Amendment ASA1-SB93

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.

SB93-ASA1,30,11 (12) Maintenance, use, and publication of records by the department. (a) The department shall maintain a computerized record listing the names and the information specified in sub. (2m) (b) of all individuals who have been issued a license under this section and all individuals issued a certification card under s. 175.49 (3). Subject to par. (b), neither the department nor any employee of the department may store, maintain, format, sort, or access the information in any way other than by the names, dates of birth, or sex of licensees or individuals or by the identification numbers assigned to licensees under sub. (2m) (b) 6.

SB93-ASA1,30,15 (b) A law enforcement officer may not request or be provided information under par. (a) concerning a specific individual unless the law enforcement officer is making a traffic stop or unless there is probable cause that a crime or violation of this section has occurred.

SB93-ASA1,30,20 (c) Notwithstanding s. 19.35, the department of justice, the department of transportation, or any employee of either department may not make information obtained under this section available to the public except in the context of a prosecution for an offense in which the person's status as a licensee or holder of a certification card is relevant or through a report created under sub. (19).

SB93-ASA1,30,24 (12g) Providing licensee information to law enforcement agencies. (a) The department shall provide information concerning a specific individual on the list maintained under sub. (12) (a) to a law enforcement agency, but only if the law enforcement agency is requesting the information for a purpose under sub. (12) (b).

SB93-ASA1,31,5 (b) 1. Notwithstanding s. 19.35, neither a law enforcement agency nor any of its employees may make information regarding an individual that was obtained from the department under this subsection available to the public except in the context of a prosecution for an offense in which the person's status as a licensee or holder of a certification card is relevant.

SB93-ASA1,31,9 2. Neither a law enforcement agency nor any of its employees may store or maintain information regarding an individual that was obtained from the department under this subsection based on the individual's status as a licensee or holder of a certificate card.

SB93-ASA1,31,13 3. Neither a law enforcement agency nor any of its employees may sort or access information regarding vehicle stops, investigations, civil or criminal offenses, or other activities involving the agency based on the status as licensees or holders of certification cards of any individuals involved.

SB93-ASA1,31,23 (13) Lost or destroyed license. If a license document is lost, a licensee no longer has possession of his or her license, or a license document is destroyed, unreadable, or unusable, a licensee may submit to the department a statement requesting a replacement license document, the license document or any portions of the license document if available, and a $12 replacement fee. The department shall issue a replacement license document to the licensee within 14 days of receiving the statement and fee. If the licensee does not submit the original license document to the department, the department shall terminate the unique approval number of the original request and issue a new unique approval number for the replacement request.

SB93-ASA1,32,3 (14) License revocation and suspension. (a) The department shall revoke a license issued under this section if the department determines that sub. (3) (b), (c), (d), (e), (f), or (g) applies to the licensee.

SB93-ASA1,32,11 (am) The department shall suspend a license issued under this section if a court has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c). If the individual whose license was suspended is no longer subject to the prohibition under s. 969.02 (3) (c) or 969.03 (1) (c), whichever is applicable, sub. (3) (b), (c), (d), (e), (f), or (g) does not apply to the individual, and the suspended license would not have expired under sub. (15) (a) had it not been suspended, the department shall restore the license within 5 business days of notification that the licensee is no longer subject to the prohibition.

SB93-ASA1,32,15 (b) 1. If the department suspends or revokes a license issued under this section, the department shall send by mail the individual whose license has been suspended or revoked notice of the suspension or revocation within one day after the suspension or revocation.

SB93-ASA1,32,18 2. If the department suspends or revokes a license under this section, the suspension or revocation takes effect when the individual whose license has been suspended or revoked receives the notice under subd. 1.

SB93-ASA1,32,20 3. Within 7 days after receiving the notice, the individual whose license has been suspended or revoked shall do one of the following:

SB93-ASA1,32,22 a. Deliver the license document personally or by certified mail to the department.

SB93-ASA1,32,25 b. Mail a signed statement to the department stating that he or she no longer has possession of his or her license document and stating the reasons why he or she no longer has possession.

SB93-ASA1,33,3 (14g) Departmental review. The department shall promulgate rules providing for the review of any action by the department denying an application for, or suspending or revoking, a license under this section.

SB93-ASA1,33,8 (14m) Appeals to the circuit court. (a) An individual aggrieved by any action by the department denying an application for, or suspending or revoking, a license under this section, may appeal directly to the circuit court of the county in which the individual resides without regard to whether the individual has sought review under the process established in sub. (14g).

SB93-ASA1,33,16 (b) To begin an appeal under this subsection, the aggrieved individual shall file a petition for review with the clerk of the applicable circuit court within 30 days of receiving notice of denial of an application for a license or of suspension or revocation of a license. The petition shall state the substance of the department's action from which the individual is appealing and the grounds upon which the individual believes the department's action to be improper. The petition may include a copy of any records or documents that are relevant to the grounds upon which the individual believes the department's action to be improper.

SB93-ASA1,33,19 (c) A copy of the petition shall be served upon the department either personally or by registered or certified mail within 5 days after the individual files his or her petition under par. (b).

SB93-ASA1,33,23 (d) The department shall file an answer within 15 days after being served with the petition under par. (c). The answer shall include a brief statement of the actions taken by the department. The department shall include with the answer when filed a copy of any documents or records on which the department based its action.

SB93-ASA1,34,2 (e) The court shall review the petition, the answer, and any records or documents submitted with the petition or the answer. The review under this paragraph shall be conducted by the court without a jury but the court may schedule a hearing and take testimony.

SB93-ASA1,34,4 (f) The court shall reverse the department's action if the court finds any of the following:

SB93-ASA1,34,6 1. That the department failed to follow any procedure, or take any action, prescribed under this section.

SB93-ASA1,34,8 2. That the department erroneously interpreted a provision of law and a correct interpretation compels a different action.

SB93-ASA1,34,10 3. That the department's action depends on a finding of fact that is not supported by substantial evidence in the record.

SB93-ASA1,34,12 4. a. If the appeal is regarding a denial, that the denial was based on factors other than the factors under sub. (3).

SB93-ASA1,34,14 b. If the appeal is regarding a suspension or revocation, that the suspension or revocation was based on criteria other than those under sub. (14) (a) or (am).

SB93-ASA1,34,16 (g) 1. The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.

SB93-ASA1,34,19 2. If the court reverses the department's action, the court may order the department to pay the aggrieved individual all court costs and reasonable attorney fees.

SB93-ASA1,34,23 (15) License expiration and renewal. (a) Except as provided in par. (e) and sub. (9r) (b), a license issued under this section is valid for a period of 5 years from the date on which the license is issued unless the license is suspended or revoked under sub. (14).

SB93-ASA1,35,3 (b) The department shall design a notice of expiration form. At least 90 days before the expiration date of a license issued under this section, the department shall mail to the licensee a notice of expiration form and a form for renewing the license. The department shall renew the license if, no later than 90 days after the expiration date of the license, the licensee does all of the following:

SB93-ASA1,35,4 1. Submits a renewal application on the form provided by the department.