SB214-SSA2,22,20 18(3m) Federal preemption. The requirements under sub. (3) (e), (g) 1., (i), (im),
19(j), (k), and (L), apply only to a person who may lawfully possess a firearm under
20federal law.
SB214-SSA2,23,8 21(5) Application and renewal forms. The department shall design an
22application form for use by individuals who apply for a license under this section and
23a renewal form for use by individuals applying for renewal of a license under sub.
24(15). The department shall complete the design of the application form no later than
25the first day of the 4th month beginning after the effective date of this subsection ....

1[revisor inserts date], and shall complete the design of the renewal form no later than
2the first day of the 54th month beginning after the effective date of this subsection
3.... [revisor inserts date]. The department shall distribute the designs for both forms
4to any sheriff who issues licenses under sub. (2) (a) or (c) for use in making the
5application forms and the license renewal forms described in this section. The forms
6designed by the department under this subsection shall only require the applicant
7to provide his or her name, address, date of birth, race, gender, height, weight, and
8hair and eye color and shall include all of the following:
SB214-SSA2,23,109 (e) A statement that the applicant is eligible for a license if the requirements
10specified in sub. (3) are met.
SB214-SSA2,23,1311 (f) A statement explaining the privilege of self-defense and defense of others
12under s. 939.48, with a place for the applicant to sign his or her name to indicate that
13he or she has read and understands the statement.
SB214-SSA2,23,1614 (g) A statement that the applicant has received a copy of this section, with a
15place for the applicant to sign his or her name to indicate that he or she has read and
16understands the requirements of this section.
SB214-SSA2,23,1917 (h) A statement that the application is being made under oath and that an
18applicant may be prosecuted if he or she gives a false answer to any question on the
19application or submits a falsified document with the application.
SB214-SSA2,23,2120 (i) A statement of the penalties for giving a false answer to any question on the
21application or submitting a falsified document with the application.
SB214-SSA2,23,24 22(6) Oath. An applicant shall swear under oath that the information that he or
23she provides in an application submitted under sub. (7) and any document submitted
24with the application is true and complete to the best of his or her knowledge.
SB214-SSA2,24,3
1(7) Submission of application. An individual may apply for a license under this
2section with any sheriff. An applicant shall submit all of the following to the sheriff
3through whom he or she is applying for a license:
SB214-SSA2,24,54 (a) An application in the form prescribed under sub. (5) that has been sworn
5to as required under sub. (6).
SB214-SSA2,24,86 (bd) A license fee set by the sheriff issuing the license that does not exceed
7either the cost to the sheriff of issuing a license to an individual under this section,
8including the cost of equipment purchase or rental, or $75, whichever is less.
SB214-SSA2,24,99 (bh) The fee for a background check specified in sub. (9g) (c).
SB214-SSA2,24,1010 (bp) A shooting range improvement fee of $15.
SB214-SSA2,24,1111 (bt) A law enforcement excellence fund fee of $15.
SB214-SSA2,24,1312 (d) A photocopy of a certificate or other evidence showing the applicant's
13qualifications under sub. (3) (h).
SB214-SSA2,24,1514 (e) A full-face photograph of the applicant taken within the 30-day period
15immediately preceding the date of the applicant's application.
SB214-SSA2,24,18 16(9) Processing of application. (a) Upon receiving an application submitted
17under sub. (7), a sheriff shall request that the department conduct a background
18check, as provided under sub. (9g).
SB214-SSA2,24,2019 (b) Subject to par. (c), within 30 days after receiving an application under sub.
20(7), a sheriff shall do one of the following:
SB214-SSA2,24,2221 1. Issue the license and promptly send the licensee his or her license document
22by 1st class mail.
SB214-SSA2,25,223 2. Deny the application, but only if the applicant fails to qualify under the
24criteria specified in sub. (3). If the sheriff denies the application, he or she shall

1inform the applicant in writing, stating the reason and factual basis for the denial
2to the extent permitted under federal law.
SB214-SSA2,25,83 (c) Except as provided in sub. (9r) or (10), a sheriff may not issue a license until
47 days, subject to extension under sub. (9g) (b) 3. c., have elapsed from the time that
5the sheriff has received a confirmation number regarding the background check
6under sub. (9g) (b) 1. from the department, unless the department has notified the
7sheriff that the background check does not indicate that the applicant is disqualified
8for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r).
SB214-SSA2,25,12 9(9g) Background checks. (a) A sheriff shall request that the department
10conduct a background check by calling the department, using a toll-free telephone
11number provided by the department, and providing the department with the name,
12date of birth, gender, and race of the applicant.
SB214-SSA2,25,1413 (b) Upon receiving a request under par. (a), the department shall conduct a
14background check using the following procedure:
SB214-SSA2,25,1615 1. The department shall provide the sheriff with a confirmation number
16confirming the receipt of the information under par. (a).
SB214-SSA2,25,2017 2. The department shall conduct the background check regarding an applicant
18for a license under this section. In conducting a background check under this
19subdivision, the department shall use the transaction information for management
20of enforcement system and the national crime information center system.
SB214-SSA2,25,2321 3. The department shall notify the sheriff, either during the initial telephone
22call or as soon thereafter as practicable, of the results of the background check as
23follows:
SB214-SSA2,26,324 a. If the background check indicates that the applicant does not qualify for a
25license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the

1department shall provide the sheriff with a unique nonapproval number. The
2department shall disclose to the sheriff the reason the applicant does not qualify for
3a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r).
SB214-SSA2,26,74 b. If the completed background check does not indicate that the applicant is
5disqualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m),
6(n), (o), or (r), the department shall provide the sheriff with a unique approval
7number.
SB214-SSA2,26,168 c. If the background check indicates that the applicant was the subject of a
9relevant criminal charge for which there is no recorded disposition or if, in the case
10of a misdemeanor delinquency adjudication, the background check does not indicate
11how long the resultant dispositional order was in effect, and the 7-day time period
12described in sub. (9) (c) has not yet run, that time period is extended by 72 hours.
13The department shall notify the sheriff of the extension as soon as practicable.
14During the extended period, the department shall make all reasonable efforts to
15obtain the missing information and shall notify the sheriff of the results of its efforts
16as soon as practicable.
SB214-SSA2,26,2017 (bm) The department shall conduct the background check under par. (b)
18immediately if, when requesting it under par. (a), the sheriff informs the department
19that the background check is for an applicant for an emergency license under sub.
20(9r).
SB214-SSA2,26,2521 (c) The department shall charge a sheriff a fee of $8 for each background check
22that the sheriff requests under par. (a), except that the department shall waive the
23fee if, when requesting the background check, the sheriff informs the department
24that the fee is being waived under sub. (9r) (c). The sheriff shall collect the fee from
25the applicant unless the fee is waived under sub. (9r) (c).
SB214-SSA2,27,5
1(d) A sheriff shall maintain the original record of all completed application
2forms and a record of all confirmation numbers and corresponding approval or
3nonapproval numbers that he or she receives regarding background checks under
4this subsection. The sheriff shall mail a duplicate copy of each completed application
5form to the department.
SB214-SSA2,27,186 (e) 1. The department shall check each duplicate application form received
7under par. (d) against the information recorded by the department regarding the
8corresponding request for a background check under this subsection. If the
9department previously provided a unique approval number regarding the request
10and nothing in the duplicate completed application form indicates that the applicant
11is not qualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m),
12(n), (o), or (r), the department shall, except as provided in subd. 2., destroy all records
13regarding that background check within 30 days after receiving the duplicate form.
14If the department previously provided a unique approval number regarding the
15request and the duplicate completed application form indicates that the applicant is
16not qualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m),
17(n), (o), or (r), the department shall immediately notify the sheriff who issued the
18license, and the sheriff shall revoke the license.
SB214-SSA2,27,2319 2. The department may maintain records necessary to administer this
20subsection and, for a period of not more than 3 years after the department issues a
21unique approval number, a log of dates of requests for background checks under this
22subsection together with confirmation numbers and unique approval and
23nonapproval numbers corresponding to those dates.
