AB763-ASA1,32,15 4(9r) Emergency license. (a) Unless the department knows that the person is
5not qualified for a license under sub. (3) (a) to (g) or (i) to (s), the department shall
6issue a license under this section to an individual who does not satisfy the
7requirements under sub. (3) (h) 1. if the department determines that immediate
8licensure is warranted to protect the individual from death or great bodily harm, as
9defined in s. 939.22 (14). If the individual has obtained a temporary restraining
10order or injunction under s. 813.12 or 813.125 or a foreign protection order that meets
11the requirements of s. 806.247 (2) and that has the same effect as an order issued
12under s. 813.12 or 813.125, the department shall presume that immediate licensure
13is warranted to protect the individual from death or great bodily harm. If the
14department issues a license under this paragraph it shall conduct an immediate
15background check under sub. (9g).
AB763-ASA1,32,1716 (b) 1. Except as provided in subd. 2. and par. (d), a license issued under par. (a)
17is valid for 120 days from the date on which it is issued and may not be renewed.
AB763-ASA1,32,2018 2. If the department learns that an individual to whom the department has
19issued a license under par. (a) does not qualify for a license under sub. (3) (c), (d), (e),
20(f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall revoke the license.
AB763-ASA1,33,221 (c) The department may waive the fees that would otherwise be required under
22sub. (7) (bd), (bh), and (bp) for an individual who is applying for a license under par.
23(a) if requiring the individual to pay the fees would create a hardship for the
24individual. The department shall promulgate rules specifying the procedures and
25definitions to apply when determining whether an individual is eligible for a waiver

1of the fees for an emergency license under this section as provided under this
2paragraph.
AB763-ASA1,33,63 (d) A person who has been issued a license under par. (a) may obtain a license
4under sub. (2) if he or she meets the qualifications specified under sub. (3) and
5completes the application process specified in sub. (7). A license issued to a person
6under par. (a) is void if the person is issued a license under sub. (2).
AB763-ASA1,33,9 7(10) Exemption from background check. Notwithstanding subs. (9) (a) and
8(15) (c), the department shall issue or renew a license under this section to any of the
9following individuals without requesting a background check:
AB763-ASA1,33,1010 (a) A law enforcement officer.
AB763-ASA1,33,1111 (b) A correctional officer.
AB763-ASA1,33,1212 (c) A probation, parole, and extended supervision agent.
AB763-ASA1,33,1413 (d) A person who holds a current certification from the law enforcement
14standards board under s. 165.85 (3) (c).
AB763-ASA1,33,20 15(11) Licensee information. (a) The department shall maintain a computerized
16record listing the names and the information specified in sub. (2m) (b) of all
17individuals who have been issued a license under this section. After entering all of
18the information, the department may not store, maintain, format, sort, or access the
19information in any way other than by the names, dates of birth, or sex of licensees
20or by the identification numbers assigned to licensees under sub. (2m) (b) 6.
AB763-ASA1,33,2321 (c) 1. The department shall provide information concerning a specific licensee
22to a law enforcement agency, but only if the law enforcement agency is requesting the
23information for any of the following purposes:
AB763-ASA1,33,2524 a. To confirm that a license produced by an individual at the request of a law
25enforcement officer is valid.
AB763-ASA1,34,3
1b. To confirm that the individual holds a valid license under this section, if the
2individual is going armed with a concealed weapon but is not carrying his or her
3license document and claims to hold a valid license issued under this section.
AB763-ASA1,34,74 c. To investigate whether an individual submitted an intentionally false
5notarized statement under sub. (7) (b) or (15) (b) 2., intentionally violated sub. (12)
6(a), or intentionally made a false statement to the department in connection with the
7individual's request for an emergency license under sub. (9r).
AB763-ASA1,34,138 2. If the department maintains information compiled under this section
9regarding licensees through the transaction information for the management of
10enforcement system and a law enforcement officer uses that system in the context
11of a vehicle stop that meets the requirements of s. 349.02 (2) (a), the law enforcement
12officer may obtain information from that system regarding the licensee's status as
13a licensee only for the purposes listed in subd. 1.
AB763-ASA1,34,1414 (d) 1. In this paragraph:
AB763-ASA1,34,1715 a. "Clerk" means the clerk of the circuit court or, if it has enacted a law or an
16ordinance in conformity with s. 346.63, the clerk of the court for a federally
17recognized American Indian tribe or band in this state, a city, a village, or a town.
