SB93-ASA1,34,87 2. That the department erroneously interpreted a provision of law and a correct
8interpretation compels a different action.
SB93-ASA1,34,109 3. That the department's action depends on a finding of fact that is not
10supported by substantial evidence in the record.
SB93-ASA1,34,1211 4. a. If the appeal is regarding a denial, that the denial was based on factors
12other than the factors under sub. (3).
SB93-ASA1,34,1413 b. If the appeal is regarding a suspension or revocation, that the suspension or
14revocation was based on criteria other than those under sub. (14) (a) or (am).
SB93-ASA1,34,1615 (g) 1. The court's decision shall provide whatever relief is appropriate
16regardless of the original form of the petition.
SB93-ASA1,34,1917 2. If the court reverses the department's action, the court may order the
18department to pay the aggrieved individual all court costs and reasonable attorney
19fees.
SB93-ASA1,34,23 20(15) License expiration and renewal. (a) Except as provided in par. (e) and
21sub. (9r) (b), a license issued under this section is valid for a period of 5 years from
22the date on which the license is issued unless the license is suspended or revoked
23under sub. (14).
SB93-ASA1,35,324 (b) The department shall design a notice of expiration form. At least 90 days
25before the expiration date of a license issued under this section, the department shall

1mail to the licensee a notice of expiration form and a form for renewing the license.
2The department shall renew the license if, no later than 90 days after the expiration
3date of the license, the licensee does all of the following:
SB93-ASA1,35,44 1. Submits a renewal application on the form provided by the department.
SB93-ASA1,35,75 2. Submits a statement reporting that the information provided under subd.
61. is true and complete to the best of his or her knowledge and that he or she is not
7disqualified under sub. (3).
SB93-ASA1,35,88 3. Submits proof of training, as described under sub. (4) (a).
SB93-ASA1,35,99 4. Pays all of the following:
SB93-ASA1,35,1210 a. A renewal fee in an amount, as determined by the department by rule, that
11is equal to the cost of renewing the license but does not exceed $12. The department
12shall determine the costs of renewing a license by using a 5-year planning period.
SB93-ASA1,35,1413 b. A fee for a background check that is equal to the fee charged under s. 175.35
14(2i).
SB93-ASA1,35,1615 (c) The department shall conduct a background check of a licensee as provided
16under sub. (9g) before renewing the licensee's license under par. (b).
SB93-ASA1,35,1817 (d) The department shall issue a renewal license by 1st class mail within 21
18days of receiving a renewal application, statement, and fees under par. (b).
SB93-ASA1,35,2219 (e) The license of a member of the U.S. armed forces, a reserve unit of the armed
20forces, or the national guard who is deployed overseas while on active duty may not
21expire until at least 90 days after the end of the licensee's overseas deployment
22unless the license is suspended or revoked under sub. (14).
SB93-ASA1,36,2 23(15m) Employer restrictions. (a) Except as provided in par. (b), an employer
24may prohibit a licensee or an out-of-state licensee that it employs from carrying a
25concealed weapon or a particular type of concealed weapon in the course of the

1licensee's or out-of-state licensee's employment or during any part of the licensee's
2or out-of-state licensee's course of employment.
SB93-ASA1,36,83 (b) An employer may not prohibit a licensee or an out-of-state licensee, as a
4condition of employment, from carrying a concealed weapon, a particular type of
5concealed weapon, or ammunition or from storing a weapon, a particular type of
6weapon, or ammunition in the licensee's or out-of-state licensee's own motor vehicle,
7regardless of whether the motor vehicle is used in the course of employment or
8whether the motor vehicle is driven or parked on property used by the employer.
SB93-ASA1,36,11 9(16) Prohibited activity. (a) Except as provided in par. (b), neither a licensee
10nor an out-of-state licensee may knowingly carry a concealed weapon, a weapon that
11is not concealed, or a firearm that is not a weapon in any of the following places:
SB93-ASA1,36,1412 1. Any portion of a building that is a police station, sheriff's office, state patrol
13station, or the office of a division of criminal investigation special agent of the
14department.
SB93-ASA1,36,1615 2. Any portion of a building that is a prison, jail, house of correction, or secured
16correctional facility.
