Amendment ASA1-SB93

SB93-ASA1,19,25 (f) "Out-of-state license" means a valid permit, license, approval, or other authorization issued by another state if all of the following apply:

SB93-ASA1,20,2 1. The permit, license, approval, or other authorization is for the carrying of a concealed weapon.

SB93-ASA1,20,6 2. The state is listed in the rule promulgated by the department under s. 165.25 (12) and, if that state does not require a background search for the permit, license, approval, or authorization, the permit, license, approval, or authorization designates that the holder chose to submit to a background search.

SB93-ASA1,20,8 (g) "Out-of-state licensee" means an individual who is 21 years of age or over, who is not a Wisconsin resident, and who has been issued an out-of-state license.

SB93-ASA1,20,9 (h) "Photographic identification card" means one of the following:

SB93-ASA1,20,11 1. An operator's license issued under ch. 343 or an identification card issued under s. 343.50.

SB93-ASA1,20,13 2. A license or card issued by a state other than Wisconsin that is substantially equivalent to a license or card under subd. 1.

SB93-ASA1,20,17 (i) "State identification card number" means the unique identifying driver number assigned to a person by the department of transportation under s. 343.17 (3) (a) 4. or, if the person has no driver number, the number assigned to the person on an identification card issued under s. 343.50.

SB93-ASA1,20,19 (j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (1c) (a), a knife other than a switchblade knife under s. 941.24, or a billy club.

SB93-ASA1,20,24 (2) Issuance and scope of license. (a) The department shall issue a license to carry a concealed weapon to any individual who is not disqualified under sub. (3) and who completes the application process specified in sub. (7). A license to carry a concealed weapon issued under this section shall meet the requirements specified in sub. (2m).

SB93-ASA1,21,3 (b) The department may not impose conditions, limitations, or requirements that are not expressly provided for in this section on the issuance, scope, effect, or content of a license.

SB93-ASA1,21,5 (c) Unless expressly provided in this section, this section does not limit an individual's right to carry a firearm that is not concealed.

SB93-ASA1,21,7 (d) For purposes of 18 USC 922 (q) (2) (B) (ii), an out-of-state licensee is licensed by this state.

SB93-ASA1,21,11 (2g) Carrying a concealed weapon; possession and display of license document or authorization. (a) A licensee or an out-of-state licensee may carry a concealed weapon anywhere in this state except as provided under subs. (15m) and (16) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r.

SB93-ASA1,21,17 (b) Unless the licensee or out-of-state licensee is carrying a concealed weapon in a manner described under s. 941.23 (2) (e), a licensee shall have with him or her his or her license document and photographic identification card and an out-of-state licensee shall have with him or her his or her out-of-state license and photographic identification card at all times during which he or she is carrying a concealed weapon.

SB93-ASA1,21,24 (c) Unless the licensee or out-of-state licensee is carrying a concealed weapon in a manner described under s. 941.23 (2) (e), a licensee who is carrying a concealed weapon shall display his or her license document and photographic identification card and an out-of-state licensee who is carrying a concealed weapon shall display his or her out-of-state license and photographic identification card to a law enforcement officer upon the request of the law enforcement officer while the law enforcement officer is acting in an official capacity and with lawful authority.

SB93-ASA1,22,5 (2m) License document; content of license. (a) Subject to pars. (b), (bm), (c), and (d), the department shall design a single license document for licenses issued and renewed under this section. The department shall complete the design of the license document no later than the first day of the 2nd month beginning after the effective date of this paragraph .... [LRB inserts date].

SB93-ASA1,22,7 (b) A license document for a license issued under this section shall contain all of the following on one side:

SB93-ASA1,22,8 1. The full name, date of birth, and residence address of the licensee.

SB93-ASA1,22,9 2. A physical description of the licensee, including sex, height, and eye color.

SB93-ASA1,22,10 3. The date on which the license was issued.

SB93-ASA1,22,11 4. The date on which the license expires.

SB93-ASA1,22,12 5. The name of this state.

SB93-ASA1,22,13 6. A unique identification number for each licensee.

SB93-ASA1,22,17 (bm) The reverse side of a license document issued under this section shall contain the requirement under sub. (11) (b) that the licensee shall inform the department of any address change no later than 30 days after his or her address changes and the penalty for a violation of the requirement.

SB93-ASA1,22,18 (c) The license document may not contain the licensee's social security number.

SB93-ASA1,22,21 (d) 1. The contents of the license document shall be included in the document in substantially the same way that the contents of an operator's license document issued under s. 343.17 are included in that document.

SB93-ASA1,22,24 2. The license document issued under this section shall be tamper proof in substantially the same way that the operator's license is tamper proof under s. 343.17 (2).