AB763-ASA1,34,1918 b. "Court automated information systems" means the systems under s. 758.19
19(4).
AB763-ASA1,34,2420 2. The court automated information systems, or the clerk or register in probate,
21if the information is not contained in or cannot be transmitted by the court
22automated information systems, shall promptly notify the department of the name
23of any individual with respect to whom any of the following occurs and the specific
24reason for the notification:
AB763-ASA1,35,5
1a. The individual is charged with a felony, a misdemeanor crime of violence, a
2violation of ch. 961, the solicitation, conspiracy, or attempt to commit any violation
3of ch. 961, a violation of s. 941.20 (1) (b), a violation of sub. (17) (c), (d), or (e), or any
4other crime that, upon conviction, would disqualify the individual from having a
5license under this section.
AB763-ASA1,35,66 b. The individual is charged with a drunk driving offense.
AB763-ASA1,35,87 c. The individual is found by a court to have committed any offense described
8in subd. 2. a. or b.
AB763-ASA1,35,109 d. Prosecution of a felony or a misdemeanor crime of violence for which the
10individual is charged is suspended under a deferred prosecution agreement.
AB763-ASA1,35,1111 e. The individual is found incompetent under s. 971.14.
AB763-ASA1,35,1312 f. The individual is found not guilty of any crime by reason of mental disease
13or mental defect under s. 971.17.
AB763-ASA1,35,1514 g. The individual is involuntarily committed for treatment under s. 51.20 or
1551.45.
AB763-ASA1,35,1616 h. The individual is found incompetent under ch. 880.
AB763-ASA1,35,1817 i. The individual becomes subject to an injunction described in s. 941.29 (1) (f)
18or is ordered not to possess a firearm under s. 813.125 (4m).
AB763-ASA1,35,2019 j. A court has prohibited the individual from possessing a dangerous weapon
20under s. 969.02 (3) (c).
AB763-ASA1,35,2321 3. Upon receiving a notice under subd. 2., the department shall immediately
22determine if the individual who is the subject of the notice is a licensee, using the list
23maintained under par. (a).
AB763-ASA1,36,3
1(12) Updated information. (a) Within 10 days after being charged under
2federal law or the law of another state with any crime or any drunk driving offense,
3a licensee shall notify the department of the charge.
AB763-ASA1,36,64 (b) No later than 30 days after changing his or her address, a licensee shall
5inform the department of his or her new address. The department shall include the
6individual's new address in the list under sub. (11) (a).
AB763-ASA1,36,12 7(13) Lost or destroyed license. No later than 30 days after losing his or her
8license document or after his or her license document is destroyed, a licensee shall
9submit to the department a notarized statement that his or her license document has
10been lost or destroyed. The department shall issue a replacement license document
11within 14 days of receiving the notarized statement and a replacement license fee of
12$15.
AB763-ASA1,36,15 13(14) License revocation and suspension. (a) The department shall revoke a
14license issued under this section if the licensee no longer meets all of the criteria
15specified in sub. (3) (b) to (g), (i) to (n), and (p) to (s).
AB763-ASA1,36,1716 (am) 1. If any of the following occurs with respect to a licensee, the department
17shall suspend the licensee's license:
AB763-ASA1,36,1918 a. The licensee is the subject of a pending civil or criminal case, the disposition
19of which could require revocation of his or her license under par. (a).
AB763-ASA1,36,2120 b. A court has prohibited the licensee from possessing a dangerous weapon
21under s. 969.02 (3) (c).
AB763-ASA1,36,2522 2. If the department suspends a license under subd. 1., and, upon disposition
23of the case, the person to whom the license was issued meets all of the criteria
24specified in sub. (3), the department shall restore the license within 14 days of
25receiving the disposition.
AB763-ASA1,37,2
1(b) 1. If the department revokes or suspends a license under this section, the
2revocation or suspension shall take effect immediately.
AB763-ASA1,37,83 2. If the department suspends or revokes a license issued under this section,
4it shall send the individual whose license has been suspended or revoked notice of
5the suspension or revocation by certified mail within one day after the suspension
6or revocation. Within 7 days after receiving the notice, the individual whose license
7has been suspended or revoked shall deliver the license document personally or by
8certified mail to the department.
AB763-ASA1,37,12 9(14g) Departmental review. The department shall promulgate rules providing
10for the review of any action by the department denying an application for a license
11under this section, suspending or revoking a license under this section, or denying
12certification as an instructor under sub. (3m) (b).
AB763-ASA1,37,17 13(14m) Appeals to the circuit court. (a) A person aggrieved by any action by
14the department denying an application for a license under this section, suspending
15or revoking a license under this section, or denying certification as an instructor
16under sub. (3m) (b) may appeal directly to the circuit court of his or her county, but
17only if the person has completed the review process established under sub. (14g).
AB763-ASA1,37,2418 (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 completion of the review process established under sub. (14g). The petition shall
21state the substance of the department's action that the person is appealing from and
22the grounds upon which the person believes the department's action to be improper.
23The petition may include a copy of any records or documents that are relevant to the
24grounds upon which the person believes the department's action to be improper.
AB763-ASA1,38,3
1(c) A copy of the petition shall be served upon the department either personally
2or by registered or certified mail within 5 days after the person files his or her petition
3under par. (b).
AB763-ASA1,38,74 (d) The department shall file an answer within 15 days after being served with
5the petition under par. (c). The answer shall include a brief statement of the actions
6taken by the department. A copy of any documents or records on which the
7department based its action shall be included with the answer when filed.
AB763-ASA1,38,138 (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
13department the court may take testimony that the court determines is appropriate.
AB763-ASA1,38,1514 (f) The court shall affirm the department's action unless the court finds any of
15the following:
AB763-ASA1,38,1616 1. That the department failed to follow procedure prescribed under this section.
AB763-ASA1,38,1817 2. That the department erroneously interpreted a provision of law and a correct
18interpretation compels a different action.
AB763-ASA1,38,2019 3. That the department's action depends on a finding of fact that is not
20supported by substantial evidence in the record.
AB763-ASA1,38,2221 (g) 1. The court's decision shall provide whatever relief is appropriate
22regardless of the original form of the petition.
AB763-ASA1,38,2523 2. If the court overturns the department's decision under sub. (3m) (b), the court
24shall order the department to pay the aggrieved person all court costs and reasonable
25attorney fees.
AB763-ASA1,39,4
1(15) License expiration and renewal. (a) Except as provided in par. (e) and
2sub. (9r) (b) 1., a license issued under this section is valid for a period of 5 years from
3the date on which the license is issued unless the license is suspended or revoked
4under sub. (9g) (e) 1. or (14).
AB763-ASA1,39,95 (b) The department shall design a notice of expiration form. At least 90 days
6before the expiration date of a license issued under this section, the department shall
7mail to the licensee a notice of expiration form and a form for renewing the license.
8The department shall renew the license if, before the date the license expires, the
9licensee does all of the following:
AB763-ASA1,39,1010 1. Submits a renewal application on the form provided by the department.
AB763-ASA1,39,1311 2. Submits a notarized statement reporting that the information provided
12under subd. 1. is true and complete to the best of his or her knowledge and that he
13or she is qualified under sub. (3).
AB763-ASA1,39,1414 4. Pays all of the following:
AB763-ASA1,39,1515 a. A $27 renewal fee.
AB763-ASA1,39,1616 b. A fee for a background check of $8.
AB763-ASA1,39,1917 c. A shooting range improvement fee of $15 written as a separate check, made
18out to the applicant's county of residence, that the department shall forward to that
19county on at least a quarterly basis.
AB763-ASA1,39,2120 (c) The department shall conduct a background check of a licensee as provided
21under sub. (9g) before renewing the licensee's license under par. (b).
AB763-ASA1,39,2522 (d) If an individual whose license has expired does not submit a renewal
23application under par. (b) before 6 months after the expiration date, the license shall
24permanently expire. An individual whose license has permanently expired may
25apply for a new license under sub. (7).
AB763-ASA1,40,4
1(e) The license of a member of the U.S. armed forces, a reserve unit of the armed
2forces, or the national guard who is deployed overseas while on active duty may not
3expire until at least 90 days after the end of the licensee's overseas deployment
4unless the license is suspended or revoked under sub. (9g) (e) 1. or (14).
AB763-ASA1,40,9 5(15m) Private employer restrictions. (a) Except as provided in par. (b), a
6private employer may prohibit a licensee or an out-of-state licensee that it employs
7from carrying a concealed weapon or a particular type of concealed weapon in the
8course of the licensee's or out-of-state licensee's employment or during any part of
9the licensee's or out-of-state licensee's course of employment.
AB763-ASA1,40,1310 (b) A private employer may not prohibit a licensee or an out-of-state licensee,
11as a condition of employment, from carrying a concealed weapon or a particular type
12of concealed weapon in the licensee's or out-of-state licensee's own motor vehicle,
13regardless of whether the motor vehicle is used in the course of employment.
AB763-ASA1,40,15 14(16) Prohibited activity. (a) Neither a licensee nor an out-of-state licensee
15may knowingly carry a concealed weapon in any of the following places:
AB763-ASA1,40,1616 1. A place that has been declared a nuisance under ch. 823.
AB763-ASA1,40,2017 2. A police station, sheriff's office, or state patrol station. This subdivision does
18not prohibit a peace officer who is acting within the scope of his or her employment
19from carrying a concealed weapon in a police station, sheriff's office, or state patrol
20station.
AB763-ASA1,40,2121 3. A prison, jail, house of correction, or secured correctional facility.
AB763-ASA1,40,2522 4. A courthouse, except that a judge who is a licensee may carry a concealed
23weapon in a courthouse in which he or she is presiding in court and may permit in
24writing any other licensee or out-of-state licensee to carry a concealed weapon in a
25courthouse in which he or she is presiding in court.
AB763-ASA1,41,3
15. A place at which a school, college, or professional athletic event is taking
2place, unless the event is related to firearms and the licensee or out-of-state licensee
3is a participant in the event.
AB763-ASA1,41,44 6. A school administration building.
AB763-ASA1,41,65 7. Any premises for which a Class "B" or "Class B" license or permit has been
6issued under ch. 125, unless one of the following applies:
AB763-ASA1,41,87 a. The licensee or the out-of-state licensee is a person described in s. 941.237
8(3) (a), (b), (c), (cm), or (d).
AB763-ASA1,41,109 b. If the licensee or the out-of-state licensee is carrying a handgun, his or her
10possession of the handgun is described in s. 941.237 (3) (e), (f), (g), (h), (i), or (j).
AB763-ASA1,41,1311 c. The sale of intoxicating liquors or fermented malt beverages or both on those
12premises accounts for not more than 50 percent of the proprietor's annual gross
13receipts from those premises.
AB763-ASA1,41,1514 8. In or beyond a security checkpoint in an airport, unless the weapon is
15encased for shipment as baggage to be transported by aircraft.
AB763-ASA1,41,1616 9. A place in which carrying the weapon is prohibited by federal law.
AB763-ASA1,41,1717 10. A kindergarten facility or classroom.
AB763-ASA1,41,2318 (at) Neither a licensee nor an out-of-state licensee may carry a concealed
19weapon in a building owned or leased by the state or any political subdivision of the
20state if the building provides electronic screening for weapons at all public entrances
21to the building and for the locked storage of weapons on the premises while the
22licensee or out-of-state licensee is in the building. This paragraph does not apply
23to:
AB763-ASA1,41,2524 1. Peace officers or armed forces or military personnel who go armed in the line
25of duty.
AB763-ASA1,42,2
12. A person authorized to carry a weapon in the building by the chief of police
2of the city, village, or town or the sheriff of the county in which the building is located.
AB763-ASA1,42,43 3. A person authorized to carry a weapon in the building by the chief of the
4capitol police, if the building is owned or leased by the state.
AB763-ASA1,42,85 (b) Neither a licensee nor an out-of-state licensee may knowingly carry a
6handgun in a school zone, as defined in s. 948.605 (1) (c), unless he or she is not in
7or on the grounds of a school, as defined in s. 948.61 (1) (b), and one of the following
8applies:
AB763-ASA1,42,99 1. The individual is in a motor vehicle or on a snowmobile or bicycle.
AB763-ASA1,42,1110 2. The individual has exited a motor vehicle and is encasing the handgun or
11storing it in the motor vehicle.
AB763-ASA1,42,1412 3. The individual is traveling directly to any person's private property from his
13or her place of employment or business, from any person's private property, or from
14a place outside of the school zone.
AB763-ASA1,42,1715 4. The individual is traveling directly to his or her place of employment or
16business from another place of his or her employment or business, from any person's
17private property, or from a place outside of the school zone.
Loading...
Loading...