SB93-ASA1,36,1717 3. The facility established under s. 46.055.
SB93-ASA1,36,1818 4. The center established under s. 46.056.
SB93-ASA1,36,2119 5. Any secured unit or secured portion of a mental health institute under s.
2051.05, including a facility designated as the Maximum Security Facility at Mendota
21Mental Health Institute.
SB93-ASA1,36,2222 6. Any portion of a building that is a county, state, or federal courthouse.
SB93-ASA1,36,2323 7. Any portion of a building that is a municipal courtroom if court is in session.
SB93-ASA1,36,2424 8. A place beyond a security checkpoint in an airport.
SB93-ASA1,36,2525 (b) The prohibitions under par. (a) do not apply to any of the following:
SB93-ASA1,37,2
11. A weapon in a vehicle driven or parked in a parking facility located in a
2building that is used as, or any portion of which is used as, a location under par. (a).
SB93-ASA1,37,53 2. A weapon in a courthouse or courtroom if a judge who is a licensee is carrying
4the weapon or if another licensee or out-of-state licensee, whom a judge has
5permitted in writing to carry a weapon, is carrying the weapon.
SB93-ASA1,37,76 3. A weapon in a courthouse or courtroom if a district attorney, or an assistant
7district attorney, who is a licensee is carrying the weapon.
SB93-ASA1,37,12 8(17) Penalties. (a) Any person who violates sub. (2g) (b) or (c) may be required
9to forfeit not more than $25, except that the person shall be exempted from the
10forfeiture if the person presents, within 48 hours, his or her license document or
11out-of-state license and photographic identification to the law enforcement agency
12that employs the requesting law enforcement officer.
SB93-ASA1,37,1413 (ac) Except as provided in sub. (11) (b) 2., any person who violates sub. (11) (b)
141. may be required to forfeit $50.
SB93-ASA1,37,1615 (ag) Any person who violates sub. (2m) (e), (12), or (12g) may be fined not more
16than $500 or sentenced to a term of imprisonment of not more than 30 days or both.
SB93-ASA1,37,2217 (ar) Any law enforcement officer who uses excessive force based solely on an
18individual's status as a licensee may be fined not more than $500 or sentenced to a
19term of imprisonment of not more than 30 days or both. The burden of proof is on
20the licensee to prove excessive force. The application of the criminal penalty under
21this paragraph does not preclude the application of any other civil or criminal
22remedy.
SB93-ASA1,37,2423 (b) Any person who violates sub. (16) may be fined not more than $500 or
24imprisoned for not more than 30 days or both.
SB93-ASA1,38,3
1(c) An instructor of a training course under sub. (4) (a) who intentionally
2submits false documentation indicating that an individual has met the training
3requirements under sub. (4) (a) may be prosecuted for a violation of s. 946.32.
SB93-ASA1,38,74 (e) Any person required under sub. (14) (b) 3. to relinquish or deliver a license
5document to the department who intentionally violates the requirements of that
6subdivision shall be fined not more than $500 and may be imprisoned for not more
7than 30 days or both.
SB93-ASA1,38,10 8(18) Reciprocity agreements. The department may enter into reciprocity
9agreements with other states as to matters relating to licenses or other authorization
10to carry concealed weapons.
SB93-ASA1,38,20 11(19) Statistical report. By March 1 of each year, the department shall submit
12a statistical report to the legislature under s. 13.172 (2) and to the governor that
13indicates the number of licenses applied for, issued, denied, suspended, and revoked
14under this section during the previous calendar year. For the licenses denied, the
15report shall indicate the reasons for the denials and the part of the application
16process in which the reasons for denial were discovered. For the licenses suspended
17or revoked, the report shall indicate the reasons for the suspensions and revocations.
18The department may not include in the report any information that may be used to
19identify an applicant or a licensee, including, but not limited to, a name, address,
20birth date, or social security number.
SB93-ASA1,38,25 21(21) Immunity. (a) The department of justice, the department of
22transportation, and the employees of each department; clerks, as defined in sub. (11)
23(a) 1. a., and their staff; and court automated information systems, as defined under
24sub. (11) (a) 1. b., and their employees are immune from liability arising from any act
25or omission under this section, if done so in good faith.
SB93-ASA1,39,3
1(b) A person that does not prohibit an individual from carrying a concealed
2weapon on property that the person owns or occupies is immune from any liability
3arising from its decision.
SB93-ASA1,39,64 (c) An employer that does not prohibit one or more employees from carrying a
5concealed weapon under sub. (15m) is immune from any liability arising from its
6decision.
SB93-ASA1,39,97 (d) A person providing a firearms training course in good faith is immune from
8liability arising from any act or omission related to the course if the course is one
9described in sub. (4) (a).
SB93-ASA1, s. 39 10Section 39. 440.26 (3m) of the statutes is renumbered 440.26 (3m) (intro.) and
11amended to read:
SB93-ASA1,39,1612 440.26 (3m) Rules concerning dangerous weapons. (intro.) The department
13shall promulgate rules relating to the carrying of dangerous weapons by a person
14who holds a license or permit issued under this section or who is employed by a
15person licensed under this section. The rules shall meet the minimum requirements
16specified in 15 USC 5902 (b). and shall allow all of the following:
SB93-ASA1, s. 40 17Section 40. 440.26 (3m) (a) of the statutes is created to read:
SB93-ASA1,39,2018 440.26 (3m) (a) A person who is employed in this state by a public agency as
19a law enforcement officer to carry a concealed firearm if s. 941.23 (1) (g) 2. to 5. and
20(2) (b) 1. to 3. applies.
SB93-ASA1, s. 41 21Section 41. 440.26 (3m) (b) of the statutes is created to read:
SB93-ASA1,39,2322 440.26 (3m) (b) A qualified out-of-state law enforcement officer, as defined in
23s. 941.23 (1) (g), to carry a concealed firearm if s. 941.23 (2) (b) 1. to 3. applies.
SB93-ASA1, s. 42 24Section 42. 440.26 (3m) (c) of the statutes is created to read:
SB93-ASA1,40,2
1440.26 (3m) (c) A former officer, as defined in s. 941.23 (1) (c), to carry a
2concealed firearm if s. 941.23 (2) (c) 1. to 7. applies.
SB93-ASA1, s. 43 3Section 43. 440.26 (3m) (d) of the statutes is created to read:
SB93-ASA1,40,64 440.26 (3m) (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state
5licensee, as defined in s. 175.60 (1) (g), to carry a concealed weapon as permitted
6under s. 175.60.
SB93-ASA1, s. 44 7Section 44. 813.12 (6) (am) 1. of the statutes is amended to read:
SB93-ASA1,40,148 813.12 (6) (am) 1. If an injunction is issued or extended under sub. (4) or if a
9tribal injunction is filed under s. 806.247 (3), the clerk of the circuit court shall notify
10the department of justice of the injunction and shall provide the department of
11justice with information concerning the period during which the injunction is in
12effect and information necessary to identify the respondent for purposes of a firearms
13restrictions record search under s. 175.35 (2g) (c) or a background check under s.
14175.60 (9g) (a)
.
SB93-ASA1, s. 45 15Section 45. 813.122 (9) (am) 1. of the statutes is amended to read:
SB93-ASA1,40,2116 813.122 (9) (am) 1. If an injunction is issued or extended under sub. (5), the
17clerk of the circuit court shall notify the department of justice of the injunction and
18shall provide the department of justice with information concerning the period
19during which the injunction is in effect and information necessary to identify the
20respondent for purposes of a firearms restrictions record search under s. 175.35 (2g)
21(c) or a background check under s. 175.60 (9g) (a).
SB93-ASA1, s. 46 22Section 46. 813.125 (5r) (a) of the statutes is amended to read:
SB93-ASA1,41,423 813.125 (5r) (a) If an order prohibiting a respondent from possessing a firearm
24is issued under sub. (4m), the clerk of the circuit court shall notify the department
25of justice of the existence of the order prohibiting a respondent from possessing a

1firearm and shall provide the department of justice with information concerning the
2period during which the order is in effect and information necessary to identify the
3respondent for purposes of a firearms restrictions record search under s. 175.35 (2g)
4(c) or a background check under s. 175.60 (9g) (a).
