SB93-SSA1,16,19 19(11) Updated information. (a) In this subsection:
SB93-SSA1,16,2220 1. "Clerk" means the clerk of the circuit court or, if it has enacted a law or an
21ordinance in conformity with s. 346.63, the clerk of the court for a federally
22recognized American Indian tribe or band in this state, a city, a village, or a town.
SB93-SSA1,16,2423 2. "Court automated information systems" means the systems under s. 758.19
24(4).
SB93-SSA1,17,5
1(b) The court automated information systems, or the clerk or register in
2probate, if the information is not contained in or cannot be transmitted by the court
3automated information systems, shall promptly notify the department of the name
4of any individual with respect to whom any of the following occurs and the specific
5reason for the notification:
SB93-SSA1,17,76 1. The individual is found by a court to have committed a felony or any other
7crime that would disqualify the individual from having a license under this section.
SB93-SSA1,17,88 2. The individual is found incompetent under s. 971.14.
SB93-SSA1,17,109 3. The individual is found not guilty of any crime by reason of mental disease
10or mental defect under s. 971.17.
SB93-SSA1,17,1211 4. The individual is involuntarily committed for treatment under s. 51.20 or
1251.45.
SB93-SSA1,17,1313 5. The individual is found incompetent under ch. 54.
SB93-SSA1,17,1514 6. The individual becomes subject to an injunction described in s. 941.29 (1) (f)
15or is ordered not to possess a firearm under s. 813.125 (4m).
SB93-SSA1,17,1716 7. A court has prohibited the individual from possessing a dangerous weapon
17under s. 969.02 (3) (c).
SB93-SSA1,17,1918 8. A court has ordered the individual not to possess a firearm under s. 51.20 (13)
19(cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).
SB93-SSA1,17,2220 (c) Upon receiving a notice under par. (b), the department shall immediately
21determine if the individual who is the subject of the notice is a licensee, using the list
22maintained under sub. (12) (a).
SB93-SSA1,18,4 23(12) Maintenance, use, and publication of records by the department. (a) The
24department shall maintain a computerized record listing the names and the
25information specified in sub. (2m) (b) of all individuals who have been issued an

1optional license under this section. Subject to par. (b) 2., neither the department nor
2any employee of the department may store, maintain, format, sort, or access the
3information in any way other than by the names, dates of birth, or sex of licensees
4or by the identification numbers assigned to licensees under sub. (2m) (b) 6.
SB93-SSA1,18,65 (b) 1. A law enforcement officer may not request or be provided information
6under par. (a) concerning a specific licensee except for one of the following purposes:
SB93-SSA1,18,87 a. To investigate whether an individual submitted an intentionally false
8statement under sub. (7) (b) or (15) (b) 2.
SB93-SSA1,18,99 b. To investigate whether an individual complied with sub. (14) (b) 3.
SB93-SSA1,18,1110 2. A person who is a law enforcement officer in a state other than Wisconsin
11may request and be provided information for the following purposes:
SB93-SSA1,18,1312 a. To confirm that a license produced by an individual at the request of a law
13enforcement officer in a state other than Wisconsin is valid.
SB93-SSA1,18,1614 b. If an individual is carrying a concealed weapon and claims to hold a valid
15license issued under this section but does not have his or her license document, to
16confirm that the individual holds a valid license under this section.
SB93-SSA1,18,2117 (c) Notwithstanding s. 19.35, the department of justice, the department of
18transportation, or any employee of either department may not make information
19obtained under this section available to the public except in the context of a
20prosecution for an offense in which the person's status as a licensee is relevant or
21through a report created under sub. (19).
SB93-SSA1,18,25 22(12g) Providing licensee information to law enforcement agencies. (a) The
23department shall provide information concerning a specific licensee to a law
24enforcement agency, but only if the law enforcement agency is requesting the
25information for any of the following purposes:
SB93-SSA1,19,3
11. If the law enforcement agency is not a Wisconsin law enforcement agency,
2to confirm that a license produced by an individual at the request of a law
3enforcement officer is valid.
