Amendment SSA1-SB93

SB93-SSA1, s. 25 Section 25. 167.31 (1) (b) of the statutes is repealed.

SB93-SSA1, s. 26 Section 26. 167.31 (1) (g) of the statutes is repealed.

SB93-SSA1, s. 27 Section 27. 167.31 (2) (a) of the statutes is repealed.

SB93-SSA1, s. 28 Section 28. 167.31 (2) (b) of the statutes is repealed.

SB93-SSA1, s. 29 Section 29. 167.31 (2) (c) of the statutes is amended to read:

SB93-SSA1,8,3 167.31 (2) (c) Except as provided in sub. (4), no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.

SB93-SSA1, s. 30 Section 30. 167.31 (2) (d) of the statutes is amended to read:

SB93-SSA1,8,7 167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), and (g), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

SB93-SSA1, s. 31 Section 31. 167.31 (2) (e) of the statutes is amended to read:

SB93-SSA1,8,10 167.31 (2) (e) A person who violates pars. (a) to par. (c) or (d) is subject to a forfeiture of not more than $100.

SB93-SSA1, s. 32 Section 32. 167.31 (3) (title) of the statutes is amended to read:

SB93-SSA1,8,12 167.31 (3) (title) Prohibitions Prohibition; aircraft.

SB93-SSA1, s. 33 Section 33. 167.31 (3) (a) of the statutes is amended to read:

SB93-SSA1,8,17 167.31 (3) (a) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on an a commercial aircraft, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

SB93-SSA1, s. 34 Section 34. 167.31 (3) (b) of the statutes is amended to read:

SB93-SSA1,8,21 167.31 (3) (b) Except as provided in sub. (4), no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from an a commercial aircraft.

SB93-SSA1, s. 35 Section 35. 167.31 (4) (a) of the statutes is amended to read:

SB93-SSA1,9,2 167.31 (4) (a) Subsections (2) (c) and (d) and (3) (a) and (b) do not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or commercial aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:

SB93-SSA1, s. 36 Section 36. 167.31 (4) (am) 1. of the statutes is renumbered 167.31 (4) (am) and amended to read:

SB93-SSA1,9,8 167.31 (4) (am) Subsections (2) (a), (c) and (d) and (3) (a) and (b) do not apply to a peace officer who, in the line of duty, loads or discharges a firearm in, on, or from a vehicle, motorboat or commercial aircraft or discharges a firearm from or across a highway or within 50 feet of the center of a roadway.

SB93-SSA1, s. 37 Section 37. 167.31 (4) (am) 2. and 3. of the statutes are repealed.

SB93-SSA1, s. 38 Section 38. 167.31 (4) (at) of the statutes is created to read:

SB93-SSA1,9,14 167.31 (4) (at) Subsections (2) (c) and (d), (3) (a) and (b), and (3m) (a) do not apply to the discharge of a firearm if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s. 939.45.

SB93-SSA1, s. 39 Section 39. 167.31 (4) (b) of the statutes is amended to read:

SB93-SSA1,9,19 167.31 (4) (b) Subsections (2) (a), (b) and (c), (3) (a) and (b), and (3m) (a) do not apply to the holder of a scientific research license under s. 169.25 or a scientific collector permit under s. 29.614 who is using a net gun or tranquilizer gun in an activity related to the purpose for which the license or permit was issued.

SB93-SSA1, s. 40 Section 40. 167.31 (4) (bg), (bn) and (bt) of the statutes are repealed.

SB93-SSA1, s. 41 Section 41. 167.31 (4) (c) of the statutes is amended to read:

SB93-SSA1,9,23 167.31 (4) (c) Subsection (2) (b) and (c) does not apply to the holder of a Class A or Class B permit under s. 29.193 (2) who is hunting from a stationary vehicle.

SB93-SSA1, s. 42 Section 42. 167.31 (4) (cm) and (d) of the statutes are repealed.

SB93-SSA1, s. 43 Section 43. 167.31 (4) (f) of the statutes is amended to read:

SB93-SSA1,10,3 167.31 (4) (f) Subsection (2) (d) does not prohibit a person from possessing a loaded firearm within 50 feet of the center of a roadway if the person does not violate sub. (2) (b) or (c).

SB93-SSA1, s. 44 Section 44. 175.60 of the statutes is created to read:

SB93-SSA1,10,6 175.60 Optional license to carry a concealed weapon. (1) Definitions. In this section:

SB93-SSA1,10,9 (ac) "Background check" means the searches the department conducts under sub. (9g) to determine a person's eligibility for an optional license to carry a concealed weapon.

SB93-SSA1,10,10 (ag) "Carry" means to go armed with.

SB93-SSA1,10,11 (b) "Department" means the department of justice.

SB93-SSA1,10,16 (bm) "Handgun" means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).

SB93-SSA1,10,17 (bv) "Law enforcement agency" does not include the department.

