SENATE SUBSTITUTE AMENDMENT 2,
TO 2003 SENATE BILL 214
October 22, 2003 - Offered by Joint Committee on Finance.
SB214-SSA2,2,2 1An Act to renumber and amend 29.091, 29.621 (4), 941.23, 941.235 (2) and
2943.13 (2); to amend 23.33 (3) (e), 29.089 (2), 51.20 (13) (cv) 4., 51.20 (16) (gm),
351.30 (3) (a), 165.82 (1) (intro.), 165.82 (2), 175.35 (1) (at), 175.35 (2) (d), 175.35
4(2g) (c) 4. a. and b., 175.35 (2k) (ar) 2., 440.26 (3m), 813.12 (6) (am) 1., 813.12
5(6) (am) 2., 813.122 (9) (am) 1., 813.122 (9) (am) 2., 813.125 (5r) (a), 813.125 (5r)
6(b), 885.235 (1g) (intro.), 938.396 (8), 941.20 (1) (a), 941.20 (1) (b), 941.295 (2)
7(d), 943.13 (1m) (b) and 943.13 (3); and to create 29.091 (2), 29.621 (4) (b), 55.06
8(17) (d), 59.25 (3) (u), 165.25 (11), 167.31 (4) (ar), 175.35 (1) (am), 175.50,
9885.235 (1g) (e), 938.396 (8m), 941.20 (1) (bm), 941.23 (1) (a), 941.23 (1) (b),
10941.23 (1) (c), 941.23 (2), 941.235 (2) (c), 941.237 (3) (ct), 941.295 (2g), 941.295
11(2r), 943.13 (1e) (bm), 943.13 (1e) (g), 943.13 (1m) (c), 943.13 (2) (bm), 946.32 (3),
12948.605 (2) (c) and 948.61 (3m) of the statutes; relating to: carrying or going
13armed with a concealed weapon, background checks for handgun purchases,

1requiring the exercise of rule-making authority, providing an exemption from
2rule-making authority, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB214-SSA2, s. 1 3Section 1. 23.33 (3) (e) of the statutes is amended to read:
SB214-SSA2,2,84 23.33 (3) (e) With any firearm in his or her possession unless it is unloaded and
5enclosed in a carrying case, or. This paragraph does not apply to the possession of
6a handgun, as defined in s. 175.50 (1) (bm), by a person who holds a valid license to
7carry a concealed weapon issued under s. 175.50 or by an out-of-state licensee, as
8defined in s. 175.50 (1) (g).
SB214-SSA2,2,9 9(em) With any bow unless it is unstrung or enclosed in a carrying case.
SB214-SSA2, s. 2 10Section 2. 29.089 (2) of the statutes is amended to read:
SB214-SSA2,2,1611 29.089 (2) Except as provided in sub. (3), no person may have in his or her
12possession or under his or her control a firearm on land located in state parks or state
13fish hatcheries unless the firearm is unloaded and enclosed within a carrying case.
14This subsection does not apply if the firearm is a handgun, as defined in s. 175.50 (1)
15(bm), and the person holds a valid license to carry a concealed weapon issued under
16s. 175.50 or an out-of-state licensee, as defined in s. 175.50 (1) (g).
SB214-SSA2, s. 3 17Section 3. 29.091 of the statutes is renumbered 29.091 (1) and amended to
18read:
SB214-SSA2,3,319 29.091 (1) No person may hunt or trap within any wildlife refuge established
20under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession
21or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded,
22the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
23within a carrying case. The taking of predatory game birds and animals shall be done

1as the department directs. All state wildlife refuge boundary lines shall be marked
2by posts placed at intervals of not over 500 feet and bearing signs with the words
3"Wisconsin Wildlife Refuge".
SB214-SSA2, s. 4 4Section 4. 29.091 (2) of the statutes is created to read:
SB214-SSA2,3,85 29.091 (2) The prohibition of the possession or control of a loaded or unencased
6gun or firearm in sub. (1) does not apply to the possession of a handgun, as defined
7in s. 175.50 (1) (bm), by a person who holds a valid license to carry a concealed weapon
8issued under s. 175.50 or by an out-of-state licensee, as defined in s. 175.50 (1) (g).
SB214-SSA2, s. 5 9Section 5. 29.621 (4) of the statutes is renumbered 29.621 (4) (a) and amended
10to read:
SB214-SSA2,3,1711 29.621 (4) (a) Except as provided in s. 29.091 (1), no owner of a wildlife refuge,
12and no other person, may hunt or trap within the boundaries of any wildlife refuge
13or, except as provided in par. (b), have in his or her possession or under his or her
14control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or
15firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or
16crossbow is enclosed within a carrying case. Nothing in this section may prohibit,
17prevent or interfere with the department in the destruction of injurious animals.
SB214-SSA2, s. 6 18Section 6. 29.621 (4) (b) of the statutes is created to read:
SB214-SSA2,3,2319 29.621 (4) (b) The prohibition of the possession or control of a loaded or
20unencased gun or firearm in par. (a) does not apply to the possession of a handgun,
21as defined in s. 175.50 (1) (bm), by a person who holds a valid license to carry a
22concealed weapon issued under s. 175.50 or an out-of-state licensee, as defined in
23s. 175.50 (1) (g).
SB214-SSA2, s. 7 24Section 7. 51.20 (13) (cv) 4. of the statutes is amended to read:
SB214-SSA2,4,11
151.20 (13) (cv) 4. If the court prohibits a subject individual from possessing a
2firearm under subd. 1. or cancels a prohibition under subd. 2., the court clerk shall
3notify the department of justice of that fact and provide any information identifying
4the subject individual that is necessary to permit an accurate involuntary
5commitment history record search under s. 175.35 (2g) (c) or a background check
6under s. 175.50 (9g) (b)
. No other information from the subject individual's court
7records may be disclosed to the department of justice except by order of the court.
8The department of justice may disclose information provided under this subdivision
9only as part of an involuntary commitment history record search under s. 175.35 (2g)
10(c) or a background check under s. 175.50 (9g) (b) or to a sheriff under s. 175.50 (9g)
11(b) 3. a. or c. or (e) 1., (9r) (b) 2., or (11) (d) 3
.
SB214-SSA2, s. 8 12Section 8. 51.20 (16) (gm) of the statutes is amended to read:
SB214-SSA2,4,2313 51.20 (16) (gm) Upon a request under par. (a), a court may cancel the
14prohibition under sub. (13) (cv) 1. if the court determines, based on evidence
15presented on the issue of the subject individual's dangerousness, that there no longer
16is a substantial probability that the individual may use a firearm to cause physical
17harm to himself or herself or endanger public safety. If a court cancels a prohibition
18under sub. (13) (cv) 1. under this paragraph, the court clerk shall notify the
19department of justice of that fact and provide any information identifying the subject
20individual that is necessary to permit an accurate involuntary commitment record
21search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b). No
22other information from the subject individual's court records may be disclosed to the
23department of justice except by order of the court.
SB214-SSA2, s. 9 24Section 9. 51.30 (3) (a) of the statutes is amended to read:
SB214-SSA2,5,5
151.30 (3) (a) Except as provided in pars. (b) and (c) and s. 175.50 (11) (d) 2. g.
2and 3. and under rules that the department of justice promulgates under s. 175.35
3(2g) (c) 3. or 175.50 (9g) (f)
, the files and records of the court proceedings under this
4chapter shall be closed but shall be accessible to any individual who is the subject of
5a petition filed under this chapter.
SB214-SSA2, s. 10 6Section 10. 55.06 (17) (d) of the statutes is created to read:
SB214-SSA2,5,97 55.06 (17) (d) Notwithstanding par. (a), information from records described in
8par. (a) may be disclosed under rules that the department of justice promulgates
9under s. 175.35 (2g) (c) 3. or 175.50 (9g) (f).