SB93-SSA1,19,74 2. If the law enforcement agency is not a Wisconsin law enforcement agency,
5to confirm that an individual holds a valid license under this section if an individual
6is carrying a concealed weapon and claims to hold a valid license issued under this
7section but does not have his or her license document.
SB93-SSA1,19,108 3. If the law enforcement agency is a Wisconsin law enforcement agency, to
9investigate whether an individual submitted an intentionally false statement under
10sub. (7) (b) or (15) (b) 2.
SB93-SSA1,19,1411 (b) 1. Notwithstanding s. 19.35, neither a law enforcement agency nor any of
12its employees may make information regarding an individual that was obtained from
13the department under par. (a) 3. available to the public except in the context of a
14prosecution for an offense in which the person's status as a licensee is relevant.
SB93-SSA1,19,1715 2. Neither a law enforcement agency nor any of its employees may store or
16maintain information regarding an individual that was obtained from the
17department under par. (a) 3. based on the individual's status as a licensee.
SB93-SSA1,19,2118 3. Neither a law enforcement agency nor any of its employees may sort or access
19information regarding vehicle stops, investigations, civil or criminal offenses, or
20other activities involving the agency based on the status as licensees of any
21individuals involved.
SB93-SSA1,20,6 22(13) Lost or destroyed license. If a license document is lost, a licensee no
23longer has possession of his or her license, or a license document is destroyed,
24unreadable, or unusable, a licensee may submit to the department a statement
25requesting a replacement license document, the license document or any portions of

1the license document if available, and a $15 replacement fee. The department shall
2issue a replacement license document to the licensee within 14 days of receiving the
3statement and fee. If the licensee does not submit the original license document to
4the department, the department shall terminate the unique approval number of the
5original request and issue a new unique approval number for the replacement
6request.
SB93-SSA1,20,9 7(14) License revocation and suspension. (a) The department shall revoke a
8license issued under this section if the department determines that sub. (3) (b), (c),
9or (d) applies to the licensee.
SB93-SSA1,20,1610 (am) The department shall suspend a license issued under this section if a court
11has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3)
12(c). If the individual whose license was suspended is no longer subject to the
13prohibition under s. 969.02 (3) (c), sub. (3) (b), (c), or (d) does not apply to the
14individual, and the suspended license would not have expired under sub. (15) (a) had
15it not been suspended, the department shall restore the license within 5 business
16days of notification that the licensee is no longer subject to the prohibition.
SB93-SSA1,20,2017 (b) 1. If the department suspends or revokes a license issued under this section,
18the department shall send the individual whose license has been suspended or
19revoked notice of the suspension or revocation by certified mail within one day after
20the suspension or revocation.
SB93-SSA1,20,2321 2. If the department suspends or revokes a license under this section, the
22suspension or revocation takes effect when the individual whose license has been
23suspended or revoked receives the notice under subd. 1.
SB93-SSA1,20,2524 3. Within 7 days after receiving the notice, the individual whose license has
25been suspended or revoked shall do one of the following:
SB93-SSA1,21,2
1a. Deliver the license document personally or by certified mail to the
2department.
SB93-SSA1,21,53 b. Mail a signed statement to the department stating that he or she no longer
4has possession of his or her license document and stating the reasons why he or she
5no longer has possession.
SB93-SSA1,21,8 6(14g) Departmental review. The department shall promulgate rules providing
7for the review of any action by the department denying an application for, or
8suspending or revoking, a license under this section.
SB93-SSA1,21,13 9(14m) Appeals to the circuit court. (a) An individual aggrieved by any action
10by the department denying an application for, or suspending or revoking, a license
11under this section, may appeal directly to the circuit court of the county in which the
12individual resides without regard to whether the individual has sought review under
13the process established in sub. (14g).
SB93-SSA1,21,2114 (b) To begin an appeal under this subsection, the aggrieved individual shall file
15a petition for review with the clerk of the applicable circuit court within 30 days of
16receiving notice of denial of an application for a license or of suspension or revocation
17of a license. The petition shall state the substance of the department's action from
18which the individual is appealing and the grounds upon which the individual
19believes the department's action to be improper. The petition may include a copy of
20any records or documents that are relevant to the grounds upon which the individual
21believes the department's action to be improper.
SB93-SSA1,21,2422 (c) A copy of the petition shall be served upon the department either personally
23or by registered or certified mail within 5 days after the individual files his or her
24petition under par. (b).
SB93-SSA1,22,4
1(d) The department shall file an answer within 15 days after being served with
2the petition under par. (c). The answer shall include a brief statement of the actions
3taken by the department. The department shall include with the answer when filed
4a copy of any documents or records on which the department based its action.
SB93-SSA1,22,85 (e) The court shall review the petition, the answer, and any records or
6documents submitted with the petition or the answer. The review under this
7paragraph shall be conducted by the court without a jury but the court may schedule
8a hearing and take testimony.
SB93-SSA1,22,109 (f) The court shall reverse the department's action if the court finds any of the
10following:
SB93-SSA1,22,1211 1. That the department failed to follow any procedure, or take any action,
12prescribed under this section.
SB93-SSA1,22,1413 2. That the department erroneously interpreted a provision of law and a correct
14interpretation compels a different action.
SB93-SSA1,22,1615 3. That the department's action depends on a finding of fact that is not
16supported by substantial evidence in the record.
SB93-SSA1,22,1817 4. a. If the appeal is regarding a denial, that the denial was based on factors
18other than the factors under sub. (3).
SB93-SSA1,22,2019 b. If the appeal is regarding a suspension or revocation, that the suspension or
20revocation was based on criteria other than those under sub. (14) (a) or (am).
SB93-SSA1,22,2221 (g) 1. The court's decision shall provide whatever relief is appropriate
22regardless of the original form of the petition.
SB93-SSA1,22,2523 2. If the court reverses the department's action, the court may order the
24department to pay the aggrieved individual all court costs and reasonable attorney
25fees.
SB93-SSA1,23,4
1(15) License expiration and renewal. (a) Except as provided in par. (e) and
2sub. (9r) (b), an optional license issued under this section is valid for a period of 5
3years from the date on which the license is issued unless the license is suspended or
4revoked under sub. (14).
SB93-SSA1,23,95 (b) The department shall design a notice of expiration form. At least 90 days
6before the expiration date of a license issued under this section, the department shall
7mail to the licensee a notice of expiration form and a form for renewing the license.
8The department shall renew the license if, no later than 90 days after the expiration
9date of the license, the licensee does all of the following:
SB93-SSA1,23,1010 1. Submits a renewal application on the form provided by the department.
SB93-SSA1,23,1311 2. Submits a statement reporting that the information provided under subd.
121. is true and complete to the best of his or her knowledge and that he or she is not
13disqualified under sub. (3).
SB93-SSA1,23,1414 4. Pays all of the following:
SB93-SSA1,23,1715 a. A renewal fee in an amount, as determined by the department by rule, that
16is equal to the cost of renewing the license but does not exceed $27. The department
17shall determine the costs of renewing a license by using a 5-year planning period.
SB93-SSA1,23,1918 b. A fee for a background check that is equal to the fee charged under s. 175.35
19(2i).
SB93-SSA1,23,2120 (c) The department shall conduct a background check of a licensee as provided
21under sub. (9g) before renewing the licensee's license under par. (b).
SB93-SSA1,23,2322 (d) The department shall issue a renewal license by 1st class mail within 21
23days of receiving a renewal application, statement, and fees under par. (b).
SB93-SSA1,24,224 (e) The license of a member of the U.S. armed forces, a reserve unit of the armed
25forces, or the national guard who is deployed overseas while on active duty may not

1expire until at least 90 days after the end of the licensee's overseas deployment
2unless the license is suspended or revoked under sub. (14).
SB93-SSA1,24,5 3(17) Penalties. (a) Any person who violates sub. (2m) (e), (12), or (12g) may
4be fined not more than $500 or sentenced to a term of imprisonment of not more than
530 days or both.
