Amendment SSA1-SB169

SB169-SSA1,5,13 66.0409 (2) Except as provided in subs. (3) and (4), no political subdivision may enact or enforce an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration, or taxation of any knife, any electric weapon, or any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.

SB169-SSA1,13 Section 13 . 66.0409 (2m) of the statutes is created to read:

SB169-SSA1,5,17 66.0409 (2m) No political subdivision or other person may prohibit individuals from going armed with a firearm, knife, or electric weapon on a vehicle that is part of a public mass transportation system.

SB169-SSA1,14 Section 14 . 66.0409 (3) (a) and (c) and (6) of the statutes are amended to read:

SB169-SSA1,5,22 66.0409 (3) (a) Nothing in this section prohibits a county from imposing a sales tax or use tax under subch. V of ch. 77 on any knife, any electric weapon, or any firearm or part of a firearm, including ammunition and reloader components, sold in the county.

SB169-SSA1,6,2 (c) Nothing in this section prohibits a political subdivision from enacting or enforcing an ordinance or adopting a resolution that prohibits the possession of a knife or an electric weapon in a building, or part of a building, that is owned, occupied, or controlled by the political subdivision.

SB169-SSA1,6,10 (6) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, no person may be in violation of, or be charged with a violation of, an ordinance of a political subdivision relating to disorderly conduct or other inappropriate behavior for loading a firearm, or for carrying or going armed with a firearm, an electric weapon, or a knife, without regard to whether the firearm is loaded or the firearm, the electric weapon, or the knife is concealed or openly carried. Any ordinance in violation of this subsection does not apply and may not be enforced.

SB169-SSA1,15 Section 15 . 165.81 (2) of the statutes is repealed.

SB169-SSA1,16 Section 16. 167.31 (4) (a) (intro.) of the statutes is amended to read:

SB169-SSA1,6,17 167.31 (4) (a) (intro.) Subsections The prohibitions in subs. (2) and (3) do not apply to any of the following who, are acting in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:

SB169-SSA1,17 Section 17. 167.31 (4) (a) 1. of the statutes is created to read:

SB169-SSA1,6,19 167.31 (4) (a) 1. A peace officer.

SB169-SSA1,18 Section 18 . 167.31 (4) (am) 1. of the statutes is repealed.

SB169-SSA1,19 Section 19 . 167.31 (4) (am) 2. of the statutes is repealed.

SB169-SSA1,20 Section 20 . 167.31 (4) (am) 3. of the statutes is renumbered 167.31 (4) (am).

SB169-SSA1,21 Section 21. 173.07 (5) (b) of the statutes is repealed.

SB169-SSA1,22 Section 22 . 175.60 (1) (bm) of the statutes is amended to read:

SB169-SSA1,7,6 175.60 (1) (bm) “Handgun" means any weapon firearm 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. 941.25 (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).

SB169-SSA1,23 Section 23 . 175.60 (1) (dm) and (h) of the statutes are repealed.

SB169-SSA1,24 Section 24 . 175.60 (1) (i) (intro.) and 1. of the statutes are consolidated, renumbered 175.60 (1) (i) and amended to read:

SB169-SSA1,7,16 175.60 (1) (i) “State identification card number" means one of the following: 1. The the unique identifying driver number assigned to a Wisconsin resident an individual by the department of transportation under s. 343.17 (3) (a) 4. or a comparable number assigned to an individual by another state or, if the Wisconsin resident individual has no driver number, the number assigned to the Wisconsin resident individual on an identification card issued under s. 343.50 or on a comparable card issued by another state.

SB169-SSA1,25 Section 25. 175.60 (1) (i) 2. of the statutes is repealed.

SB169-SSA1,26 Section 26 . 175.60 (1) (j) of the statutes is amended to read:

SB169-SSA1,7,20 175.60 (1) (j) “Weapon" means a handgun, or an electric weapon, as defined in s. 941.295 (1c) (a), or a billy club 939.22 (11m).

SB169-SSA1,27 Section 27 . 175.60 (2) (c) and (d) of the statutes are amended to read:

SB169-SSA1,8,2 175.60 (2) (c) Unless expressly provided in this section, this section does not limit an individual's right to carry a firearm, whether that firearm is concealed or is not concealed or whether or not the individual is a licensee or an out-of-state licensee. A licensee, an out-of-state licensee, or an individual without a license may carry a firearm anywhere in this state except as provided in ss. 941.235, 943.13 (1m) and (1n), and 948.605.