SB214-SSA2, s. 11 10Section 11. 59.25 (3) (u) of the statutes is created to read:
SB214-SSA2,5,1311 59.25 (3) (u) 1. Subject to the terms of an agreement under s. 175.50 (2) (c),
12deposit all moneys received under s. 175.50 (7) (bd) and (bp), (13), and (15) (b) 4. a.
13and c. in the general fund of the county.
SB214-SSA2,5,1514 2. Forward all moneys received under s. 175.50 (7) (bh) and (15) (b) 4. b. to the
15state treasurer for deposit in the general fund.
SB214-SSA2,5,1916 4. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all
17moneys received from payments made under s. 175.50 (7) (bt) and (15) (b) 4. d. in the
18law enforcement excellence fund established under s. 175.50 (20) and make
19payments from the fund for the purposes of s. 175.50 (20) (b).
SB214-SSA2, s. 12 20Section 12. 165.25 (11) of the statutes is created to read:
SB214-SSA2,5,2521 165.25 (11) List of concealed-carry license approved states. Determine
22which states issue permits or licenses to carry a concealed weapon to persons who
23meet training requirements and criminal background checks that are substantially
24similar to or more restrictive than those specified under s. 175.50 (3) (h) and (9g) and
25promulgate by rule a list of those states.
SB214-SSA2, s. 13
1Section 13. 165.82 (1) (intro.) of the statutes, as affected by 2003 Wisconsin
2Act 33
, is amended to read:
SB214-SSA2,6,53 165.82 (1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall
4impose the following fees, plus any surcharge required under sub. (1m), for criminal
5history searches for purposes unrelated to criminal justice or to s. 175.35 or 175.50:
SB214-SSA2, s. 14 6Section 14. 165.82 (2) of the statutes is amended to read:
SB214-SSA2,6,97 165.82 (2) Except as provided in s. ss. 175.35 and 175.50, the department of
8justice shall not impose fees for criminal history searches for purposes related to
9criminal justice.
SB214-SSA2, s. 15 10Section 15. 167.31 (4) (ar) of the statutes is created to read:
SB214-SSA2,6,1411 167.31 (4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply
12to the placement, possession, transportation, or loading of a handgun, as defined in
13s. 175.50 (1) (bm), by a person who holds a valid license to carry a concealed weapon
14issued under s. 175.50 or an out-of-state licensee, as defined in s. 175.50 (1) (g).
SB214-SSA2, s. 16 15Section 16. 175.35 (1) (am) of the statutes is created to read:
SB214-SSA2,6,2016 175.35 (1) (am) "Disqualifying mental health adjudication" means one of the
17following events if it occurs in a proceeding that was not commenced by the person
18who is the subject of the proceeding and if it is based on the person having markedly
19subnormal intelligence or the person's mental illness, incompetency, condition, or
20disease:
SB214-SSA2,6,2221 1. An order entered by a court in this state that commits a person for treatment
22in an inpatient mental health facility.
SB214-SSA2,6,2523 2. A determination by a court in this state that a person is a danger to himself
24or herself or others under s. 51.20 (1) (a) 2. or lacks the mental capacity to contract
25or manage his or her own affairs.
SB214-SSA2, s. 17
1Section 17. 175.35 (1) (at) of the statutes is amended to read:
SB214-SSA2,7,142 175.35 (1) (at) "Firearms restrictions record search" means a search of
3department of justice records to determine whether a person seeking to purchase a
4handgun is prohibited from possessing a firearm under s. 941.29 or based on a
5disqualifying mental health adjudication
. "Firearms restriction record search"
6includes a criminal history record search, a search to determine whether a person is
7prohibited from possessing a firearm under s. 51.20 (13) (cv), a search to determine
8whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal
9injunction, as defined in s. 813.12 (1) (e), issued by a court established by any
10federally recognized Wisconsin Indian tribe or band, except the Menominee Indian
11tribe of Wisconsin, that includes notice to the respondent that he or she is subject to
12the requirements and penalties under s. 941.29 and that has been filed with the
13circuit court under s. 806.247 (3), and a search to determine whether the person is
14prohibited from possessing a firearm under s. 813.125 (4m).
SB214-SSA2, s. 18 15Section 18. 175.35 (2) (d) of the statutes is amended to read:
SB214-SSA2,7,2116 175.35 (2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c.,
17have elapsed from the time that the firearms dealer has received a confirmation
18number regarding the firearms restrictions record search under sub. (2g) (c) from the
19department of justice and the firearms dealer has not been notified that the transfer
20would be in violation of s. 941.29 or that the transferee would be prohibited from
21possessing a firearm based on a disqualifying mental health adjudication
.
SB214-SSA2, s. 19 22Section 19. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:
SB214-SSA2,8,223 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from
24possessing a firearm under s. 941.29 or based on a disqualifying mental health
25adjudication
, the department shall provide the firearms dealer with a unique

1nonapproval number. The department may not disclose to the firearms dealer the
2reason the transferee is prohibited from possessing a firearm under s. 941.29.
SB214-SSA2,8,53 b. If the search indicates that the transferee is not prohibited from possessing
4a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the
5department shall provide the firearms dealer with a unique approval number.
SB214-SSA2, s. 20 6Section 20. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB214-SSA2,8,147 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub.
8(2j) against the information recorded by the department regarding the corresponding
9request for a firearms restrictions record search under sub. (2g). If the department
10previously provided a unique approval number regarding the request and nothing
11in the duplicate completed notification form indicates that the transferee is
12prohibited from possessing a firearm under s. 941.29 or based on a disqualifying
13mental health adjudication
, the department shall destroy all records regarding that
14firearms restrictions record search within 30 days after receiving the duplicate form.
SB214-SSA2, s. 21 15Section 21. 175.50 of the statutes is created to read:
SB214-SSA2,8,17 16175.50 License to carry a concealed weapon. (1) Definitions. In this
17section:
SB214-SSA2,8,1818 (ab) "Alcohol beverages" has the meaning given in s. 125.02 (1).
SB214-SSA2,8,1919 (abm) "Alcohol concentration" has the meaning given in s. 340.01 (1v).
SB214-SSA2,8,2220 (ac) "Background check" means a search of department and court records
21conducted under sub. (9g) to determine a person's eligibility for a license to carry a
22concealed weapon.
SB214-SSA2,8,2323 (ag) Except in subs. (2g) (b) and (11) (c) 1. b., "carry" means to go armed with.
SB214-SSA2,8,2524 (ah) "Controlled substance" means a controlled substance, as defined in s.
25961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).
SB214-SSA2,9,1
1(aj) "Department" means the department of justice.
SB214-SSA2,9,22 (am) "Drunk driving offense" means any of the following:
SB214-SSA2,9,33 1. A violation of s. 346.63 or a local ordinance in conformity with that section.
SB214-SSA2,9,54 2. A violation of a law of a federally recognized American Indian tribe or band
5in this state in conformity with s. 346.63.
SB214-SSA2,9,116 3. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m),
7that prohibits use of a motor vehicle while intoxicated, while under the influence of
8a controlled substance, a controlled substance analog, or a combination thereof, with
9an excess or specified range of alcohol concentration, or while under the influence of
10any drug to a degree that renders the person incapable of safely driving, as those or
11substantially similar terms are used in that jurisdiction's laws.
SB214-SSA2,9,1612 (bm) "Handgun" means any weapon designed or redesigned, or made or
13remade, and intended to be fired while held in one hand and to use the energy of an
14explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not
15include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined
16in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).
SB214-SSA2,9,1817 (bq) "Intoxicant" means any alcohol beverage, controlled substance, or other
18drug, or any combination thereof.
SB214-SSA2,9,1919 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
SB214-SSA2,9,2120 (d) "Licensee" means an individual holding a valid license to carry a concealed
21weapon issued under this section.