SB93-SSA1,24,106 (ar) Any law enforcement officer who uses excessive force based solely on an
7individual's status as a licensee may be fined not more than $500 or sentenced to a
8term of imprisonment of not more than 30 days or both. The application of the
9criminal penalty under this paragraph does not preclude the application of any other
10civil or criminal remedy.
SB93-SSA1,24,1411 (b) Any person required under sub. (14) (b) 3. to relinquish or deliver an
12optional license document to the department who intentionally violates the
13requirements of that subdivision shall be fined not more than $500 and may be
14imprisoned for not more than 30 days or both.
SB93-SSA1,24,17 15(18) Reciprocity agreements. The department may enter into reciprocity
16agreements with other states as to matters relating to licenses or other authorization
17to carry concealed weapons.
SB93-SSA1,25,2 18(19) Statistical report. By March 1 of each year, the department shall submit
19a statistical report to the legislature under s. 13.172 (2) and to the governor that
20indicates the number of optional licenses applied for, issued, denied, suspended, and
21revoked under this section during the previous calendar year. For the licenses
22denied, the report shall indicate the reasons for the denials and the part of the
23application process in which the reasons for denial were discovered. For the licenses
24suspended or revoked, the report shall indicate the reasons for the suspensions and
25revocations. The department may not include in the report any information that may

1be used to identify an applicant or a licensee, including, but not limited to, a name,
2address, birth date, or social security number.
SB93-SSA1,25,7 3(21) Immunity. The department of justice, the department of transportation,
4and the employees of each department; clerks, as defined in sub. (11) (a) 1., and their
5staff; and court automated information systems, as defined under sub. (11) (a) 2., and
6their employees are immune from liability arising from any act or omission under
7this section, if done so in good faith.
SB93-SSA1, s. 45 8Section 45. 345.11 (1s) of the statutes is amended to read:
SB93-SSA1,25,119 345.11 (1s) The uniform traffic citation shall be used by a traffic officer
10employed under s. 110.07 for a violation of s. 167.31 (2) (b), (c) or (d) when committed
11on a highway.
SB93-SSA1, s. 46 12Section 46. 345.20 (2) (f) of the statutes is amended to read:
SB93-SSA1,25,1713 345.20 (2) (f) Sections 23.50 to 23.85 apply to actions in circuit court to recover
14forfeitures and weapons surcharges imposed under ch. 814 for violations of s. 167.31
15(2) (b), (c), or (d). No points may be assessed against the driving record of a person
16convicted of a violation of s. 167.31 (2) (b), (c) , or (d). The report of conviction shall
17be forwarded to the department.
SB93-SSA1, s. 47 18Section 47. 813.12 (6) (am) 1. of the statutes is amended to read:
SB93-SSA1,25,2519 813.12 (6) (am) 1. If an injunction is issued or extended under sub. (4) or if a
20tribal injunction is filed under s. 806.247 (3), the clerk of the circuit court shall notify
21the department of justice of the injunction and shall provide the department of
22justice with information concerning the period during which the injunction is in
23effect and information necessary to identify the respondent for purposes of a firearms
24restrictions record search under s. 175.35 (2g) (c) or a background check under s.
25175.60 (9g) (a)
.
SB93-SSA1, s. 48
1Section 48. 813.122 (9) (am) 1. of the statutes is amended to read:
SB93-SSA1,26,72 813.122 (9) (am) 1. If an injunction is issued or extended under sub. (5), the
3clerk of the circuit court shall notify the department of justice of the injunction and
4shall provide the department of justice with information concerning the period
5during which the injunction is in effect and information necessary to identify the
6respondent for purposes of a firearms restrictions record search under s. 175.35 (2g)
7(c) or a background check under s. 175.60 (9g) (a).
SB93-SSA1, s. 49 8Section 49. 813.125 (5r) (a) of the statutes is amended to read:
SB93-SSA1,26,159 813.125 (5r) (a) If an order prohibiting a respondent from possessing a firearm
10is issued under sub. (4m), the clerk of the circuit court shall notify the department
11of justice of the existence of the order prohibiting a respondent from possessing a
12firearm and shall provide the department of justice with information concerning the
13period during which the order is in effect and information necessary to identify the
14respondent for purposes of a firearms restrictions record search under s. 175.35 (2g)
15(c) or a background check under s. 175.60 (9g) (a).