SB214-SSA2,28,324 (f) The department shall promulgate rules authorizing it to obtain records
25necessary to determine an applicant's eligibility under sub. (3) (e), (g) 1., (i), (im), and

1(j) for a license issued under this section. The department may not disclose
2information that it obtains under rules issued under this paragraph except to a
3sheriff under par. (b) 3. or sub. (9r) (b) 2. or (11) (d) 3.
SB214-SSA2,28,11 4(9r) Emergency license. (a) Unless the sheriff knows that the person is not
5qualified for a license under sub. (3) (a) to (g) or (i) to (s), a sheriff may issue a license
6under this section to an individual who does not satisfy the requirements under sub.
7(3) (h) without regard for the waiting period under sub. (9) (c) if the sheriff determines
8that immediate licensure is warranted to protect the individual from death or great
9bodily harm, as defined in s. 939.22 (14). A sheriff who issues a license under this
10paragraph shall notify the department and request an immediate background check
11under sub. (9g).
SB214-SSA2,28,1312 (b) 1. Except as provided in subd. 2. and par. (d), a license issued under par. (a)
13is valid for 120 days from the date on which it is issued and may not be renewed.
SB214-SSA2,28,1614 2. If the department notifies the sheriff that an individual to whom the sheriff
15has issued a license under par. (a) does not qualify for a license under sub. (3) (c), (d),
16(e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the sheriff shall revoke the license.
SB214-SSA2,28,2017 (c) A sheriff may waive the fees that would otherwise be required under subs.
18(7) (bd), (bh), (bp), and (bt) and (9g) (c) for an individual who is applying for a license
19under par. (a) if requiring the individual to pay the fees would create a hardship for
20the individual.
SB214-SSA2,28,2421 (d) A person who has been issued a license under par. (a) may obtain a license
22under sub. (2) if he or she meets the qualifications specified under sub. (3) and
23completes the application process specified in sub. (7). A license issued to a person
24under par. (a) is void if the person is issued a license under sub. (2).
SB214-SSA2,29,3
1(10) Exemption from background check. Notwithstanding subs. (9) (a) and
2(15) (c), a sheriff shall issue or renew a license under this section to any of the
3following individuals without waiting 7 days or requesting a background check:
SB214-SSA2,29,44 (a) A law enforcement officer.
SB214-SSA2,29,55 (b) A correctional officer.
SB214-SSA2,29,66 (c) A probation, parole, and extended supervision agent.
SB214-SSA2,29,87 (d) A person who holds a current certification from the law enforcement
8standards board under s. 165.85 (3) (c).
SB214-SSA2,29,13 9(11) Licensee information. (a) A sheriff who issues licenses to carry a
10concealed weapon under this section shall, within 5 days after issuing a license,
11notify the department that he or she has issued a license under this section and
12provide the department with the information specified in sub. (2m) (b) concerning the
13individual to whom the license was issued.
SB214-SSA2,29,2014 (am) The department shall maintain a computerized record listing the names
15of all individuals who have been issued a license under this section along with the
16information concerning each individual that is provided to the department by a
17sheriff under par. (a). After entering the information that it receives under par. (a),
18the department may not store, maintain, format, sort, or access the information in
19any way other than by the name of the licensee or the identification number assigned
20to the licensee under sub. (2m) (b) 8.
SB214-SSA2,29,2421 (c) 1. The department and any sheriff issuing licenses under this section shall
22provide information concerning a specific licensee to a law enforcement agency, but
23only if the law enforcement agency is requesting the information for any of the
24following purposes:
SB214-SSA2,30,2
1a. To confirm that a license produced by an individual at the request of a law
2enforcement officer is valid.
SB214-SSA2,30,53 b. To confirm that the individual holds a valid license under this section, if the
4individual is going armed with a concealed weapon but is not carrying his or her
5license document and claims to hold a valid license issued under this section.
SB214-SSA2,30,96 c. To investigate whether an individual intentionally falsely swore under sub.
7(6) or (15) (b) 2., intentionally violated sub. (12) (a), or intentionally made a false
8statement to a sheriff in connection with the individual's request for an emergency
9license under sub. (9r).