SB169-SSA1,8,4 (d) For To the extent permitted under federal law, for purposes of 18 USC 922 (q) (2) (B) (ii), an out-of-state licensee is licensed by this state.

SB169-SSA1,28 Section 28 . 175.60 (2) (e) of the statutes is created to read:

SB169-SSA1,8,11 175.60 (2) (e) If the federal government creates standards that would allow a license to be recognized by other states and the license issued under this section does not comply with the federal standards, the department shall create an enhanced license that complies with the federal standards. A licensee may request the department to replace his or her license with the enhanced license by submitting proof of meeting the federal standards and a $12 replacement fee.

SB169-SSA1,29 Section 29 . 175.60 (2g) of the statutes is repealed.

SB169-SSA1,30 Section 30 . 175.60 (2m) (a) of the statutes is amended to read:

SB169-SSA1,8,17 175.60 (2m) (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 September 1, 2011.

SB169-SSA1,31 Section 31. 175.60 (2m) (bm) of the statutes is repealed.

SB169-SSA1,32 Section 32 . 175.60 (3) (f) of the statutes is repealed.

SB169-SSA1,33 Section 33 . 175.60 (5) (a) (intro.) and 1. of the statutes are amended to read:

SB169-SSA1,9,3 175.60 (5) (a) (intro.) 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 September 1, 2011, and shall complete the design of the renewal form no later than July 1, 2014. 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:

SB169-SSA1,9,5 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.

SB169-SSA1,34 Section 34 . 175.60 (5) (a) 6. of the statutes is amended to read:

SB169-SSA1,9,12 175.60 (5) (a) 6. A statement of the places under sub. (16) s. 941.235 where a licensee is prohibited from carrying a weapon, as well as an explanation of the provisions under sub. (15m) and ss. s. 943.13 (1m) (c) and 948.605 (2) (b) 1r. (1n) 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.

SB169-SSA1,35 Section 35 . 175.60 (9) (b) 2. of the statutes is amended to read:

SB169-SSA1,9,17 175.60 (9) (b) 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.

SB169-SSA1,36 Section 36 . 175.60 (11) (b) 1. of the statutes is renumbered 175.60 (11) (b) and amended to read:

SB169-SSA1,9,23 175.60 (11) (b) 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). The penalty under s. 939.61 does not apply to a violation under this paragraph.

SB169-SSA1,37 Section 37 . 175.60 (11) (b) 2., 3. and 4. of the statutes are repealed.

SB169-SSA1,38 Section 38. 175.60 (12) (b) 1. a. and b. of the statutes are renumbered 175.60 (12) (b) 2. a. and b.

SB169-SSA1,39 Section 39 . 175.60 (12) (b) 2. of the statutes is renumbered 175.60 (12) (b) 2. (intro.) and amended to read:

SB169-SSA1,10,7 175.60 (12) (b) 2. (intro.) A person who is a law enforcement officer in a state other than Wisconsin may request and be provided information under subd. 1. a. and b. only for one of the following purposes:

SB169-SSA1,40 Section 40 . 175.60 (14) (a) and (am) of the statutes are amended to read:

SB169-SSA1,10,10 175.60 (14) (a) The department shall revoke a license issued under this section if the department determines that sub. (3) (b), (c), (e), (f), or (g) applies to the licensee.

SB169-SSA1,10,18 (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.

SB169-SSA1,41 Section 41 . 175.60 (15m) of the statutes is renumbered 103.08 and amended to read:

SB169-SSA1,11,2 103.08 Employer restrictions on carrying a weapon. (1) Except as provided in par. (b) sub. (2), an employer may prohibit a licensee or an out-of-state licensee that it employs an employee from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee's or out-of-state licensee's employee's employment or during any part of the licensee's or out-of-state licensee's employee's course of employment.

SB169-SSA1,11,9 (2) An employer may not prohibit a licensee or an out-of-state licensee an employee or another person, as a condition of employment of the employee, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the licensee's or out-of-state licensee's an employee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer.

SB169-SSA1,42 Section 42 . 175.60 (16) (title) and (b) (intro.) of the statutes are repealed.

SB169-SSA1,43 Section 43 . 175.60 (16) (a) and (b) 1., 2. and 3. of the statutes are renumbered 941.235 (1g) and (2) (f), (g) and (h), and 941.235 (1g) (intro.) and (2) (f), (g) and (h), as renumbered, are amended to read:

SB169-SSA1,11,17 941.235 (1g) (intro.) Except as provided in par. (b), neither a licensee nor an out-of-state licensee may sub. (2), any person who knowingly carry carries a concealed weapon, a weapon that is not concealed, or a firearm that is not a weapon in any of the following places is guilty of a Class C misdemeanor:

SB169-SSA1,11,20 (2) (f) A weapon firearm in a vehicle driven or parked in a parking facility located in a building that is used as, or any portion of which is used as, a location under par. (a) sub. (1g).

SB169-SSA1,11,24 (g) A weapon firearm in a courthouse or courtroom if a judge who is a licensee is carrying the weapon or if another licensee or out-of-state licensee individual, whom a judge has permitted in writing to carry a weapon firearm, is carrying the weapon firearm.

SB169-SSA1,12,2 (h) A weapon firearm in a courthouse or courtroom if a district attorney, or an assistant district attorney, who is a licensee is carrying the weapon firearm.

SB169-SSA1,44 Section 44 . 175.60 (17) (a), (ac) and (b) of the statutes are repealed.

SB169-SSA1,45 Section 45 . 175.60 (21) (c) of the statutes is renumbered 103.08 (3) and amended to read:

SB169-SSA1,12,8 103.08 (3) An employer that does not prohibit one or more employees from carrying a concealed weapon under sub. (15m) (1) is immune from any liability arising from its decision.

SB169-SSA1,46 Section 46 . 440.26 (3m) of the statutes is repealed.

SB169-SSA1,47 Section 47. 938.78 (3) of the statutes is amended to read:

SB169-SSA1,13,6 938.78 (3) Release of information when escape or absence; rules. If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a juvenile correctional facility, residential care center for children and youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, or jail, or has been allowed to leave a juvenile correctional facility, residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, the department of corrections or county department, whichever has supervision over the juvenile, may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, center, home, or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

SB169-SSA1,48 Section 48 . 939.22 (10) of the statutes is amended to read:

SB169-SSA1,13,14 939.22 (10) “Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; any electric weapon, as defined in s. 941.295 (1c) (a); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

SB169-SSA1,49 Section 49 . 939.22 (11m) of the statutes is created to read:

SB169-SSA1,13,18 939.22 (11m) “Electric weapon” means any device that is designed, redesigned, used, or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.

SB169-SSA1,50 Section 50 . 939.22 (20s) of the statutes is repealed.

SB169-SSA1,51 Section 51 . 939.32 (1) (e) of the statutes is amended to read:

SB169-SSA1,13,22 939.32 (1) (e) Whoever attempts to commit a crime under s. 948.605 (3) (a) is subject to the penalty provided in that paragraph for the completed act.

SB169-SSA1,52 Section 52. 939.632 (1) (e) 3. of the statutes is amended to read:

SB169-SSA1,13,25 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).

SB169-SSA1,53 Section 53. 941.23 of the statutes is repealed.

SB169-SSA1,54 Section 54. 941.235 (1) and (2) (e) of the statutes are repealed.

SB169-SSA1,55 Section 55 . 941.235 (2) (c) and (d) of the statutes are amended to read:

SB169-SSA1,14,6 941.235 (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 who is in compliance with 18 USC 926B.

SB169-SSA1,14,8 (d) A former law enforcement officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies who is in compliance with 18 USC 926C.

SB169-SSA1,56 Section 56 . 941.237 (1) (intro.) and (e) of the statutes are consolidated, renumbered 941.237 (1) and amended to read:

SB169-SSA1,14,12 941.237 (1) In this section: (e) “Premises", “premises” has the meaning given in s. 125.02 (14m), but excludes any area primarily used as a residence.

SB169-SSA1,57 Section 57 . 941.237 (1) (a) to (dr) and (em) to (g) of the statutes are repealed.

SB169-SSA1,58 Section 58 . 941.237 (2) of the statutes is amended to read:

SB169-SSA1,14,17 941.237 (2) Whoever intentionally goes armed with a handgun on any premises for which a Class “B" or “Class B" license or permit has been issued under ch. 125, while consuming alcohol on the premises, is guilty of a Class A misdemeanor.

SB169-SSA1,59 Section 59 . 941.237 (3) of the statutes is repealed.

SB169-SSA1,60 Section 60 . 941.29 (1g) (a) of the statutes is renumbered 941.29 (1g) (av).

SB169-SSA1,61 Section 61 . 941.29 (1g) (af) of the statutes is created to read:

SB169-SSA1,14,22 941.29 (1g) (af) “Firearm” does not include an antique firearm under 18 USC 921 (a) (16).

SB169-SSA1,62 Section 62 . 941.295 of the statutes is repealed and recreated to read: