Amendment SSA2-SB93

SB93-SSA2,45,23 6. The former officer is not under the influence of an intoxicant.

SB93-SSA2,45,25 7. The former officer is not prohibited under federal law from possessing a firearm.

SB93-SSA2, s. 54 Section 54. 941.23 (2) (d) of the statutes is created to read:

SB93-SSA2,46,8 941.23 (2) (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the dangerous weapon is a weapon, as defined under s. 175.60 (1) (j). An individual formerly licensed under s. 175.60 whose license has been suspended or revoked under s. 175.60 (14) may not assert his or her refusal to accept a notice of revocation or suspension mailed under s. 175.60 (14) (b) 1. as a defense to prosecution under this subsection, regardless of whether the person has complied with s. 175.60 (11) (b) 1.

SB93-SSA2, s. 55 Section 55. 941.23 (2) (e) of the statutes is created to read:

SB93-SSA2,46,12 941.23 (2) (e) An individual who carries a concealed and dangerous weapon, as defined in s. 175.60 (1) (j), in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.

SB93-SSA2, s. 56 Section 56. 941.23 (3) of the statutes is created to read:

SB93-SSA2,46,17 941.23 (3) (a) A qualified out-of-state law enforcement officer shall, while carrying a concealed firearm, also have with him or her an identification card that contains his or her photograph and that was issued by the law enforcement agency by which he or she is employed.

SB93-SSA2,46,19 (b) A former officer shall, while carrying a concealed firearm, also have with him or her one of the following:

SB93-SSA2,47,2 1. A photographic identification document issued by the law enforcement agency from which the former officer separated that indicates that, within the 12 months preceding the date on which the former officer is carrying the concealed firearm, he or she was tested or otherwise found by that law enforcement agency to meet the standards for qualification in firearms training that that law enforcement agency sets for active law enforcement officers to carry a firearm of the same type as the firearm that the former officer is carrying.

SB93-SSA2,47,4 2. A photographic identification document issued by the law enforcement agency from which the former officer separated and one of the following:

SB93-SSA2,47,6 a. A certification card issued under s. 175.49 (2), if the former officer resides in this state.

SB93-SSA2,47,16 b. A certification issued by the state in which the former officer resides, if the former officer resides in another state, that indicates that, within the 12 months preceding the date on which the former officer is carrying the concealed firearm, he or she has been found by the state in which he or she resides, or by a certified firearms instructor if such an instructor is qualified to conduct a firearms qualification test for active law enforcement officers in that state, to meet the standards for qualification in firearms training for active law enforcement officers to carry a firearm of the type he or she is carrying, that are established by his or her state of residence or, if that state does not establish standards, by any law enforcement agency in his or her state of residence.

SB93-SSA2,47,21 (c) A person who violates this subsection may be required to forfeit not more than $25, except that the person shall be exempted from the forfeiture if the person presents, within 48 hours, his or her license document or out-of-state license and photographic identification to the law enforcement agency that employs the requesting law enforcement officer.

SB93-SSA2,47,23 (d) This subsection does not apply to a licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

SB93-SSA2, s. 57 Section 57. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and amended to read:

SB93-SSA2,48,1 941.235 (2) (intro.) This section does not apply to peace any of the following:

SB93-SSA2,48,7 (a) Peace officers or armed forces or military personnel who go armed in the line of duty or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police, or the sheriff of any county to possess a firearm in any building under sub. (1). Notwithstanding s. 939.22 (22), for purposes of this subsection paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.

SB93-SSA2, s. 58 Section 58. 941.235 (2) (c) of the statutes is created to read:

SB93-SSA2,48,10 941.235 (2) (c) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

SB93-SSA2, s. 59 Section 59. 941.235 (2) (d) of the statutes is created to read:

SB93-SSA2,48,13 941.235 (2) (d) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

SB93-SSA2, s. 60 Section 60. 941.235 (2) (e) of the statutes is created to read:

SB93-SSA2,48,16 941.235 (2) (e) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

SB93-SSA2, s. 61 Section 61. 941.237 (3) (cr) of the statutes is created to read:

SB93-SSA2,48,19 941.237 (3) (cr) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

SB93-SSA2, s. 62 Section 62. 941.237 (3) (ct) of the statutes is created to read:

SB93-SSA2,48,22 941.237 (3) (ct) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

SB93-SSA2, s. 63 Section 63. 941.237 (3) (cx) of the statutes is created to read:

SB93-SSA2,49,3 941.237 (3) (cx) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the licensee or out-of-state licensee is not consuming alcohol on the premises.

SB93-SSA2, s. 64 Section 64. 941.237 (4) of the statutes is repealed.

SB93-SSA2, s. 65 Section 65. 941.295 (1) of the statutes is renumbered 941.295 (1m).

SB93-SSA2, s. 66 Section 66. 941.295 (1c) (b) and (c) of the statutes are created to read:

SB93-SSA2,49,7 941.295 (1c) (b) "Licensee" has the meaning given in s. 175.60 (1) (d).

SB93-SSA2,49,8 (c) "Out-of-state licensee" has the meaning given in s. 175.60 (1) (g).

