LRBs0346/1
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2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 2005 SENATE BILL 403
December 5, 2005 - Offered by
Joint Committee on Finance.
SB403-SSA2,2,8
1An Act to renumber and amend 23.33 (3) (e), 29.089 (2), 29.091, 29.621 (4),
2440.26 (3m), 941.23, 941.235 (2), 941.295 (2) (d) and 943.13 (2);
to amend 51.20
3(13) (cv) 4., 51.20 (16) (gm), 51.30 (3) (a), 165.60, 165.82 (1) (intro.), 165.82 (2),
4175.35 (1) (at), 175.35 (2) (d), 175.35 (2g) (c) 4. a. and b., 175.35 (2k) (ar) 2.,
5813.12 (6) (am) 1., 813.122 (9) (am) 1., 813.125 (5r) (a), 885.235 (1g) (intro.),
6938.396 (8), 943.13 (1m) (b) and 943.13 (3); and
to create 23.33 (3) (e) 1., 23.33
7(3) (e) 2., 23.33 (3) (e) 3., 23.33 (3) (e) 4., 23.33 (3) (em), 29.089 (2) (a), 29.089 (2)
8(b), 29.089 (2) (c), 29.089 (2) (d), 29.091 (2), 29.621 (4) (a), 29.621 (4) (b), 29.621
9(4) (c), 29.621 (4) (d), 29.621 (6), 55.06 (17) (d), 59.25 (3) (u), 165.25 (11), 167.31
10(4) (ar), 175.35 (1) (am), 175.48, 175.49, 175.50, 341.175, 440.26 (3m) (a), 440.26
11(3m) (b), 440.26 (3m) (c), 440.26 (3m) (d), 885.235 (1g) (e), 938.396 (8m), 941.23
12(1), 941.23 (2) (a), 941.23 (2) (b), 941.23 (2) (c), 941.23 (2) (d), 941.23 (2) (e),
13941.23 (3), 941.235 (2) (c), 941.235 (2) (d), 941.235 (2) (e), 941.237 (3) (cr),
1941.237 (3) (ct), 941.237 (3) (cx), 941.29 (11), 941.295 (2) (d) 2., 941.295 (2g),
2941.295 (2r), 943.13 (1e) (bm), 943.13 (1e) (g), 943.13 (1m) (c), 943.13 (2) (bm),
3946.32 (3), 948.605 (2) (c) and 948.61 (3m) of the statutes;
relating to: carrying
4a concealed weapon, licenses authorizing persons to carry concealed weapons,
5possessing or transporting a firearm under certain circumstances, background
6checks for handgun purchases, photographic identification cards for retired law
7enforcement officers, requiring the exercise of rule-making authority,
8providing an exemption from rule-making authority, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB403-SSA2, s. 1
9Section
1. 23.33 (3) (e) of the statutes is renumbered 23.33 (3) (e) (intro.) and
10amended to read:
SB403-SSA2,2,1311
23.33
(3) (e) (intro.) With any firearm in his or her possession unless it is
12unloaded and enclosed in a carrying case
, or any bow unless it is unstrung or enclosed
13in a carrying case.
This paragraph does not apply to any of the following:
SB403-SSA2, s. 2
14Section
2. 23.33 (3) (e) 1. of the statutes is created to read:
SB403-SSA2,2,1615
23.33
(3) (e) 1. A person who is employed in this state by a public agency as a
16law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
SB403-SSA2, s. 3
17Section
3. 23.33 (3) (e) 2. of the statutes is created to read:
SB403-SSA2,2,1918
23.33
(3) (e) 2. A qualified out-of-state law enforcement officer, as defined in
19s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB403-SSA2, s. 4
20Section
4. 23.33 (3) (e) 3. of the statutes is created to read:
SB403-SSA2,2,2221
23.33
(3) (e) 3. A retired law enforcement officer, as defined in s. 941.23 (1) (f),
22to whom s. 941.23 (2) (c) 1. to 7. applies.
SB403-SSA2, s. 5
23Section
5. 23.33 (3) (e) 4. of the statutes is created to read:
SB403-SSA2,3,3
123.33
(3) (e) 4. A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
2licensee, as defined in s. 175.50 (1) (g), who possesses a handgun, as defined in s.
3175.50 (1) (bm).
SB403-SSA2,3,55
23.33
(3) (em) With any bow unless it is unstrung or enclosed in a carrying case.
SB403-SSA2, s. 7
6Section
7. 29.089 (2) of the statutes is renumbered 29.089 (2) (intro.) and
7amended to read:
SB403-SSA2,3,118
29.089
(2) (intro.) Except as provided in sub. (3), no person may have in his or
9her possession or under his or her control a firearm on land located in state parks or
10state fish hatcheries unless the firearm is unloaded and enclosed within a carrying
11case.
This subsection does not apply to any of the following:
SB403-SSA2, s. 8
12Section
8. 29.089 (2) (a) of the statutes is created to read:
SB403-SSA2,3,1413
29.089
(2) (a) A person who is employed in this state by a public agency as a
14law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
SB403-SSA2, s. 9
15Section
9. 29.089 (2) (b) of the statutes is created to read:
SB403-SSA2,3,1716
29.089
(2) (b) A qualified out-of-state law enforcement officer, as defined in s.
17941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB403-SSA2,3,2019
29.089
(2) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f),
20firearm to whom s. 941.23 (2) (c) 1. to 7. applies.
SB403-SSA2,3,2422
29.089
(2) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
23licensee, as defined in s. 175.50 (1) (g), if the firearm is a handgun, as defined in s.
24175.50 (1) (bm).
SB403-SSA2, s. 12
1Section
12. 29.091 of the statutes is renumbered 29.091 (1) and amended to
2read:
SB403-SSA2,4,103
29.091
(1) No person may hunt or trap within any wildlife refuge established
4under s. 23.09 (2) (b) or 29.621
(1), or
, except as provided in sub. (2), have possession
5or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded,
6the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
7within a carrying case. The taking of predatory game birds and animals shall be done
8as the department directs. All state wildlife refuge boundary lines shall be marked
9by posts placed at intervals of not over 500 feet and bearing signs with the words
10"Wisconsin Wildlife Refuge".
SB403-SSA2,4,1412
29.091
(2) The prohibition in sub. (1), as it relates to the possession or control
13of a loaded or unencased gun or firearm within a game refuge established under s.
1423.09 (2) (b), does not apply to any of the following:
SB403-SSA2,4,1615
(a) A person who is employed in this state by a public agency as a law
16enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
SB403-SSA2,4,1817
(b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1)
18(e), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB403-SSA2,4,2019
(c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s.
20941.23 (2) (c) 1. to 7. applies.
SB403-SSA2,4,2321
(d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as
22defined in s. 175.50 (1) (g), if the gun or firearm is a handgun, as defined in s. 175.50
23(1) (bm).
SB403-SSA2, s. 14
24Section
14. 29.621 (4) of the statutes is renumbered 29.621 (4) (intro.) and
25amended to read:
SB403-SSA2,5,9
129.621
(4) Protection. (intro.) Except as provided in s. 29.091
(1), no owner
2of a wildlife refuge, and no other person, may hunt or trap within the boundaries of
3any wildlife refuge or have in his or her possession or under his or her control in the
4wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded,
5the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
6within a carrying case.
Nothing in this section may prohibit, prevent or interfere
7with the department in the destruction of injurious animals.
This subsection, as it
8relates to the possession or control of a loaded or unencased firearm, does not apply
9to any of the following:
SB403-SSA2,5,1211
29.621
(4) (a) A person who is employed in this state by a public agency as a
12law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
SB403-SSA2,5,1514
29.621
(4) (b) A qualified out-of-state law enforcement officer, as defined in s.
15941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB403-SSA2,5,1817
29.621
(4) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f),
18to whom s. 941.23 (2) (c) 1. to 7. applies.
SB403-SSA2,5,2220
29.621
(4) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
21licensee, as defined in s. 175.50 (1) (g), if the gun or firearm is a handgun, as defined
22in s. 175.50 (1) (bm).
SB403-SSA2,5,2524
29.621
(6) Injurious animals. Nothing in this section may prohibit, prevent,
25or interfere with the department in the destruction of injurious animals.
SB403-SSA2, s. 20
1Section
20. 51.20 (13) (cv) 4. of the statutes is amended to read:
SB403-SSA2,6,112
51.20
(13) (cv) 4. If the court prohibits a subject individual from possessing a
3firearm under subd. 1. or cancels a prohibition under subd. 2., the court clerk shall
4notify the department of justice of that fact and provide any information identifying
5the subject individual that is necessary to permit an accurate involuntary
6commitment history record search under s. 175.35 (2g) (c)
or a background check
7under s. 175.50 (9g) (b). No other information from the subject individual's court
8records may be disclosed to the department of justice except by order of the court.
9The department of justice may disclose information provided under this subdivision
10only as part of an involuntary commitment history record search under s. 175.35 (2g)
11(c).
SB403-SSA2,6,2313
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.
SB403-SSA2,7,5
151.30
(3) (a) Except as provided in pars. (b) and (c)
and s. 175.50 (11) (a) 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.
SB403-SSA2,7,97
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).
SB403-SSA2,7,1211
59.25
(3) (u) 1. Establish a segregated fund, the proceeds of which may be used
12by the county to award shooting range grants under s. 175.50 (20m).
SB403-SSA2,7,1413
2. Deposit into the segregated fund created under subd. 1. all moneys received
14under s. 175.50 (7) (bp) or (15) (b) 4. c.
SB403-SSA2,7,1615
3. Make payments from the fund established under subd. 1. as directed by the
16county.
SB403-SSA2,7,2218
165.25
(11) Rules regarding concealed weapons licenses. (a) Promulgate
19rules providing a procedure by which the department may file a petition under s.
20175.50 (10m) and a license may be revoked under s. 175.50 (14) with respect to a
21person who is issued a license under s. 175.50 (9r) and who, as a result of being
22licensed, poses a substantial risk to others.
SB403-SSA2,7,2523
(b) Determine which states issue permits or licenses to carry a concealed
24weapon to persons who pass criminal background checks in those states and
25promulgate by rule a list of those states.
SB403-SSA2,8,8
2165.60 Law enforcement. The department of justice is authorized to enforce
3ss. 101.123 (2), (5), and (8),
175.50 (17) (c), (d), and (e), 944.30, 944.31, 944.33, 944.34,
4945.02 (2), 945.03 (1m), and 945.04 (1m) and is invested with the powers conferred
5by law upon sheriffs and municipal police officers in the performance of those duties.
6This section does not deprive or relieve sheriffs, constables, and other local police
7officers of the power and duty to enforce those sections, and those officers shall
8likewise enforce those sections.
SB403-SSA2, s. 27
9Section
27. 165.82 (1) (intro.) of the statutes is amended to read:
SB403-SSA2,8,1310
165.82
(1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall
11impose the following fees, plus any surcharge required under sub. (1m), for criminal
12history searches for purposes unrelated to criminal justice or to s. 175.35
, 175.49, or
13175.50:
SB403-SSA2,8,1615
165.82
(2) Except as provided in s. 175.35, the The department of justice shall
16not impose fees for criminal history searches for purposes related to criminal justice.