SB214-SSA2,30,1510 2. If the department maintains information compiled under this section
11regarding licensees through the transaction information for the management of
12enforcement system and a law enforcement officer uses that system in the context
13of a vehicle stop that meets the requirements of s. 349.02 (2) (a), the law enforcement
14officer may only obtain information from that system regarding the licensee's status
15as a licensee for the purposes listed in subd. 1.
SB214-SSA2,30,1616 (d) 1. In this paragraph:
SB214-SSA2,30,1917 a. "Clerk" means the clerk of the circuit court or, if it has enacted a law or an
18ordinance in conformity with s. 346.63, the clerk of the court for a federally
19recognized American Indian tribe or band in this state, a city, a village, or a town.
SB214-SSA2,30,2120 b. "Court automated information systems" means the systems under s. 758.19
21(4).
SB214-SSA2,31,222 2. The court automated information systems, or the clerk, if the information
23is not contained in or cannot be transmitted by the court automated information
24systems, shall immediately notify the department of the name of any individual with

1respect to whom any of the following occurs and the specific reason for the
2notification:
SB214-SSA2,31,73 a. The individual is charged with a felony, a misdemeanor crime of violence, a
4violation of ch. 961, the solicitation, conspiracy, or attempt to commit any violation
5of ch. 961, a violation of s. 941.20 (1) (b), a violation of sub. (17) (c), (d), or (e), or any
6other crime that, upon conviction, would disqualify the individual from having a
7license under this section.
SB214-SSA2,31,88 b. The individual is charged with a drunk driving offense.
SB214-SSA2,31,109 c. The individual is found by a court to have committed any offense described
10in subd. 2. a. or b.
SB214-SSA2,31,1211 d. Prosecution of a felony or a misdemeanor crime of violence for which the
12individual is charged is suspended under a deferred prosecution agreement.
SB214-SSA2,31,1313 e. The individual is found incompetent under s. 971.14.
SB214-SSA2,31,1514 f. The individual is found not guilty of any crime by reason of mental disease
15or mental defect under s. 971.17.
SB214-SSA2,31,1716 g. The individual is involuntarily committed for treatment under s. 51.20 or
1751.45.
SB214-SSA2,31,1818 h. The individual is found incompetent under ch. 880.
SB214-SSA2,31,2019 i. The individual becomes subject to an injunction described in s. 941.29 (1) (f)
20or is ordered not to possess a firearm under s. 813.125 (4m).
SB214-SSA2,31,2221 j. A court has prohibited the individual from possessing a dangerous weapon
22under s. 969.02 (3) (c).
SB214-SSA2,32,323 3. Upon receiving a notice under subd. 2., the department shall immediately
24determine if the individual who is the subject of the notice is a licensee, using the list
25maintained under par. (am). If the department determines that the individual is a

1licensee, the department shall immediately inform the sheriff of the county that
2issued the license of the individual's name and the basis for the notice under subd.
32.
SB214-SSA2,32,7 4(12) Updated information. (a) Within 10 days after being charged under
5federal law or the law of another state with any crime or any drunk driving offense,
6a licensee shall notify the sheriff of the county that issued his or her license of the
7charge.
SB214-SSA2,32,118 (b) No later than 30 days after changing his or her address, a licensee shall
9inform the sheriff of the county that issued the license of his or her new address. The
10sheriff shall provide the individual's new address to the department for inclusion in
11the list under sub. (11) (am).
SB214-SSA2,32,17 12(13) Lost or destroyed license. No later than 30 days after losing his or her
13license document or after his or her license document is destroyed, a licensee shall
14submit to the sheriff of the county that issued the license a notarized statement that
15his or her license document has been lost or destroyed. The sheriff shall issue a
16replacement license document upon receiving the notarized statement and a
17replacement license fee of $15.
SB214-SSA2,32,20 18(14) License revocation and suspension. (a) A sheriff shall revoke a license
19that his or her county issued under this section if the licensee no longer meets all of
20the criteria specified in sub. (3) (b) to (g), (i) to (n), or (p) to (s).
SB214-SSA2,32,2221 (am) 1. If any of the following occurs with respect to a licensee, the sheriff of
22the county that issued the license shall suspend the licensee's license:
SB214-SSA2,32,2423 a. The licensee is the subject of a pending civil or criminal case, the disposition
24of which could require revocation of his or her license under par. (a).
SB214-SSA2,33,2
1b. A court has prohibited the licensee from possessing a dangerous weapon
2under s. 969.02 (3) (c).
SB214-SSA2,33,53 2. If the sheriff suspends a license under subd. 1., he or she shall restore the
4license if, upon disposition of the case, the person to whom the license was issued
5meets all of the criteria specified in sub. (3).
SB214-SSA2,33,76 (b) 1. If a sheriff revokes or suspends a license under this section, the revocation
7or suspension shall take effect immediately.
SB214-SSA2,33,138 2. A sheriff who suspends or revokes a license issued under this section shall
9send the individual whose license has been suspended or revoked notice of the
10suspension or revocation by certified mail within one day after the suspension or
11revocation. Within 7 days after receiving the notice, the individual whose license has
12been suspended or revoked shall deliver the license document personally or by
13certified mail to the sheriff.
SB214-SSA2,33,17 14(14m) Appeals. (a) A person aggrieved by any action by a sheriff denying an
15application for a license or suspending or revoking a license under this section may
16appeal directly to the circuit court of the sheriff's county or, if applicable, to the circuit
17court of the county of issuance designated under sub. (2) (c).
SB214-SSA2,33,2518 (b) To begin an appeal under this subsection, the aggrieved person shall file a
19petition for review with the clerk of the applicable circuit court within 30 days after
20the date of the sheriff's action or, if applicable, within 30 days after the date of the
21notice provided to the person under sub. (9) (b) 2. The petition shall state the
22substance of the sheriff's action that the person is appealing from and the grounds
23upon which the person believes the sheriff's action to be improper. The petition may
24include a copy of any records or documents that are relevant to the grounds upon
25which the person believes the sheriff's action to be improper.
SB214-SSA2,34,3
1(c) A copy of the petition shall be served upon the sheriff either personally or
2by registered or certified mail within 5 days after the person files his or her petition
3under par. (b).
SB214-SSA2,34,74 (d) The sheriff shall file an answer within 15 days after being served with the
5petition under par. (c). The answer shall include a brief statement of the actions
6taken by the sheriff, and a copy of any documents or records on which the sheriff
7based his or her action shall be included with the answer when filed.
SB214-SSA2,34,138 (e) The court shall review the petition, the answer, and any records or
9documents submitted with the petition or the answer. The review under this
10paragraph shall be conducted by the court without a jury and shall be confined to the
11petition, the answer, and any records or documents submitted with the petition or
12the answer, except that in cases of alleged irregularities in procedure by the sheriff
13the court may take testimony that the court determines is appropriate.
SB214-SSA2,34,1514 (f) The court shall affirm the sheriff's action unless the court finds any of the
15following:
SB214-SSA2,34,1616 1. That the sheriff failed to follow procedure prescribed under this section.
SB214-SSA2,34,1817 2. That the sheriff erroneously interpreted a provision of law and a correct
18interpretation compels a different action.
SB214-SSA2,34,2019 3. That the sheriff's action depends on a finding of fact that is not supported
20by substantial evidence in the record.
SB214-SSA2,34,2221 (g) The court's decision shall provide whatever relief is appropriate regardless
22of the original form of the petition.
SB214-SSA2,35,2 23(15) License expiration and renewal. (a) Except as provided in sub. (9r) (b)
241., a license issued under this section is valid for a period of 5 years from the date on

1which the license is issued unless the license is suspended or revoked under sub. (9g)
2(e) 1. or (14).
SB214-SSA2,35,83 (b) The department shall design a form notice of expiration and shall distribute
4the form to any sheriff who issues licenses under sub. (2) (a) or (c) for use under this
5paragraph. At least 90 days before the expiration date of a license issued under this
6section, the sheriff who issued the license shall mail to the licensee a notice of
7expiration and a form for renewing the license. The sheriff shall renew the license
8if, before the date the license expires, the licensee does all of the following:
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