AB763-ASA2,17,13 9(2) Issuance of license. The department shall issue licenses to carry a
10concealed weapon to an individual who meets the qualifications specified in sub. (3)
11and who completes the application process specified in sub. (7). A license to carry a
12concealed weapon issued under this section shall meet the requirements specified in
13sub. (2m).
AB763-ASA2,17,17 14(2g) Carrying a concealed weapon; carrying and display of license document
15or authorization.
(a) A licensee or an out-of-state licensee may carry a concealed
16weapon anywhere in this state except as provided under sub. (15m) or (16) or s.
17941.20 (1) (b) or 943.13 (1m) (c).
AB763-ASA2,17,2018 (b) A licensee shall carry his or her license document and photo identification
19card and an out-of-state licensee shall carry his or her out-of-state authorization
20at all times during which he or she is going armed with a concealed weapon.
AB763-ASA2,17,2421 (c) If he or she is carrying a concealed weapon, a licensee shall display his or
22her license document and photo identification card and an out-of-state licensee shall
23display his or her out-of-state authorization to a law enforcement officer upon the
24request of the law enforcement officer.
AB763-ASA2,18,5
1(2i) Preliminary breath screening test. (a) Requirement. A person shall
2provide a sample of his or her breath for a preliminary breath screening test if a law
3enforcement officer has probable cause to believe that the person is violating sub.
4(16) (cm) 1. and if, prior to an arrest, the law enforcement officer requested that the
5person provide this sample.
AB763-ASA2,18,106 (b) Use of test results. A law enforcement officer may use the results of a
7preliminary breath screening test for the purpose of deciding whether or not to arrest
8a person for a violation of sub. (16) (cm) 1. or for the purpose of deciding whether or
9not to request a chemical test under sub. (2k). Following the preliminary breath
10screening test, chemical tests may be required of the person under sub. (2k).
AB763-ASA2,18,1411 (c) Admissibility. The result of a preliminary breath screening test is not
12admissible in any action or proceeding except to show probable cause for an arrest,
13if the arrest is challenged, or to show that a chemical test was properly required of
14a person under sub. (2k).
AB763-ASA2,18,1615 (d) Refusal. There is no penalty for a violation of par. (a). Neither sub. (17) (b)
16nor the general penalty provision under s. 939.61 applies to that violation.
AB763-ASA2,18,22 17(2j) Implied consent. Any person who carries a concealed weapon in this state
18is deemed to have given consent to provide one or more samples of his or her breath,
19blood, or urine for the purpose of authorized analysis as required under sub. (2k).
20Any person who carries a concealed weapon in this state is deemed to have given
21consent to submit to one or more chemical tests of his or her breath, blood, or urine
22for the purpose of authorized analysis as required under sub. (2k).
AB763-ASA2,19,5 23(2k) Chemical tests. (a) Requirement. 1. `Samples; submission to tests.' A
24person shall provide one or more samples of his or her breath, blood, or urine for the
25purpose of authorized analysis if he or she is arrested for a violation of sub. (16) (cm)

11. and if he or she is requested to provide the sample by a law enforcement officer.
2A person shall submit to one or more chemical tests of his or her breath, blood, or
3urine for the purpose of authorized analysis if he or she is arrested for a violation of
4sub. (16) (cm) 1. and if he or she is requested to submit to the test by a law
5enforcement officer.
AB763-ASA2,19,96 2. `Information.' A law enforcement officer requesting a person to provide a
7sample or to submit to a chemical test under subd. 1. shall inform the person of all
8of the following at the time of the request and prior to obtaining the sample or
9administering the test:
AB763-ASA2,19,1010 a. That he or she is deemed to have consented to tests under sub. (2i).
AB763-ASA2,19,1311 b. That a refusal to provide a sample or to submit to a chemical test constitutes
12a violation under par. (e) and is subject to the same penalties and procedures as a
13violation of sub. (16) (cm) 1.
AB763-ASA2,19,1514 c. That in addition to the designated chemical test under par. (b) 2. he or she
15may have an additional chemical test under par. (c) 1.
AB763-ASA2,19,2116 3. `Unconscious person.' A person who is unconscious or otherwise not capable
17of withdrawing consent is presumed not to have withdrawn consent under this
18paragraph, and if a law enforcement officer has probable cause to believe that the
19person violated sub. (16) (cm) 1., one or more chemical tests may be administered to
20the person without a request under subd. 1. and without providing information
21under subd. 2.
AB763-ASA2,20,222 (b) Chemical tests. 1. `Test facility.' Upon the request of a law enforcement
23officer, a test facility shall administer a chemical test of breath, blood, or urine for
24the purpose of authorized analysis. A test facility shall be prepared to administer
252 of the 3 chemical tests of breath, blood, or urine for the purpose of authorized

1analysis. The department may enter into agreements for the cooperative use of test
2facilities.
AB763-ASA2,20,53 2. `Designated chemical test.' A test facility shall designate one chemical test
4of breath, blood, or urine which it is prepared to administer first for the purpose of
5authorized analysis.
AB763-ASA2,20,96 3. `Additional chemical test.' A test facility shall specify one chemical test of
7breath, blood, or urine, other than the test designated under subd. 2., which it is
8prepared to administer for the purpose of authorized analysis as an additional
9chemical test.
AB763-ASA2,20,2010 4. `Validity; procedure.' A chemical test of blood or urine conducted for the
11purpose of authorized analysis is valid as provided under s. 343.305 (6). The duties
12and responsibilities of the laboratory of hygiene, department of health and family
13services, and department of transportation under s. 343.305 (6) apply to a chemical
14test of blood or urine conducted for the purpose of authorized analysis under this
15subsection. Blood may be withdrawn from a person arrested for a violation of sub.
16(16) (cm) 1. only by a physician, registered nurse, medical technologist, physician
17assistant, or person acting under the direction of a physician and the person who
18withdraws the blood, the employer of that person, and any hospital where blood is
19withdrawn have immunity from civil or criminal liability as provided under s.
20895.53.
AB763-ASA2,21,321 5. `Report.' A test facility which administers a chemical test of breath, blood,
22or urine for the purpose of authorized analysis under this subsection shall prepare
23a written report which shall include the findings of the chemical test, the
24identification of the law enforcement officer or the person who requested a chemical
25test, and the identification of the person who provided the sample or submitted to the

1chemical test. The test facility shall transmit a copy of the report to the law
2enforcement officer and the person who provided the sample or submitted to the
3chemical test.
AB763-ASA2,21,104 (c) Additional and optional chemical tests. 1. `Additional chemical test.' If a
5person is arrested for a violation of sub. (16) (cm) 1. and if the person is requested to
6provide a sample or to submit to a test under par. (a) 1., the person may request the
7test facility to administer the additional chemical test specified under par. (b) 3. or,
8at his or her own expense, reasonable opportunity to have any qualified person
9administer a chemical test of his or her breath, blood, or urine for the purpose of
10authorized analysis.
AB763-ASA2,21,1811 2. `Optional test.' If a person is arrested for a violation of sub. (16) (cm) 1. and
12if the person is not requested to provide a sample or to submit to a test under par. (a)
131., the person may request the test facility to administer a chemical test of his or her
14breath or, at his or her own expense, reasonable opportunity to have any qualified
15person administer a chemical test of his or her breath, blood, or urine for the purpose
16of authorized analysis. If a test facility is unable to perform a chemical test of breath,
17the person may request the test facility to administer the designated chemical test
18under par. (b) 2. or the additional chemical test under par. (b) 3.
AB763-ASA2,21,2019 3. `Compliance with request.' A test facility shall comply with a request under
20this paragraph to administer any chemical test that it is able to perform.
AB763-ASA2,21,2421 4. `Inability to obtain chemical test.' The failure or inability of a person to
22obtain a chemical test at his or her own expense does not preclude the admission of
23evidence of the results of a chemical test required and administered under pars. (a)
24and (b).
AB763-ASA2,22,8
1(d) Admissibility; effect of test results; other evidence. The results of a chemical
2test required or administered under par. (a), (b), or (c) are admissible in any civil or
3criminal action or proceeding arising out of the acts committed by a person alleged
4to have violated sub. (16) (cm) 1. on the issue of whether the person had alcohol
5concentrations at or above specified levels or was under the influence of an
6intoxicant. Results of these chemical tests shall be given the effect required under
7s. 885.235. This subsection does not limit the right of a law enforcement officer to
8obtain evidence by any other lawful means.
AB763-ASA2,22,159 (e) Refusal. No person may refuse a lawful request to provide one or more
10samples of his or her breath, blood, or urine or to submit to one or more chemical tests
11under par. (a). A person shall not be deemed to refuse to provide a sample or to submit
12to a chemical test if it is shown by a preponderance of the evidence that the refusal
13was due to a physical inability to provide the sample or to submit to the test due to
14a physical disability or disease unrelated to the use of an intoxicant. Issues in any
15action concerning a violation of par. (a) or this paragraph are limited to:
AB763-ASA2,22,1716 1. Whether the law enforcement officer had probable cause to believe the
17person was violating or had violated sub. (16) (cm) 1.
AB763-ASA2,22,1918 2. Whether the person was lawfully placed under arrest for violating sub. (16)
19(cm) 1.
AB763-ASA2,22,2320 3. Whether the law enforcement officer requested the person to provide a
21sample or to submit to a chemical test and provided the information required under
22par. (a) 2. or whether the request and information were unnecessary under par. (a)
233.
AB763-ASA2,22,2524 4. Whether the person refused to provide a sample or to submit to a chemical
25test.
AB763-ASA2,23,5
1(2m) License document; content of license. (a) Subject to pars. (b), (c), and
2(d), the department shall design a single license document for licenses issued and
3renewed under this section. The department shall complete the design of the license
4document no later than the first day of the 2nd month beginning after the effective
5date of this paragraph .... [revisor inserts date].
AB763-ASA2,23,76 (b) A license document for a license issued under this section shall contain all
7of the following on one side:
AB763-ASA2,23,88 1. The full name, date of birth, and residence address of the licensee.
AB763-ASA2,23,109 2. A physical description of the licensee, including sex, height, weight, and hair
10and eye color.
AB763-ASA2,23,1111 3. The date on which the license was issued.
AB763-ASA2,23,1212 4. The date on which the license expires.
AB763-ASA2,23,1313 5. The name of this state.
AB763-ASA2,23,1414 6. A unique identification number for each licensee.
AB763-ASA2,23,1515 (c) The license document may not contain the licensee's social security number.
AB763-ASA2,23,1916 (d) A license document issued under this section shall be, to the maximum
17extent possible, tamper proof. The contents of the license document shall be included
18in the document in substantially the same way that the contents of an operator's
19license document issued under s. 343.17 are included in that document.
AB763-ASA2,23,21 20(3) Qualifications for obtaining a license. An individual is eligible for a
21license under this section if all of the following apply:
AB763-ASA2,23,2222 (a) The individual is at least 21 years of age.
AB763-ASA2,24,623 (b) The individual does not have a severe physical disability that prevents him
24or her from safely handling a weapon and that, if the individual were handling a
25weapon, would cause the individual to a pose a significant public safety risk. The

1department may determine that a person is ineligible for a license under this
2paragraph only if the form that the person has submitted under (7) (d) does not
3indicate that the person is eligible. The department may override an indication on
4a form submitted under sub. (7) (d) that a person is not eligible for a license under
5this paragraph. This paragraph does not apply to a person certified under sub. (3m)
6(b) as an instructor of a firearm training or firearm safety course or class.
AB763-ASA2,24,87 (c) The individual is not prohibited under federal law from possessing a firearm
8that has been transported in interstate or foreign commerce.
AB763-ASA2,24,99 (d) The individual is not prohibited from possessing a firearm under s. 941.29.
AB763-ASA2,24,1110 (e) During the preceding 3 years, the individual has not been committed under
11s. 51.20 for being drug dependent.
AB763-ASA2,24,1512 (f) During the preceding 3 years, the individual has not been convicted for any
13violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch.
14961 or of a federal law or a law of another state that is comparable to any provision
15of ch. 961.
AB763-ASA2,24,2016 (g) The individual does not chronically and habitually use alcohol beverages or
17other substances to the extent that his or her normal faculties are impaired. A person
18is presumed chronically and habitually to use alcohol beverages or other substances
19to the extent that his or her normal faculties are impaired if, within the preceding
203 years, any of the following applies:
AB763-ASA2,24,2221 1. The individual has been committed for involuntary treatment under s. 51.45
22(13).
AB763-ASA2,24,2323 2. The individual has been convicted of a violation of s. 941.20 (1) (b).
AB763-ASA2,24,2524 3. In 2 or more cases arising out of separate incidents, a court has found the
25individual to have committed a drunk driving offense.
AB763-ASA2,25,1
1(h) 1. The individual has done one of the following:
AB763-ASA2,25,52 a. Successfully completed a firearm training or firearm safety course or class
3that meets the requirements of sub. (3m) (a) and that is conducted by an instructor
4certified by the state in which the course or class was conducted or by a national or
5state organization that certifies firearms instructors.
AB763-ASA2,25,96 b. Participated in organized shooting competitions or military, law
7enforcement, or security training that gave the applicant experience with firearms
8that the department determines is substantially equivalent to any course or class
9that meets the requirements of sub. (3m) (a).
AB763-ASA2,25,1110 c. Been certified as described under sub. (3m) (b) as an instructor of a firearm
11training or firearm safety course or class.
AB763-ASA2,25,1412 2. If subd. 1. a. or b. applies, the person providing the training or organizing
13a shooting competition in which the person has competed shall complete the form
14designed by the department under sub. (5) (b).
AB763-ASA2,25,1815 (i) The individual has not been found incompetent under ch. 880 or, if the
16individual has been found incompetent under ch. 880, he or she was subsequently
17found to be competent and at least 5 years have elapsed from the date that he or she
18was found to be competent.
AB763-ASA2,25,2119 (im) The individual was not the subject of a protective placement under s. 55.06
20as a minor unless at least 5 years have elapsed from the date on which his or her
21protective placement ended.
AB763-ASA2,26,222 (j) The individual has not been involuntarily committed for treatment under
23s. 51.20 due to mental illness or a developmental disability or, if the individual has
24been involuntarily committed for treatment under s. 51.20 due to mental illness or
25a developmental disability, he or she shows, through evidence from a psychiatrist

1licensed in this state, that he or she has not been disabled due to mental illness or
2a developmental disability for at least 5 years.
AB763-ASA2,26,43 (k) The individual has not been found incompetent under s. 971.14 or, if the
4individual has been found incompetent under s. 971.14, one of the following applies:
AB763-ASA2,26,65 1. He or she was subsequently found to be competent and at least 5 years have
6elapsed from the date that he or she was found to be competent.
AB763-ASA2,26,97 2. He or she was not subsequently found to be competent and he or she shows,
8through evidence from a psychiatrist licensed in this state, that he or she has not
9been disabled due to mental illness or a developmental disability for at least 5 years.
AB763-ASA2,26,1410 (L) The individual has not been found not guilty by reason of mental disease
11or defect under s. 971.17 or, if the individual has been found not guilty by reason of
12mental disease or defect under s. 971.17, he or she presents evidence from a
13psychiatrist licensed in this state that he or she has not been disabled due to mental
14illness or a developmental disability for at least 5 years.
AB763-ASA2,26,1815 (m) Within the preceding 3 years, the individual was not convicted of a
16misdemeanor crime of violence or was not serving a sentence, on probation, or subject
17to a dispositional order under ch. 938 for committing a misdemeanor crime of
18violence.
AB763-ASA2,26,2119 (mm) The individual has not been convicted of a misdemeanor violation of s.
20940.32, 1999 stats., or a misdemeanor violation of a federal law or a law of another
21state that is comparable to s. 940.32.
AB763-ASA2,26,2322 (mr) The individual has not been prohibited from obtaining a license under sub.
23(10m) based on the individual having committed a misdemeanor crime of violence.
AB763-ASA2,27,3
1(n) The individual has not been charged with a felony or a misdemeanor crime
2of violence for which the prosecution was suspended under a deferred prosecution
3agreement unless 3 years have elapsed since the date of the agreement.