SB93-SSA2, s. 67 Section 67. 941.295 (2) (intro.) of the statutes is amended to read:

SB93-SSA2,49,10 941.295 (2) (intro.) Subsection (1) (1m) does not apply to any of the following:

SB93-SSA2, s. 68 Section 68. 941.295 (2) (d) of the statutes is renumbered 941.295 (2) (d) (intro.) and amended to read:

SB93-SSA2,49,16 941.295 (2) (d) (intro.) Any manufacturer or seller whose of electric weapons are used in this state solely by persons, unless the manufacturer or seller engages in the conduct described in sub. (1m) with the intent to provide an electric weapon to someone other than one of the following:

SB93-SSA2,49,17 1. A person specified in pars. (a) to (c), a licensee, or an out-of-state licensee.

SB93-SSA2, s. 69 Section 69. 941.295 (2) (d) 2. of the statutes is created to read:

SB93-SSA2,49,20 941.295 (2) (d) 2. A person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.

SB93-SSA2, s. 70 Section 70. 941.295 (2g) of the statutes is created to read:

SB93-SSA2,49,23 941.295 (2g) The prohibition in sub. (1m) on possessing or going armed with an electric weapon does not apply to any of the following:

SB93-SSA2,49,24 (a) A licensee or an out-of-state licensee.

SB93-SSA2,50,3 (b) An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.

SB93-SSA2, s. 71 Section 71. 941.295 (2r) of the statutes is created to read:

SB93-SSA2,50,6 941.295 (2r) The prohibition in sub. (1m) on transporting an electric weapon does not apply to any of the following:

SB93-SSA2,50,7 (a) A licensee or an out-of-state licensee.

SB93-SSA2,50,10 (b) An individual who is not a licensee or an out-of-state licensee who transports an electric weapon if the electric weapon is enclosed within a carrying case.

SB93-SSA2, s. 72 Section 72. 941.295 (4) of the statutes is renumbered 941.295 (1c) (intro.) and amended to read:

SB93-SSA2,50,13 941.295 (1c) (intro.) In this section, "electric:

SB93-SSA2,50,16 (a) "Electric weapon" means any device which is designed, redesigned, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.

SB93-SSA2, s. 73 Section 73. 943.13 (1e) (a) of the statutes is renumbered 943.13 (1e) (ar).

SB93-SSA2, s. 74 Section 74. 943.13 (1e) (aL) of the statutes is created to read:

SB93-SSA2,50,19 943.13 (1e) (aL) "Carry" has the meaning given in s. 175.60 (1) (ag).

SB93-SSA2, s. 75 Section 75. 943.13 (1e) (bm) of the statutes is created to read:

SB93-SSA2,50,22 943.13 (1e) (bm) "Licensee" means a licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

SB93-SSA2, s. 76 Section 76. 943.13 (1e) (cm) of the statutes is created to read:

SB93-SSA2,51,2 943.13 (1e) (cm) "Nonresidential building" includes a nursing home as defined in s. 50.01 (3), a community-based residential facility as defined in s. 50.01 (1g), a residential care apartment complex as defined in s. 50.01 (1d), an adult family home as defined in s. 50.01 (1), and a hospice as defined in s. 50.90 (1).

SB93-SSA2, s. 77 Section 77. 943.13 (1e) (g) of the statutes is created to read:

SB93-SSA2,51,5 943.13 (1e) (g) "Out-of-state licensee" has the meaning given in s. 175.60 (1) (g).

SB93-SSA2, s. 78 Section 78. 943.13 (1e) (h) of the statutes is created to read:

SB93-SSA2,51,9 943.13 (1e) (h) "Special event" means an event that is open to the public, is for a duration of not more than 3 weeks, and either has designated entrances to and from the event that are locked when the event is closed or requires an admission.

SB93-SSA2, s. 79 Section 79. 943.13 (1m) (b) of the statutes is amended to read:

SB93-SSA2,51,15 943.13 (1m) (b) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises. This paragraph does not apply to a licensee or out-of-state licensee if the owner's or occupant's intent is to prevent the licensee or out-of-state licensee from carrying a firearm on the owner's or occupant's land.

SB93-SSA2, s. 80 Section 80. 943.13 (1m) (c) of the statutes is created to read:

SB93-SSA2,52,2 943.13 (1m) (c) 1. While carrying a firearm, enters or remains at a residence that the actor does not own or occupy after the owner of the residence, if he or she has not leased it to another person, or the occupant of the residence has notified the actor not to enter or remain at the residence while carrying a firearm or with that type of firearm. In this subdivision, "residence," with respect to a single-family residence, includes the residence building and the parcel of land upon which the residence building is located, and "residence," with respect to a residence that is not a single-family residence, does not include any common area of the building in which the residence is located or any common areas of the rest of the parcel of land upon which the residence building is located.

SB93-SSA2,52,10 1m. While carrying a firearm, enters or remains in a common area in a building, or on the grounds of a building, that is a residence that is not a single-family residence if the actor does not own the residence or does not occupy any part of the residence, if the owner of the residence has notified the actor not to enter or remain in the common area or on the grounds while carrying a firearm or with that type of firearm. This subdivision does not apply to a part of the grounds of the building if that part is used for parking and the firearm is in a vehicle driven or parked in that part.

SB93-SSA2,52,22 2. While carrying a firearm, enters or remains in any part of a nonresidential building, grounds of a nonresidential building, or land that the actor does not own or occupy after the owner of the building, grounds, or land, if that part of the building, grounds, or land has not been leased to another person, or the occupant of that part of the building, grounds, or land has notified the actor not to enter or remain in that part of the building, grounds, or land while carrying a firearm or with that type of firearm. This subdivision does not apply to a part of a building, grounds, or land occupied by the state or by a local governmental unit, to a privately or publicly owned building on the grounds of a university or college, or to the grounds of or land owned or occupied by a university of college, or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of a building, grounds, or land used as a parking facility.

SB93-SSA2,53,2 3. While carrying a firearm, enters or remains at a special event if the organizers of the special event have notified the actor not to enter or remain at the special event while carrying a firearm or with that type of firearm. This subdivision does not apply, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the special event grounds or building used as a parking facility.

SB93-SSA2,53,9 4. Enters or remains in any part of a building that is owned, occupied, or controlled by the state or any local governmental unit, excluding any building or portion of a building under s. 175.60 (16) (a), if the state or local governmental unit has notified the actor not to enter or remain in the building while carrying a firearm or with that type of firearm. This subdivision does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.

SB93-SSA2,53,15 5. Enters or remains in any privately or publicly owned building on the grounds of a university or college, if the university or college has notified the actor not to enter or remain in the building while carrying a firearm or with that type of firearm. This subdivision does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.

SB93-SSA2, s. 81 Section 81. 943.13 (2) of the statutes is renumbered 943.13 (2) (am), and 943.13 (2) (am) (intro.) and 1., as renumbered, are amended to read:

SB93-SSA2,53,21 943.13 (2) (am) (intro.) A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this subsection paragraph under either of the following procedures:

SB93-SSA2,54,5 1. If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must carry provide an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this paragraph subdivision were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this paragraph subdivision.

SB93-SSA2, s. 82 Section 82. 943.13 (2) (bm) of the statutes is created to read:

SB93-SSA2,54,8 943.13 (2) (bm) 1. In this paragraph, "sign" means a sign that states a restriction imposed under subd. 2. that is at least 5 inches by 7 inches.

SB93-SSA2,54,16 2. a. For the purposes of sub. (1m) (c) 1m., an owner of a residence that is not a single-family residence has notified an individual not to enter or remain in a part of that building, or on the grounds of that building, while carrying a firearm or with a particular type of firearm if the owner has posted a sign that is located in a prominent place near all of the entrances to the part of the building to which the restriction applies or near all probable access points to the grounds to which the restriction applies and any individual entering the building or the grounds can be reasonably expected to see the sign.

SB93-SSA2,54,24 am. For the purposes of sub. (1m) (c) 2., 4., and 5., an owner or occupant of a part of a nonresidential building, the state or a local governmental unit, or a university or a college has notified an individual not to enter or remain in a part of the building while carrying a firearm or with a particular type of firearm if the owner, occupant, state, local governmental unit, university, or college has posted a sign that is located in a prominent place near all of the entrances to the part of the building to which the restriction applies and any individual entering the building can be reasonably expected to see the sign.

SB93-SSA2,55,7 b. For the purposes of sub. (1m) (c) 2., an owner or occupant of the grounds of a nonresidential building or of land has notified an individual not to enter or remain on the grounds or land while carrying a firearm or with a particular type of firearm if the owner or occupant has posted a sign that is located in a prominent place near all probable access points to the grounds or land to which the restriction applies and any individual entering the grounds or land can be reasonably expected to see the sign.

SB93-SSA2,55,12 c. For the purposes of sub. (1m) (c) 3., the organizers of the special event have notified an individual not to enter or remain at the special event while carrying a firearm or with a particular type of firearm if the organizers have posted a sign that is located in a prominent place near all of the entrances to the special event and any individual attending the special event can be reasonably expected to see the sign.

SB93-SSA2, s. 83 Section 83. 943.13 (3) of the statutes is amended to read:

SB93-SSA2,55,17 943.13 (3) Whoever erects on the land of another signs which are the same as or similar to those described in sub. (2) (am) without obtaining the express consent of the lawful occupant of or holder of legal title to such land is subject to a Class C forfeiture.

SB93-SSA2, s. 84 Section 84. 946.71 of the statutes is created to read:

SB93-SSA2,55,20 946.71 Unlawful use of license for carrying concealed weapons. (1) In this section, "license" means a license issued under s. 175.60 (2) or (9r).

SB93-SSA2,55,21 (2) Whoever does any of the following is guilty of a Class A misdemeanor:

SB93-SSA2,55,23 (a) Intentionally represents as valid any revoked, suspended, fictitious, or fraudulently altered license.

SB93-SSA2,55,25 (b) If the actor holds a license, intentionally sells or lends the license to any other individual or knowingly permits another individual to use the license.