Amendment SSA3-SB403

SB403-SSA3,52,19 (d) "Law enforcement officer" has the meaning given in s. 175.49 (1) (c).

SB403-SSA3,52,21 (e) "Qualified out-of-state law enforcement officer" means a law enforcement officer to whom all of the following apply:

SB403-SSA3,52,23 1. The person is employed by a state or local government agency in another state.

SB403-SSA3,52,24 2. The agency has authorized the person to carry a firearm.

SB403-SSA3,52,25 3. The person is not the subject of any disciplinary action by the agency.

SB403-SSA3,53,2 4. The person meets all standards established by the agency to qualify the person on a regular basis to use a firearm.

SB403-SSA3,53,3 5. The person is not prohibited under federal law from possessing a firearm.

SB403-SSA3,53,5 (f) "Retired law enforcement officer" means a person who, before retiring, was employed as a law enforcement officer with a public agency.

SB403-SSA3, s. 53 Section 53. 941.23 (2) (a) of the statutes is created to read:

SB403-SSA3,53,7 941.23 (2) (a) A peace officer.

SB403-SSA3, s. 54 Section 54. 941.23 (2) (b) of the statutes is created to read:

SB403-SSA3,53,10 941.23 (2) (b) A qualified out-of-state law enforcement officer. This paragraph applies only if all of the following apply:

SB403-SSA3,53,12 1. The weapon is a firearm but is not a machine gun, as defined in s. 941.27 (1), or a destructive device.

SB403-SSA3,53,13 2. A firearm silencer, as defined in s. 941.298 (1), is not attached to the weapon.

SB403-SSA3,53,14 3. The officer is not under the influence of an intoxicant.

SB403-SSA3, s. 55 Section 55. 941.23 (2) (c) of the statutes is created to read:

SB403-SSA3,53,17 941.23 (2) (c) A retired law enforcement officer. This paragraph applies only if all of the following apply:

SB403-SSA3,53,19 1. The retired officer has been issued a photographic identification document described in s. 941.23 (3) (b) 1. or both of the following:

SB403-SSA3,53,21 a. A photographic identification document described in s. 941.23 (3) (b) 2. (intro.).

SB403-SSA3,53,24 b. An identification card described in s. 941.23 (3) (b) 2. a., if the retired officer resides in this state, or a certification described in s. 941.23 (3) (b) 2. b., if the retired officer resides in another state.

SB403-SSA3,54,3 2. The weapon is a firearm that is of the type described in a photographic identification document described in subd. 1. (intro.) or a certification described in subd. 1. b.

SB403-SSA3,54,6 3. Within the preceding 12 months, the retired officer met the standards of the state in which he or she resides for training and qualification for active duty law enforcement officers to carry firearms.

SB403-SSA3,54,8 4. The weapon is not a machine gun, as defined in s. 941.27 (1), or a destructive device.

SB403-SSA3,54,9 5. A firearm silencer, as defined in s. 941.298 (1), is not attached to the weapon.

SB403-SSA3,54,10 6. The retired officer is not under the influence of an intoxicant.

SB403-SSA3,54,12 7. The retired officer is not prohibited under federal law from possessing a firearm.

SB403-SSA3, s. 56 Section 56. 941.23 (2) (d) of the statutes is created to read:

SB403-SSA3,54,19 941.23 (2) (d) A licensee, as defined in s. 175.50 (1) (d), if the dangerous weapon is a weapon, as defined under s. 175.50 (1) (j). An individual formerly licensed under s. 175.50 whose license has been suspended or revoked under s. 175.50 (14) may not assert his or her refusal to accept a notice of revocation or suspension mailed under s. 175.50 (14) (b) 2. as a defense to prosecution under this subsection, regardless of whether the person has complied with s. 175.50 (11) (b).

SB403-SSA3, s. 57 Section 57. 941.23 (2) (e) of the statutes is created to read:

SB403-SSA3,54,24 941.23 (2) (e) An individual who goes armed with a concealed and dangerous weapon, as defined in s. 175.50 (1) (j), in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies, unless he or she is prohibited under federal or state law from possessing that weapon.

SB403-SSA3, s. 58 Section 58. 941.23 (3) of the statutes is created to read:

SB403-SSA3,55,4 941.23 (3) (a) A qualified out-of-state law enforcement officer shall, while carrying a concealed firearm, also carry an identification card that contains his or her photograph and that was issued by the law enforcement agency by which he or she is employed.

SB403-SSA3,55,6 (b) A retired law enforcement officer shall, while carrying a concealed firearm, also carry one of the following:

SB403-SSA3,55,12 1. A photographic identification document issued by the retired officer's former employer that indicates that, within the 12 months preceding the date on which the retired officer is carrying the concealed firearm, he or she was tested or otherwise found by his or her former employer to meet the standards that it has established for training and qualification for active duty law enforcement officers to carry a firearm of the same type as the firearm that the retired officer is carrying.

SB403-SSA3,55,14 2. A photographic identification document issued by retired officer's former employer and one of the following:

SB403-SSA3,55,16 a. An identification card issued under s. 175.49 (2), if the retired officer resides in this state.

SB403-SSA3,55,22 b. A certification issued by the state in which the retired officer resides, if the retired officer resides in another state, that indicates that, within the 12 months preceding the date on which the retired officer is carrying the concealed firearm, he or she was tested or otherwise found by that state to meet the state's standards for training and qualification for active duty law enforcement officers to carry a firearm of the same type as the firearm that the retired officer is carrying.

SB403-SSA3,55,24 (c) A person who violates this subsection may be required to forfeit not more than $25.

SB403-SSA3,55,25 (d) This subsection does not apply to a licensee, as defined in s. 175.50 (1) (d).

SB403-SSA3, s. 59 Section 59. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and amended to read:

SB403-SSA3,56,3 941.235 (2) (intro.) This section does not apply to peace any of the following:

SB403-SSA3,56,5 (a) Peace officers or armed forces or military personnel who go armed in the line of duty or to any.

SB403-SSA3,56,8 (b) A person duly authorized by the chief of police of any city, village or town, the chief of the capitol police or the sheriff of any county to possess a firearm in any building under sub. (1).

SB403-SSA3, s. 60 Section 60. 941.235 (2) (c) of the statutes is created to read:

SB403-SSA3,56,10 941.235 (2) (c) A judge to whom s. 175.50 (16) (a) 4. b. applies.

SB403-SSA3, s. 61 Section 61. 941.237 (3) (cr) of the statutes is created to read:

SB403-SSA3,56,13 941.237 (3) (cr) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

SB403-SSA3, s. 62 Section 62. 941.237 (3) (ct) of the statutes is created to read:

SB403-SSA3,56,16 941.237 (3) (ct) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s. 941.23 (2) (c) 1. to 7. applies.

SB403-SSA3, s. 63 Section 63. 941.237 (3) (cx) of the statutes is created to read:

SB403-SSA3,56,18 941.237 (3) (cx) A licensee, as defined in s. 175.50 (1) (d).

SB403-SSA3, s. 64 Section 64. 941.29 (11) of the statutes is created to read:

SB403-SSA3,56,20 941.29 (11) This section does not apply to any of the following:

SB403-SSA3,56,22 (a) A person who is employed in this state by a public agency as a law enforcement officer, to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.

SB403-SSA3,56,24 (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

SB403-SSA3,57,2 (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s. 941.23 (2) (c) 1. to 7. applies.

SB403-SSA3, s. 65 Section 65. 941.295 (2) (d) of the statutes is renumbered 941.295 (2) (d) (intro.) and amended to read:

SB403-SSA3,57,8 941.295 (2) (d) (intro.) Any manufacturer or seller whose of electric weapons are used in this state solely by persons, unless the manufacturer or seller engages in the conduct described in sub. (1) with the intent to provide an electric weapon to someone other than one of the following:

SB403-SSA3,57,9 1. A person specified in pars. (a) to (c) or sub. (2g) (a).

SB403-SSA3, s. 66 Section 66. 941.295 (2) (d) 2. of the statutes is created to read:

SB403-SSA3,57,12 941.295 (2) (d) 2. A person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.

SB403-SSA3, s. 67 Section 67. 941.295 (2g) of the statutes is created to read:

SB403-SSA3,57,15 941.295 (2g) The prohibition in sub. (1) on possessing or going armed with an electric weapon does not apply to any of the following:

SB403-SSA3,57,16 (a) A licensee, as defined in s. 175.50 (1) (d).

SB403-SSA3,57,20 (b) An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies, unless he or she is prohibited under federal or state law from possessing that weapon.

SB403-SSA3, s. 68 Section 68. 941.295 (2r) of the statutes is created to read:

SB403-SSA3,57,23 941.295 (2r) The prohibition in sub. (1) on transporting an electric weapon does not apply to any of the following:

SB403-SSA3,57,24 (a) A licensee, as defined in s. 175.50 (1) (d).

SB403-SSA3,58,2 (b) An individual who transports an electric weapon from any of the following places to any of the following places:

SB403-SSA3,58,3 1. His or her dwelling.

SB403-SSA3,58,4 2. His or her own place of business.

SB403-SSA3,58,5 3. Land that he or she owns, leases, or legally occupies.

SB403-SSA3, s. 69 Section 69. 946.32 (3) of the statutes is created to read:

SB403-SSA3,58,8 946.32 (3) This section does not apply to offenses that may be prosecuted under s. 175.50 (17) (c).

SB403-SSA3, s. 70 Section 70. 948.605 (2) (c) of the statutes is created to read:

SB403-SSA3,58,10 948.605 (2) (c) Paragraph (a) does not apply to any of the following:

SB403-SSA3,58,12 1. A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.

SB403-SSA3,58,14 2. A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

SB403-SSA3,58,16 3. A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s. 941.23 (2) (c) 1. to 7. applies.

SB403-SSA3,58,18 4. A licensee, as defined in s. 175.50 (1) (d), if the firearm is a handgun, as defined in s. 175.50 (1) (bm).

SB403-SSA3, s. 71 Section 71. 948.61 (3m) of the statutes is created to read:

SB403-SSA3,58,22 948.61 (3m) This section does not apply to the possession of a weapon, as defined in s. 175.50 (1) (j), other than a handgun, as defined in s. 175.50 (1) (bm), by a licensee, as defined in s. 175.50 (1) (d).

SB403-SSA3, s. 72 Section 72 . 0Nonstatutory provisions.

SB403-SSA3,59,8 (1) Using the procedure under section 227.24 of the statutes, the department of justice shall promulgate rules required under section 175.35 (2g) (c) 3. of the statutes and under sections 165.25 (11) and 175.50 (9g) (f) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under those sections, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection.

SB403-SSA3,59,12 (2) No later than the first day of the 36th month beginning after the effective date of this subsection, the attorney general shall report to the legislature under section 13.172 (2) of the statutes and to the governor the impacts and effects of section 175.50 of the statutes, as created by this act.

SB403-SSA3, s. 73 Section 73. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:

SB403-SSA3,59,17 (1) The treatment of sections 165.25 (11), 175.49 (4), and 175.50 (2m), (3m) (b), and (5) of the statutes and Section 72 (1) of this act take effect on the day after publication.

SB403-SSA3,59,18 (End)