,5,6 6. The name of this state.

AB529-ASA4,5,7 7. The name of the county that issues the license.

AB529-ASA4,5,9 8. A unique identification number for each licensee that begins with the code number, established by the department under par. (am), for the county.

AB529-ASA4,5,13 (d) A license document issued under this section shall be, to the maximum extent possible, tamper proof and shall be produced using the same or similar equipment used by the department of transportation to produce an operator's license under s. 343.17.

AB529-ASA4,5,15 (3) Qualifications a person must have to get a license. An individual is eligible for a license under this section if all of the following apply:

AB529-ASA4,5,16 (a) The individual is at least 21 years of age.

AB529-ASA4,5,17 (b) The individual is a resident of the United States.

AB529-ASA4,5,19 (c) The individual does not have a physical disability that prevents him or her from safely handling a weapon.

AB529-ASA4,5,20 (d) The individual is not prohibited from possessing a firearm under s. 941.29.

AB529-ASA4,5,22 (e) During the preceding 3 years, the individual has not been civilly committed under s. 51.20 for being drug dependent.

AB529-ASA4,6,2 (f) During the preceding 3 years, the individual has not been convicted for any violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch. 961 or of federal law or a law of another state that is comparable to any provision of ch. 961.

AB529-ASA4,6,7 (g) The individual does not chronically and habitually use alcohol beverages or other substances to the extent that his or her normal faculties are impaired. A person is presumed chronically and habitually to use alcohol beverages or other substances to the extent that his or her normal faculties are impaired if, within the preceding 3 years, any of the following applies:

AB529-ASA4,6,9 1. The individual has been committed for involuntary treatment under s. 51.45 (13).

AB529-ASA4,6,10 2. The individual has been convicted of a violation of s. 941.20 (1) (b).

AB529-ASA4,6,12 3. In 2 or more cases arising out of separate incidents, a court has found the individual to have committed a drunk driving offense.

AB529-ASA4,6,13 (i) The individual has done one of the following:

AB529-ASA4,6,15 2. Successfully completed a National Rifle Association firearm training or firearm safety course.

AB529-ASA4,6,18 3. Successfully completed a firearm training or firearm safety course or class conducted by an instructor certified either by the state in which the course was conducted or by the National Rifle Association.

AB529-ASA4,6,24 4. Successfully completed a firearm safety or firearm training course or class that is available to the general public and that is offered by a law enforcement agency, a private or public school, institution, or organization, or a firearm training school, if the course or class uses instructors certified by the National Rifle Association or the department or if the curriculum meets the minimum requirements of the law enforcement standards board.

AB529-ASA4,7,3 5. Successfully completed a firearm safety or firearm training course or class offered for law enforcement officers, correctional officers, special deputies, private detectives licensed under s. 440.26, or other security or law enforcement personnel.

AB529-ASA4,7,6 6. Participated in organized shooting competitions or military training that gave the applicant experience with firearms that the sheriff determines is substantially equivalent to any course or class specified in subds. 2. to 5.

AB529-ASA4,7,11 7. Participated in military firearms training that gave the applicant experience with firearms that the sheriff determines is substantially equivalent to any course or class specified in subds. 2. to 5., if the applicant is serving in the U.S. armed forces or has received a discharge from the armed forces under conditions other than dishonorable.

AB529-ASA4,7,15 (j) The individual has not been found incompetent under ch. 880 or, if the individual has been found incompetent under ch. 880, he or she was subsequently found to be competent and at least 5 years have elapsed from the date that he or she was found to be competent.

AB529-ASA4,7,21 (k) The individual has not been involuntarily committed for treatment under s. 51.20 due to mental illness or a developmental disability or, if the individual has been involuntarily committed for treatment under s. 51.20 due to mental illness or a developmental disability, he or she shows, through evidence from a psychiatrist licensed in this state, that he or she has not been disabled due to mental illness or a developmental disability for at least 5 years.

AB529-ASA4,7,23 (kg) The individual has not been found incompetent under s. 971.14 or, if the individual has been found incompetent under s. 971.14, one of the following applies:

AB529-ASA4,7,25 1. He or she was subsequently found to be competent and at least 5 years have elapsed from the date that he or she was found to be competent.

AB529-ASA4,8,3 2. He or she was not subsequently found to be competent and he or she shows, through evidence from a psychiatrist licensed in this state, that he or she has not been disabled due to mental illness or a developmental disability for at least 5 years.