SB93-ASA1,23,6 (e) The department of justice may contract with the department of transportation to produce and issue license documents under this section. Neither the department of transportation nor any employee of the department of transportation may store, maintain, or access the information provided by the department of justice for the production or issuance of license documents other than to the extent necessary to produce or issue the license documents.

SB93-ASA1,23,9 (3) Restrictions on issuing a license. The department shall issue a license under this section to an individual who submits an application under sub. (7) unless any of the following applies:

SB93-ASA1,23,10 (a) The individual is less than 21 years of age.

SB93-ASA1,23,12 (b) The individual is prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.

SB93-ASA1,23,13 (c) The individual is prohibited from possessing a firearm under s. 941.29.

SB93-ASA1,23,15 (d) The court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c).

SB93-ASA1,23,17 (e) The individual is on release under s. 969.01 and the individual may not possess a dangerous weapon as a condition of the release.

SB93-ASA1,23,18 (f) The individual is not a Wisconsin resident.

SB93-ASA1,23,20 (g) The individual has not provided proof of training as described under sub. (4) (a).

SB93-ASA1,24,4 (4) Training requirements. (a) Proof of training under sub. (7) (e) may be met by a certificate under par. (b) indicating that the individual completed, no earlier than one year before the individual submitted the application or renewal application, a firearms safety or training course that provided training in the safe use of a handgun and that was conducted by a certified instructor. Training must include instruction in the fundamentals of handgun use; successful completion of an actual shooting qualification exercise; and instruction in the legal aspects of handgun possession, carry, and use, including self-defense under s. 939.48 and restrictions on the use of deadly force.

SB93-ASA1,24,8 (b) Only a certified instructor may issue a certificate to an individual and a certified instructor shall issue a certificate to an individual who has completed the course described in par. (a). The instructor shall sign the certificate and attest that the individual attended and completed the course.

SB93-ASA1,24,12 (c) The department shall certify instructors for the purposes of par. (b) and the department or a person designated by the department shall maintain a list of certified instructors. An instructor must be certified every 5 years. To be certified as an instructor, a person must meet all of the following criteria:

SB93-ASA1,24,13 1. Be qualified under sub. (3) to carry a concealed weapon.

SB93-ASA1,24,15 2. Be able to demonstrate the ability and knowledge required for providing the training described in par. (a).

SB93-ASA1,24,25 (5) Application and renewal forms. (a) The department shall design an application form for use by individuals who apply for a license under this section and a renewal form for use by individuals applying for renewal of a license under sub. (15). The department shall complete the design of the application form no later than the first day of the 2nd month beginning after the effective date of this paragraph .... [LRB inserts date], and shall complete the design of the renewal form no later than the first day of the 36th month beginning after the effective date of this paragraph .... [LRB inserts date]. The forms shall require the applicant to provide only his or her name, address, date of birth, state identification card number, race, sex, height, and eye color and shall include all of the following:

SB93-ASA1,25,2 1. A statement that the applicant is ineligible for a license if sub. (3) (a), (b), (c), (d), (e), (f), or (g) applies to the applicant.

SB93-ASA1,25,5 2. A statement explaining self-defense and defense of others under s. 939.48, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

SB93-ASA1,25,7 3. A statement, with a place for the applicant to sign his or her name, to indicate that the applicant has read and understands the requirements of this section.

SB93-ASA1,25,10 4. A statement that an applicant may be prosecuted if he or she intentionally gives a false answer to any question on the application or intentionally submits a falsified document with the application.

SB93-ASA1,25,13 5. A statement of the penalties for intentionally giving a false answer to any question on the application or intentionally submitting a falsified document with the application.

SB93-ASA1,25,18 6. A statement of the places under sub. (16) where a licensee is prohibited from carrying a weapon, as well as an explanation of the provisions under sub. (15m) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r. that could limit the places where the licensee may carry a weapon, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

SB93-ASA1,25,20 (b) The department shall make the forms described in this subsection available on the Internet and, upon request, by mail.

SB93-ASA1,25,23 (7) Submission of application. An individual may apply for a license under this section with the department by submitting, by mail or other means made available by the department, to the department all of the following:

SB93-ASA1,25,24 (a) A completed application in the form prescribed under sub. (5) (a).

SB93-ASA1,26,3 (b) A statement that states that the information that he or she is providing in the application submitted under par. (a) and any document submitted with the application is true and complete to the best of his or her knowledge.

SB93-ASA1,26,6 (c) A license fee in an amount, as determined by the department by rule, that is equal to the cost of issuing the license but does not exceed $37. The department shall determine the costs of issuing a license by using a 5-year planning period.

SB93-ASA1,26,8 (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i).

SB93-ASA1,26,9 (e) Proof of training as described under sub. (4) (a).

SB93-ASA1,26,11 (9) Processing of application. (a) Upon receiving an application submitted under sub. (7), the department shall conduct a background check.

SB93-ASA1,26,13 (b) Within 21 days after receiving a complete application under sub. (7), the department shall do one of the following:

SB93-ASA1,26,15 1. Issue the license and promptly send the licensee his or her license document by 1st class mail.

SB93-ASA1,26,18 2. Deny the application, but only if sub. (3) (a), (b), (c), (d), (e), (f), or (g) applies to the applicant. If the department denies the application, the department shall inform the applicant in writing, stating the reason and factual basis for the denial.

SB93-ASA1,26,20 (9g) Background checks. (a) The department shall conduct a background check regarding an applicant for a license using the following procedure:

SB93-ASA1,26,22 1. The department shall create a confirmation number associated with the applicant.

SB93-ASA1,27,14 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 806.247 (3); and whether the applicant is prohibited from possessing a firearm under s. 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

SB93-ASA1,27,15 3. As soon as practicable, the department shall do the following:

SB93-ASA1,27,17 a. If the background check indicates sub. (3) (b), (c), (d), or (e) applies to the applicant, create a unique nonapproval number for the applicant.

SB93-ASA1,27,19 b. If the completed background check does not indicate that sub. (3) (b), (c), (d), or (e) applies to the applicant, create a unique approval number for the applicant.

SB93-ASA1,27,22 (b) The department shall maintain a record of all completed application forms and a record of all approval or nonapproval numbers regarding background checks under this subsection.

SB93-ASA1,28,3 (9r) Emergency license. (a) An individual who requires an immediate license may petition the court in the county in which he or she resides for such a license. Unless the court knows that the individual is ineligible for a license under sub. (3), a court may issue an emergency license to an individual if the court determines that immediate licensure is warranted to protect the individual from death or great bodily harm, as defined in s. 939.22 (14).

SB93-ASA1,28,5 (b) An emergency license issued under this subsection is valid for 30 days unless it is revoked under par. (bm) or it is void under par. (c).

SB93-ASA1,28,8 (bm) If the court determines that a holder of an emergency license issued under par. (a) is ineligible under sub. (3) for a license, the court shall revoke the emergency license.

SB93-ASA1,28,11 (c) If the holder of an emergency license issued under par. (a) applies for a license under sub. (7) and is determined to be ineligible under sub. (3) for a license, the emergency license is void.

SB93-ASA1,28,12 (11) Updated information. (a) 1. In this paragraph:

SB93-ASA1,28,15 a. "Clerk" means the clerk of the circuit court or, if it has enacted a law or an ordinance in conformity with s. 346.63, the clerk of the court for a federally recognized American Indian tribe or band in this state, a city, a village, or a town.

SB93-ASA1,28,17 b. "Court automated information systems" means the systems under s. 758.19 (4).

SB93-ASA1,28,22 2. The court automated information systems, or the clerk or register in probate, if the information is not contained in or cannot be transmitted by the court automated information systems, shall promptly notify the department of the name of any individual with respect to whom any of the following occurs and the specific reason for the notification:

SB93-ASA1,28,24 a. The individual is found by a court to have committed a felony or any other crime that would disqualify the individual from having a license under this section.

SB93-ASA1,28,25 b. The individual is found incompetent under s. 971.14.

SB93-ASA1,29,2 c. The individual is found not guilty of any crime by reason of mental disease or mental defect under s. 971.17.

SB93-ASA1,29,4 d. The individual is involuntarily committed for treatment under s. 51.20 or 51.45.

SB93-ASA1,29,5 e. The individual is found incompetent under ch. 54.

SB93-ASA1,29,7 f. The individual becomes subject to an injunction described in s. 941.29 (1) (f) or is ordered not to possess a firearm under s. 813.125 (4m).

SB93-ASA1,29,9 g. A court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c).

SB93-ASA1,29,11 h. A court has ordered the individual not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).

SB93-ASA1,29,13 i. The individual is on release under s. 969.01 and the individual may not possess a dangerous weapon as a condition of the release.

SB93-ASA1,29,16 3. Upon receiving a notice under subd. 2., the department shall immediately determine if the individual who is the subject of the notice is a licensee, using the list maintained under sub. (12) (a).

SB93-ASA1,29,19 (b) 1. No later than 30 days after changing his or her address, a licensee shall inform the department of the new address. The department shall include the individual's new address in the list under sub. (12) (a).

SB93-ASA1,29,21 2. Except as provided in subd. 3., for a first violation of subd. 1., the department must issue the licensee a warning.

SB93-ASA1,29,24 3. If an individual is in violation of subd. 1. and his or her license has been suspended or revoked under sub. (14), the individual is subject to the penalty under sub. (17) (ac).

SB93-ASA1,30,3 4. A licensee may not be charged with a violation of subd. 1. if the department learns of the violation when the licensee informs the department of the address change.