SB214-SSA2,9,2222 (e) "Misdemeanor crime of violence" means any of the following:
SB214-SSA2,9,2423 1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation
24of s. 947.01.
SB214-SSA2,10,2
12. A crime under federal law or the law of another state that is comparable to
2a crime described in subd. 1.
SB214-SSA2,10,43 (eg) "Misdemeanor delinquency adjudication" means a finding that a juvenile
4is delinquent for an act that would be a misdemeanor if committed by an adult.
SB214-SSA2,10,65 (f) "Out-of-state authorization" means a valid permit document or a valid
6license document issued by another state to which all of the following apply:
SB214-SSA2,10,87 1. The permit document or license document documents that a person is
8authorized under the law of that state to carry a concealed weapon in that state.
SB214-SSA2,10,129 2. The permit document or license document is issued by that state only to those
10persons who meet training requirements and criminal background checks that are
11substantially similar to or more restrictive than those specified under sub. (3) (h) and
12(9g).
SB214-SSA2,10,1613 (g) "Out-of-state licensee" means an individual who is 21 years of age or over,
14who has been issued an out-of-state authorization and who is not prohibited from
15possessing a firearm under s. 941.29 or from possessing a firearm that has been
16transported in interstate or foreign commerce under federal law.
SB214-SSA2,10,1717 (h) "Private property" has the meaning given in s. 943.13 (1e) (e).
SB214-SSA2,10,1918 (i) "Proprietor" means a person to whom a Class "B" or "Class B" license or
19permit has been issued under ch. 125.
SB214-SSA2,10,2220 (ig) "Purpose of authorized analysis" means for the purpose of determining or
21obtaining evidence of the presence, quantity, or concentration of any intoxicant in a
22person's blood, breath, or urine.
SB214-SSA2,10,2423 (is) "Test facility" means a test facility or agency prepared to administer tests
24under s. 343.305 (2).
SB214-SSA2,11,2
1(j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (4),
2a tear gas gun, a knife other than a switchblade knife under s. 941.24, or a billy club.
SB214-SSA2,11,7 3(2) Issuance of license. (a) Except as provided in pars. (b) 1. and (c), each
4county, through its sheriff, shall issue licenses to carry a concealed weapon to an
5individual who meets the qualifications specified in sub. (3) and who completes the
6application process specified in sub. (7). A license to carry a concealed weapon issued
7under this section shall meet the requirements specified in sub. (2m).
SB214-SSA2,11,108 (b) 1. A sheriff may, but is not required to, issue licenses to carry a concealed
9weapon under this section if, before the first day of the 4th month beginning after the
10effective date of this subdivision .... [revisor inserts date], all of the following occur:
SB214-SSA2,11,1211 a. The sheriff requests the county board of the sheriff's county to authorize him
12or her to decline to issue licenses to carry a concealed weapon under this section.
SB214-SSA2,11,1513 b. After receiving a request from the sheriff under subd. 1. a., the county board
14of the sheriff's county grants the sheriff's request by a two-thirds vote of all the
15members of the board.
SB214-SSA2,11,1816 2. At any time the county board of the sheriff's county may rescind the
17authorization it grants under subd. 1. by a two-thirds vote of all members of the
18county board.
SB214-SSA2,11,2219 (c) Any 2 or more sheriffs may by agreement jointly exercise powers granted
20to them and discharge duties imposed on them under this section. An agreement for
21joint issuance of licenses to carry a concealed weapon under this section may be
22entered into at any time and shall satisfy all of the following criteria:
SB214-SSA2,11,2323 1. The agreement shall be in writing.
SB214-SSA2,11,2524 2. The agreement shall be approved by the county board of the county of each
25sheriff who is a party to the agreement.
SB214-SSA2,12,3
12m. The agreement shall specify how the powers and duties that are the subject
2of the agreement are to be allocated among the sheriffs that are parties to the
3agreement.
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