SB93-ASA1, s. 47 5Section 47. 895.527 (5) (a) of the statutes is amended to read:
SB93-ASA1,41,86 895.527 (5) (a) Section 167.30 (1), 941.20 (1) (d) or 948.605 or any rule
7promulgated under those sections regulating or prohibiting the discharge of
8firearms.
SB93-ASA1, s. 48 9Section 48. 938.396 (2g) (n) of the statutes is amended to read:
SB93-ASA1,41,1610 938.396 (2g) (n) Firearms restriction record search or background check. If a
11juvenile is adjudged delinquent for an act that would be a felony if committed by an
12adult, the court clerk shall notify the department of justice of that fact. No other
13information from the juvenile's court records may be disclosed to the department of
14justice except by order of the court. The department of justice may disclose any
15information provided under this subsection only as part of a firearms restrictions
16record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
SB93-ASA1, s. 49 17Section 49. 939.22 (10) of the statutes is amended to read:
SB93-ASA1,41,2418 939.22 (10) "Dangerous weapon" means any firearm, whether loaded or
19unloaded; any device designed as a weapon and capable of producing death or great
20bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or
21mouth of another person to impede, partially or completely, breathing or circulation
22of blood; any electric weapon, as defined in s. 941.295 (4) (1c) (a); or any other device
23or instrumentality which, in the manner it is used or intended to be used, is
24calculated or likely to produce death or great bodily harm.
SB93-ASA1, s. 50
1Section 50. 941.23 of the statutes is renumbered 941.23 (2) (intro.) and
2amended to read:
SB93-ASA1,42,53 941.23 (2) (intro.) Any person except a peace officer, other than one of the
4following,
who goes armed with carries a concealed and dangerous weapon is guilty
5of a Class A misdemeanor. Notwithstanding:
SB93-ASA1,42,8 6(a) A peace officer, but notwithstanding s. 939.22, for purposes of this section
7paragraph, peace officer does not include a commission warden who is not a
8state-certified commission warden.
SB93-ASA1, s. 51 9Section 51. 941.23 (1) of the statutes is created to read:
SB93-ASA1,42,1010 941.23 (1) In this section:
SB93-ASA1,42,1111 (ag) "Carry" has the meaning given in s. 175.60 (1) (ag).
SB93-ASA1,42,1212 (ar) "Destructive device" has the meaning given in 18 USC 921 (a) (4).
SB93-ASA1,42,1313 (b) "Firearm silencer" has the meaning given in s. 941.298 (1).
SB93-ASA1,42,1514 (c) "Former officer" means a person who served as a law enforcement officer
15with a law enforcement agency before separating from law enforcement service.
SB93-ASA1,42,1616 (d) "Law enforcement agency" has the meaning given in s. 175.49 (1) (f).
SB93-ASA1,42,1717 (e) "Law enforcement officer" has the meaning given in s. 175.49 (1) (g).
SB93-ASA1,42,1818 (f) "Machine gun" has the meaning given in s. 941.27 (1).
SB93-ASA1,42,2019 (g) "Qualified out-of-state law enforcement officer" means a law enforcement
20officer to whom all of the following apply:
SB93-ASA1,42,2221 1. The person is employed by a state or local government agency in another
22state.
SB93-ASA1,42,2323 2. The agency has authorized the person to carry a firearm.
SB93-ASA1,42,2524 3. The person is not the subject of any disciplinary action by the agency that
25could result in the suspension or loss of the person's law enforcement authority.
SB93-ASA1,43,2
14. The person meets all standards established by the agency to qualify the
2person on a regular basis to use a firearm.
SB93-ASA1,43,33 5. The person is not prohibited under federal law from possessing a firearm.
SB93-ASA1, s. 52 4Section 52. 941.23 (2) (b) of the statutes is created to read:
SB93-ASA1,43,65 941.23 (2) (b) A qualified out-of-state law enforcement officer. This paragraph
6applies only if all of the following apply:
SB93-ASA1,43,77 1. The weapon is a firearm but is not a machine gun or a destructive device.
SB93-ASA1,43,88 2. The officer is not carrying a firearm silencer.
Loading...
Loading...