SB93-SSA1,10,18 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

SB93-SSA1,10,20 (d) "Licensee" means an individual holding a valid optional license issued under this section to carry a concealed weapon.

SB93-SSA1,10,22 (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-SSA1,10,24 1. The permit, license, approval, or other authorization is for the carrying of a concealed weapon.

SB93-SSA1,11,4 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-SSA1,11,6 (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-SSA1,11,10 (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-SSA1,11,12 (j) "Weapon" means a handgun, an electric weapon, as defined in s. 939.222 (11m), a knife other than a switchblade knife under s. 941.24, or a billy club.

SB93-SSA1,11,17 (2) Issuance and scope of license. (a) The department shall issue an optional 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). An optional license to carry a concealed weapon issued under this section shall meet the requirements specified in sub. (2m).

SB93-SSA1,11,20 (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-SSA1,11,25 (c) This section does not limit an individual's right to carry a firearm that is not concealed. Except as provided in s. 948.605 (2) (b) 1r., the optional license issued under this section conveys no additional rights under Wisconsin state law to carry a firearm that is concealed than an individual who does not have a license issued under this section has to carry a firearm that is concealed.

SB93-SSA1,12,2 (d) For purposes of 18 USC 922 (q) (2) (B) (ii), an out-of-state licensee is licensed by the state.

SB93-SSA1,12,7 (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-SSA1,12,9 (b) A license document for a license issued under this section shall contain all of the following on one side:

SB93-SSA1,12,10 1. The full name, date of birth, and residence address of the licensee.

SB93-SSA1,12,12 2. A physical description of the licensee, including sex, height, hair color, and eye color.

SB93-SSA1,12,13 3. The date on which the license was issued.

SB93-SSA1,12,14 4. The date on which the license expires.

SB93-SSA1,12,15 5. The name of this state.

SB93-SSA1,12,16 6. A unique identification number for each licensee.

SB93-SSA1,12,18 (bm) The reverse side of a license document issued under this section shall notify the licensee that he or she shall inform the department of any address change.

SB93-SSA1,12,19 (c) The license document may not contain the licensee's social security number.

SB93-SSA1,12,22 (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-SSA1,12,25 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-SSA1,13,6 (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-SSA1,13,9 (3) Restrictions on issuing a license. The department shall issue an optional license under this section to an individual who submits an application under sub. (7) unless any of the following applies:

SB93-SSA1,13,10 (a) The individual is less than 21 years of age.

SB93-SSA1,13,12 (b) The individual is prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.

SB93-SSA1,13,13 (c) The individual is prohibited from possessing a firearm under s. 941.29.

SB93-SSA1,13,14 (d) The individual is not a Wisconsin resident.

SB93-SSA1,13,24 (5) Application and renewal forms. (a) The department shall design an application form for use by individuals who apply for an optional license under this section and a renewal form for use by individuals applying for renewal of an optional 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, hair color, and eye color and shall include all of the following:

SB93-SSA1,14,2 1. A statement that the applicant is ineligible for a license if sub. (3) (a), (b), (c), or (d) applies to the applicant.

SB93-SSA1,14,5 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-SSA1,14,7 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-SSA1,14,10 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-SSA1,14,13 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-SSA1,14,18 6. A statement of the places under ss. 941.232 (2) and 948.605 (2) (b) where a licensee is prohibited from carrying a weapon, as well as an explanation of the provisions under ss. 941.232 (3) and 943.13 (1m) (c) 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-SSA1,14,20 (b) The department shall make the forms described in this subsection available on the Internet and, upon request, by mail.

SB93-SSA1,14,23 (7) Submission of application. An individual may apply for an optional 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-SSA1,14,24 (a) A completed application in the form prescribed under sub. (5) (a).

SB93-SSA1,15,3 (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-SSA1,15,6 (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 $52. The department shall determine the costs of issuing a license by using a 5-year planning period.

SB93-SSA1,15,8 (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i).

SB93-SSA1,15,10 (9) Processing of application. (a) Upon receiving an application submitted under sub. (7), the department shall conduct a background check.

SB93-SSA1,15,12 (b) Within 21 days after receiving a complete application under sub. (7), the department shall do one of the following:

SB93-SSA1,15,14 1. Issue the license and promptly send the licensee his or her license document by 1st class mail.

SB93-SSA1,15,17 2. Deny the application, but only if sub. (3) (a), (b), (c), or (d) 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-SSA1,15,19 (9g) Background checks. (a) The department shall conduct a background check regarding an applicant for an optional license using the following procedure:

SB93-SSA1,15,21 1. The department shall create a confirmation number associated with the applicant.

SB93-SSA1,15,23 2. The department shall use the transaction information for management of enforcement system and the national crime information center system.

SB93-SSA1,15,24 3. As soon as practicable, the department shall do the following: