Amendment SSA3-SB214

SB214-SSA3,20,22 (10) Exemption from background check. Notwithstanding subs. (9) (a) and (15) (c), a sheriff shall issue or renew a license under this section to any of the following individuals without requesting a background check:

SB214-SSA3,20,23 (a) A law enforcement officer.

SB214-SSA3,20,24 (b) A correctional officer.

SB214-SSA3,20,25 (c) A probation, parole, and extended supervision agent.

SB214-SSA3,21,2 (d) A person who holds a current certification from the law enforcement standards board under s. 165.85 (3) (c).

SB214-SSA3,21,7 (11) Licensee information. (a) A sheriff who issues licenses to carry a concealed weapon under this section shall, within 5 days after issuing a license, notify the department that he or she has issued a license under this section and provide the department with the information specified in sub. (2m) (b) concerning the individual to whom the license was issued.

SB214-SSA3,21,14 (am) The department shall maintain a computerized record listing the names of all individuals who have been issued a license under this section along with the information concerning each individual that is provided to the department by a sheriff under par. (a). After entering the information that it receives under par. (a), the department may not store, maintain, format, sort, or access the information in any way other than by the name of the licensee or the identification number assigned to the licensee under sub. (2m) (b) 8.

SB214-SSA3,21,16 (b) A law enforcement agency or a court may access the computerized record listing under par. (am).

SB214-SSA3,21,20 (c) The department and any sheriff issuing licenses under this section shall provide information in addition to the information under par. (b) concerning a specific licensee to a law enforcement agency, but only if the law enforcement agency is requesting the information for any of the following purposes:

SB214-SSA3,21,22 1. To confirm that a license produced by an individual at the request of a law enforcement officer is valid.

SB214-SSA3,21,25 2. To confirm that the individual holds a valid license under this section, if the individual is going armed with a concealed weapon but is not carrying his or her license document and claims to hold a valid license issued under this section.

SB214-SSA3,22,4 3. To investigate whether an individual intentionally falsely swore under sub. (6) or (15) (b) 2., intentionally violated sub. (12) (a), or intentionally made a false statement to a sheriff in connection with the individual's request for an emergency license under sub. (9r).

SB214-SSA3,22,8 (d) 1. In this paragraph, "clerk" means the clerk of the circuit court or, if it has enacted a law or an ordinance in conformity with s. 346.63, the clerk of the court for a federally recognized American Indian tribe or band in this state, a city, a village, or a town.

SB214-SSA3,22,11 2. The clerk shall immediately notify the department of the name of any individual with respect to whom any of the following occurs and the specific reason for the notification:

SB214-SSA3,22,16 a. The individual is charged with a felony, a misdemeanor crime of violence, a violation of ch. 961, the solicitation, conspiracy, or attempt to commit any violation of ch. 961, a violation of s. 941.20 (1) (b), a violation of sub. (17) (c), (d), or (e), or any other crime that, upon conviction, would disqualify the individual from having a license under this section.

SB214-SSA3,22,17 b. The individual is charged with a drunk driving offense.

SB214-SSA3,22,19 c. The individual is found by a court to have committed any offense described in subd. 2. a. or b.

SB214-SSA3,22,21 d. Prosecution of a felony or a misdemeanor crime of violence for which the individual is charged is suspended under a deferred prosecution agreement.

SB214-SSA3,22,22 e. The individual is found incompetent under s. 971.14.

SB214-SSA3,22,24 f. The individual is found not guilty of any crime by reason of mental disease or mental defect under s. 971.17.

SB214-SSA3,23,2 g. The individual is involuntarily committed for treatment under s. 51.20 or 51.45.

SB214-SSA3,23,3 h. The individual is found incompetent under ch. 880.

SB214-SSA3,23,5 i. The individual becomes subject to an injunction described in s. 941.29 (1) (f) or is ordered not to possess a firearm under s. 813.125 (4m).

SB214-SSA3,23,7 j. A court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c).

SB214-SSA3,23,13 3. Upon receiving a notice under subd. 2., the department shall immediately determine if the individual who is the subject of the notice is a licensee, using the list maintained under par. (am). If the department determines that the individual is a licensee, the department shall immediately inform the sheriff of the county that issued the license of the individual's name and the basis for the notice under subd. 2.

SB214-SSA3,23,17 (12) Updated information. (a) Within 10 days after being charged under federal law or the law of another state with any crime or any drunk driving offense, a licensee shall notify the sheriff of the county that issued his or her license of the charge.

SB214-SSA3,23,21 (b) No later than 30 days after changing his or her address, a licensee shall inform the sheriff of the county that issued the license of his or her new address. The sheriff shall provide the individual's new address to the department for inclusion in the list under sub. (11) (am).

SB214-SSA3,24,2 (13) Lost or destroyed license. No later than 30 days after losing his or her license document or after his or her license document is destroyed, a licensee shall submit to the sheriff of the county that issued the license a notarized statement that his or her license document has been lost or destroyed. The sheriff shall issue a replacement license document upon receiving the notarized statement and a replacement license fee of $15.

SB214-SSA3,24,5 (14) License revocation and suspension. (a) A sheriff shall revoke a license that his or her county issued under this section if the licensee no longer meets all of the criteria specified in sub. (3) (b) to (g), (i) to (n), or (p) to (s).

SB214-SSA3,24,7 (am) 1. If any of the following occurs with respect to a licensee, the sheriff of the county that issued the license shall suspend the licensee's license:

SB214-SSA3,24,9 a. The licensee is the subject of a pending civil or criminal case, the disposition of which could require revocation of his or her license under par. (a).

SB214-SSA3,24,11 b. A court has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3) (c).

SB214-SSA3,24,14 2. If the sheriff suspends a license under subd. 1., he or she shall restore the license if, upon disposition of the case, the person to whom the license was issued meets all of the criteria specified in sub. (3).

SB214-SSA3,24,16 (b) 1. If a sheriff revokes or suspends a license under this section, the revocation or suspension shall take effect immediately.

SB214-SSA3,24,22 2. A sheriff who suspends or revokes a license issued under this section shall send the individual whose license has been suspended or revoked notice of the suspension or revocation by certified mail within one day after the suspension or revocation. Within 7 days after receiving the notice, the individual whose license has been suspended or revoked shall deliver the license document personally or by certified mail to the sheriff.

SB214-SSA3,25,2 (14m) Appeals. (a) A person aggrieved by any action by a sheriff denying an application for a license or suspending or revoking a license under this section may appeal directly to the circuit court of the sheriff's county or, if applicable, to the circuit court of the county of issuance designated under sub. (2) (c).

SB214-SSA3,25,10 (b) To begin an appeal under this subsection, the aggrieved person shall file a petition for review with the clerk of the applicable circuit court within 30 days after the date of the sheriff's action or, if applicable, within 30 days after the date of the notice provided to the person under sub. (9) (b) 2. The petition shall state the substance of the sheriff's action that the person is appealing from and the grounds upon which the person believes the sheriff's action to be improper. The petition may include a copy of any records or documents that are relevant to the grounds upon which the person believes the sheriff's action to be improper.

SB214-SSA3,25,13 (c) A copy of the petition shall be served upon the sheriff either personally or by registered or certified mail within 5 days after the person files his or her petition under par. (b).

SB214-SSA3,25,17 (d) The sheriff shall file an answer within 15 days after being served with the petition under par. (c). The answer shall include a brief statement of the actions taken by the sheriff, and a copy of any documents or records on which the sheriff based his or her action shall be included with the answer when filed.

SB214-SSA3,25,23 (e) The court shall review the petition, the answer, and any records or documents submitted with the petition or the answer. The review under this paragraph shall be conducted by the court without a jury and shall be confined to the petition, the answer, and any records or documents submitted with the petition or the answer, except that in cases of alleged irregularities in procedure by the sheriff the court may take testimony that the court determines is appropriate.

SB214-SSA3,25,25 (f) The court shall affirm the sheriff's action unless the court finds any of the following:

SB214-SSA3,26,1 1. That the sheriff failed to follow procedure prescribed under this section.

SB214-SSA3,26,3 2. That the sheriff erroneously interpreted a provision of law and a correct interpretation compels a different action.

SB214-SSA3,26,5 3. That the sheriff's action depends on a finding of fact that is not supported by substantial evidence in the record.

SB214-SSA3,26,7 (g) The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.

SB214-SSA3,26,11 (15) License expiration and renewal. (a) Except as provided in sub. (9r) (b) 1. or (22s), a license issued under this section is valid for a period of 5 years from the date on which the license is issued unless the license is suspended or revoked under sub. (9g) (e) 1. or (14).

SB214-SSA3,26,18 (b) The department shall design a form notice of expiration and shall distribute the form to any sheriff who issues licenses under sub. (2) (a) or (c) for use under this paragraph. At least 90 days before the expiration date of a license issued under this section, the sheriff who issued the license shall mail to the licensee a notice of expiration and a form for renewing the license. Except as provided in sub. (22s), the sheriff shall renew the license if, before the date the license expires, the licensee does all of the following:

SB214-SSA3,26,19 1. Submits a renewal application on the form provided by the sheriff.

SB214-SSA3,26,22 2. Submits a notarized affidavit swearing under oath that the information provided under subd. 1. is true and complete to the best of his or her knowledge and that he or she is qualified under sub. (3).

SB214-SSA3,26,23 4. Pays all of the following:

SB214-SSA3,27,3 a. A fee set by the sheriff that does not exceed either the cost to the sheriff of renewing a license issued under this section, including the cost of equipment purchase or rental, or $75, whichever is less.

SB214-SSA3,27,4 b. The fee for a background check specified in sub. (9g) (c).

SB214-SSA3,27,5 c. A shooting range improvement fee of $15.

SB214-SSA3,27,6 d. A law enforcement excellence fund fee of $15.

SB214-SSA3,27,9 (c) The sheriff shall request that the department conduct a background check of a licensee as provided under sub. (9g) before renewing the licensee's license under par. (b).

SB214-SSA3,27,11 (d) 1. Except as provided in subd. 2., if an individual submits an application under par. (b) to renew an expired license he or she shall be assessed a late fee of $15.

SB214-SSA3,27,15 2. If an individual whose license has expired does not submit a renewal application under par. (b) before 6 months after the expiration date, the license shall permanently expire. An individual whose license has permanently expired may be issued a new license if he or she applies for a license under sub. (7).

SB214-SSA3,27,17 (16) Prohibited activity. (a) A licensee may not knowingly carry a concealed weapon in any of the following places:

SB214-SSA3,27,18 1. A place that has been declared a nuisance under ch. 823.

SB214-SSA3,27,22 2. A police station, sheriff's office, or state patrol station. This subdivision does not prohibit a peace officer who is acting within the scope of his or her employment from carrying a concealed weapon in a police station, sheriff's office, or state patrol station.

SB214-SSA3,27,23 3. A prison, jail, house of correction, or secured correctional facility.

SB214-SSA3,27,24 4. A courthouse.

SB214-SSA3,28,3 5. A place at which a school, college, or professional athletic event is taking place, unless the event is related to firearms and the licensee is a participant in the event.

SB214-SSA3,28,4 6. A school administration building.

SB214-SSA3,28,6 7. Any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, unless one of the following applies:

SB214-SSA3,28,7 a. The licensee is a person described in s. 941.237 (3) (a), (b), (c), (cm), or (d).

SB214-SSA3,28,9 b. If the licensee is carrying a handgun, his or her possession of the handgun is described in s. 941.237 (3) (e), (f), (g), (h), (i), or (j).

SB214-SSA3,28,11 8. An airport, unless the weapon is encased for shipment as baggage to be transported by aircraft.

SB214-SSA3,28,12 9. A place in which carrying the weapon is prohibited by federal law.

SB214-SSA3,28,14 10. A building or part of a building that is used primarily for religious worship or another religious purpose.

SB214-SSA3,28,16 11. A building or part of a building that is used primarily to provide child care services.

SB214-SSA3,28,17 12. A health care facility, as defined in s. 150.84 (2).

SB214-SSA3,28,19 13. A building or part of a building that is used for domestic violence victim's services or for a safe haven for victims of domestic violence.

SB214-SSA3,28,21 14. A building or part of a building that is used to provide services for victims of sexual assault.

SB214-SSA3,28,22 15. A financial institution, as defined in s. 214.01 (1) (jn).

SB214-SSA3,28,24 16. A building owned by a university or college or owned by the state and used by a university or college.

SB214-SSA3,28,25 17. An amusement park.

SB214-SSA3,29,1 18. A public building, as defined in s. 101.01 (12).

SB214-SSA3,29,3 19. A building owned or leased by the state or any political subdivision of the state.

SB214-SSA3,29,4 20. A theater or stadium if any of the following applies:

SB214-SSA3,29,5 a. Alcohol is served or sold in the theater or stadium.

SB214-SSA3,29,6 b. The minimum seating capacity is 500 people.

SB214-SSA3,29,7 21. A polling place, as defined in s. 5.02 (15).

SB214-SSA3,29,8 22. An indoor shopping mall.

SB214-SSA3,29,9 23. A workplace in which the employer prohibits carrying concealed weapons.

SB214-SSA3,29,12 24. A place of business at which the owner has posted a sign prohibiting patrons from carrying concealed weapons into the place of business if the sign is located in a prominent place near the primary entrance to the business.

SB214-SSA3,29,13 25. A place that the department specifies by rule under sub. (22m).

SB214-SSA3,29,16 (b) A licensee may not knowingly carry a handgun in a school zone, as defined in s. 948.605 (1) (c), unless he or she is not in or on the grounds of a school, as defined in s. 948.61 (1) (b), and one of the following applies:

SB214-SSA3,29,17 1. The individual is in a motor vehicle or on a snowmobile or bicycle.