AB763-ASA2,27,64 (o) The individual is not the subject of any pending civil or criminal case, the
5disposition of which could disqualify him or her from having a license under this
6subsection.
AB763-ASA2,27,117 (p) The individual has not previously submitted an application for a license
8under this section and had the application denied, unless each reason for the denial
9is no longer applicable because of changed circumstances or, if the denial was based
10on a restriction under this subsection that applies for a specified period of time,
11because that time period has run.
AB763-ASA2,27,1612 (q) The individual has not had a license that was issued under this section
13revoked, unless each reason for the revocation is no longer applicable because of
14changed circumstances or, if the revocation was based on a restriction under this
15subsection that applies for a specified period of time, because that time period has
16run.
AB763-ASA2,27,2017 (r) Within the preceding 3 years, the individual was not convicted under sub.
18(17) (c), (d), or (e) and was not serving a sentence, on probation, or subject to a
19dispositional order under ch. 938 for committing an offense under sub. (17) (c), (d),
20or (e).
AB763-ASA2,27,2121 (s) The individual is a Wisconsin resident.
AB763-ASA2,27,23 22(3m) Course or class requirements. (a) A firearm training or firearm safety
23course or class under sub. (3) (h) 1. a. shall consist of all of the following:
AB763-ASA2,27,2424 1. Instruction on how to handle, load, unload, and store handguns.
AB763-ASA2,28,2
12. Instruction on the privilege of self-defense and the defense of others under
2s. 939.48.
AB763-ASA2,28,43 3. Instruction on how to avoid injuring 3rd parties when defending himself,
4herself, or others in a manner that is privileged under s. 939.48.
AB763-ASA2,28,55 4. Instruction on basic self-defense principles.
AB763-ASA2,28,66 5. Instruction on how to carry a concealed handgun safely.
AB763-ASA2,28,77 6. Instruction on firing a handgun.
AB763-ASA2,28,88 7. Practice firing a handgun.
AB763-ASA2,28,119 (am) The department may not specify the number of hours of instruction, either
10in the aggregate or with respect to any of the individual topics specified in par. (a)
111. to 7., that a course or class must provide.
AB763-ASA2,28,1512 (b) The department shall certify instructors who are qualified to teach a course
13or class described in par. (a) and maintain a list of instructors that it certifies. To be
14certified by the department as an instructor, a person must meet all of the following
15criteria:
AB763-ASA2,28,1616 1. Be qualified under sub. (3) to carry a concealed weapon.
AB763-ASA2,28,1817 2. Be able to demonstrate the ability and knowledge required for instructing
18students under par. (a) 1. to 7.
AB763-ASA2,29,4 19(5) Application, renewal, and training forms. (a) The department shall design
20an application form for use by individuals who apply for a license under this section
21and a renewal form for use by individuals applying for renewal of a license under sub.
22(15). The department shall complete the design of the application form no later than
23the first day of the 2nd month beginning after the effective date of this subsection ....
24[revisor inserts date], and shall complete the design of the renewal form no later than
25the first day of the 36th month beginning after the effective date of this subsection

1.... [revisor inserts date]. The forms shall require the applicant to provide only his
2or her name, address, date of birth, state identification card number, race, sex,
3height, weight, and hair and eye color and the registration number for each motor
4vehicle registered in the applicant's name and shall include all of the following:
AB763-ASA2,29,65 1. A statement that the applicant is eligible for a license if the requirements
6specified in sub. (3) are met.
AB763-ASA2,29,97 2. A statement explaining the privilege of self-defense and defense of others
8under s. 939.48, with a place for the applicant to sign his or her name to indicate that
9he or she has read and understands the statement.
AB763-ASA2,29,1110 3. A statement, with a place for the applicant to sign his or her name, to indicate
11that the applicant has read and understands the requirements of this section.
AB763-ASA2,29,1512 4. A statement that the application must include the notarized statement
13described under sub. (7) (b) and that an applicant may be prosecuted if he or she gives
14a false answer to any question on the application or submits a falsified document
15with the application.
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