SB93-SSA1, s. 50 16Section 50. 895.527 (5) (a) of the statutes is amended to read:
SB93-SSA1,26,1917 895.527 (5) (a) Section 167.30 (1), 941.20 (1) (d) or 948.605 or any rule
18promulgated under those sections regulating or prohibiting the discharge of
19firearms.
SB93-SSA1, s. 51 20Section 51. 938.34 (14q) of the statutes is amended to read:
SB93-SSA1,27,521 938.34 (14q) Certain bomb scares and firearm violations. In addition to any
22other disposition imposed under this section, if the juvenile is found to have violated
23s. 947.015 and the property involved is owned or leased by the state or any political
24subdivision of the state, or if the property involved is a school premises, as defined
25in s. 948.61 (1) (c), or if the juvenile is found to have violated s. 941.235 or 948.605,

1immediately suspend the juvenile's operating privilege, as defined in s. 340.01 (40),
2for 2 years. The court shall immediately forward to the department of transportation
3the notice of suspension, stating that the suspension is for a violation of s. 947.015
4involving school premises, or for a violation of s. 941.235 or 948.605. If otherwise
5eligible, the juvenile is eligible for an occupational license under s. 343.10.
SB93-SSA1, s. 52 6Section 52. 938.396 (2g) (n) of the statutes is amended to read:
SB93-SSA1,27,137 938.396 (2g) (n) Firearms restriction record search or background check. If a
8juvenile is adjudged delinquent for an act that would be a felony if committed by an
9adult, the court clerk shall notify the department of justice of that fact. No other
10information from the juvenile's court records may be disclosed to the department of
11justice except by order of the court. The department of justice may disclose any
12information provided under this subsection only as part of a firearms restrictions
13record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
SB93-SSA1, s. 53 14Section 53. 938.78 (3) of the statutes is amended to read:
SB93-SSA1,28,1015 938.78 (3) Release of information when escape or absence; rules. If a juvenile
16adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
17of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats.,
18or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats.,
19or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28,
20941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2)
21(a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2),
22948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a
23juvenile correctional facility, residential care center for children and youth, inpatient
24facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of
25a county jail, or from the custody of a peace officer or a guard of such a facility, center,

1or jail, or has been allowed to leave a juvenile correctional facility, residential care
2center for children and youth, inpatient facility, juvenile detention facility, or
3juvenile portion of a county jail for a specified time period and is absent from the
4facility, center, home, or jail for more than 12 hours after the expiration of the
5specified period, the department or county department having supervision over the
6juvenile may release the juvenile's name and any information about the juvenile that
7is necessary for the protection of the public or to secure the juvenile's return to the
8facility, center, home, or jail. The department shall promulgate rules establishing
9guidelines for the release of the juvenile's name or information about the juvenile to
10the public.
SB93-SSA1, s. 54 11Section 54. 939.22 (10) of the statutes is amended to read:
SB93-SSA1,28,1812 939.22 (10) "Dangerous weapon" means any firearm, whether loaded or
13unloaded; any device designed as a weapon and capable of producing death or great
14bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or
15mouth of another person to impede, partially or completely, breathing or circulation
16of blood; any electric weapon, as defined in s. 941.295 (4); or any other device or
17instrumentality which, in the manner it is used or intended to be used, is calculated
18or likely to produce death or great bodily harm.
SB93-SSA1, s. 55 19Section 55. 939.22 (11m) of the statutes is created to read:
SB93-SSA1,28,2220 939.22 (11m) "Electric weapon" means any device which is designed,
21redesigned, used or intended to be used, offensively or defensively, to immobilize or
22incapacitate persons by the use of electric current.
SB93-SSA1, s. 56 23Section 56. 939.632 (1) (e) 3. of the statutes is amended to read:
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