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, s. 6 4Section 6. 23.33 (3) (em) of the statutes is created to read:
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, s. 10 18Section 10. 29.089 (2) (c) of the statutes is created to read:
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, s. 11 21Section 11. 29.089 (2) (d) of the statutes is created to read:
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, s. 13 11Section 13. 29.091 (2) of the statutes is created to read:
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, s. 15 10Section 15. 29.621 (4) (a) of the statutes is created to read:
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, s. 16 13Section 16. 29.621 (4) (b) of the statutes is created to read:
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, s. 17 16Section 17. 29.621 (4) (c) of the statutes is created to read:
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, s. 18 19Section 18. 29.621 (4) (d) of the statutes is created to read:
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, s. 19 23Section 19. 29.621 (6) of the statutes is created to read:
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, s. 21 12Section 21. 51.20 (16) (gm) of the statutes is amended to read:
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, s. 22 24Section 22. 51.30 (3) (a) of the statutes is amended to read:
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, s. 23 6Section 23. 55.06 (17) (d) of the statutes is created to read:
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, s. 24 10Section 24. 59.25 (3) (u) of the statutes is created to read:
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, s. 25 17Section 25. 165.25 (11) of the statutes is created to read:
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, s. 26
1Section 26. 165.60 of the statutes is amended to read:
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, s. 28 14Section 28. 165.82 (2) of the statutes is amended to read:
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.
SB403-SSA2, s. 29 17Section 29. 167.31 (4) (ar) of the statutes is created to read:
SB403-SSA2,8,2018 167.31 (4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply
19to the placement, possession, transportation, or loading of a firearm by any of the
20following:
SB403-SSA2,8,2221 1. A person who is employed in this state by a public agency as a law
22enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
SB403-SSA2,8,2423 2. A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1)
24(e), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB403-SSA2,9,2
13. A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s.
2941.23 (2) (c) 1. to 7. applies.
SB403-SSA2,9,43 4. A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as
4defined in s. 175.50 (1) (g), if the firearm is handgun, as defined in s. 175.50 (1) (bm).
SB403-SSA2, s. 30 5Section 30. 175.35 (1) (am) of the statutes is created to read:
SB403-SSA2,9,106 175.35 (1) (am) "Disqualifying mental health adjudication" means one of the
7following events if it occurs in a proceeding that was not commenced by the person
8who is the subject of the proceeding and if it is based on the person having markedly
9subnormal intelligence or the person's mental illness, incompetency, condition, or
10disease:
SB403-SSA2,9,1211 1. An order entered by a court in this state that commits a person for treatment
12in an inpatient mental health facility.
SB403-SSA2,9,1513 2. A determination by a court in this state that a person is a danger to himself
14or herself or others under s. 51.20 (1) (a) 2. or lacks the mental capacity to contract
15or manage his or her own affairs.
SB403-SSA2, s. 31 16Section 31. 175.35 (1) (at) of the statutes is amended to read:
SB403-SSA2,9,2517 175.35 (1) (at) "Firearms restrictions record search" means a search of
18department of justice records to determine whether a person seeking to purchase a
19handgun is prohibited from possessing a firearm under s. 941.29 or based on a
20disqualifying mental health adjudication
. "Firearms restriction record search"
21includes a criminal history record search, a search to determine whether a person is
22prohibited from possessing a firearm under s. 51.20 (13) (cv), a search to determine
23whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal
24injunction, as defined in s. 813.12 (1) (e), issued by a court established by any
25federally recognized Wisconsin Indian tribe or band, except the Menominee Indian

1tribe of Wisconsin, that includes notice to the respondent that he or she is subject to
2the requirements and penalties under s. 941.29 and that has been filed with the
3circuit court under s. 806.247 (3), and a search to determine whether the person is
4prohibited from possessing a firearm under s. 813.125 (4m).
SB403-SSA2, s. 32 5Section 32. 175.35 (2) (d) of the statutes is amended to read:
SB403-SSA2,10,116 175.35 (2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c.,
7have elapsed from the time that the firearms dealer has received a confirmation
8number regarding the firearms restrictions record search under sub. (2g) (c) from the
9department of justice and the firearms dealer has not been notified that the transfer
10would be in violation of s. 941.29 or that the transferee would be prohibited from
11possessing a firearm based on a disqualifying mental health adjudication
.
SB403-SSA2, s. 33 12Section 33. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:
SB403-SSA2,10,1713 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from
14possessing a firearm under s. 941.29 or based on a disqualifying mental health
15adjudication
, the department shall provide the firearms dealer with a unique
16nonapproval number. The department may not disclose to the firearms dealer the
17reason the transferee is prohibited from possessing a firearm under s. 941.29.
SB403-SSA2,10,2018 b. If the search indicates that the transferee is not prohibited from possessing
19a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the
20department shall provide the firearms dealer with a unique approval number.
SB403-SSA2, s. 34 21Section 34. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB403-SSA2,11,422 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub.
23(2j) against the information recorded by the department regarding the corresponding
24request for a firearms restrictions record search under sub. (2g). If the department
25previously provided a unique approval number regarding the request and nothing

1in the duplicate completed notification form indicates that the transferee is
2prohibited from possessing a firearm under s. 941.29 or based on a disqualifying
3mental health adjudication
, the department shall destroy all records regarding that
4firearms restrictions record search within 30 days after receiving the duplicate form.
SB403-SSA2, s. 35 5Section 35. 175.48 of the statutes is created to read:
SB403-SSA2,11,7 6175.48 Law enforcement officer identification cards. (1) In this section,
7"Wisconsin law enforcement agency" has the meaning given in s. 175.46 (1) (f).
SB403-SSA2,11,10 8(2) If a Wisconsin law enforcement agency issues photographic identification
9cards to its officers, it may not require an officer to relinquish his or her card upon
10retirement unless one of the following applies:
SB403-SSA2,11,1111 (a) The officer may not lawfully possess a firearm under federal law.
SB403-SSA2,11,1312 (b) The officer did not retire in good standing from service as a law enforcement
13officer with the agency or retired as a result of mental instability.
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