AB605: Bill Text

AB605,11,10 (j) The individual has not been found incompetent under ch. 880 or, if the individual has been found incompetent under ch. 880, he or she was subsequently found to be competent and, on the date that he or she submits an application under sub. (7), at least 5 years have elapsed from the date that he or she was found to be competent.

AB605,11,16 (k) The individual has not been involuntarily committed for treatment under s. 51.20 due to mental illness or a developmental disability or, if the individual has been involuntarily committed for treatment under s. 51.20 due to mental illness or a developmental disability, he or she presents evidence from a psychiatrist licensed in this state that he or she has not been disabled due to mental illness or a developmental disability for at least 5 years.

AB605,11,19 (L) The individual has not been charged with a felony or a misdemeanor crime of violence for which the prosecution was suspended under a deferred prosecution agreement unless 3 years have elapsed since the charge was dismissed.

AB605,11,21 (m) The individual has not submitted an application for a license under this section to another county and had the application denied.

AB605,12,2 (4) Misdemeanor convictions; denial of license. A sheriff may deny a license to an individual who has been found guilty of one or more misdemeanor crimes of violence unless the individual has been discharged from all sentences or periods of probation in connection with the crimes 3 or more years before the date on which the individual submits an application under sub. (7).

AB605,12,10 (5) Form of application. The department shall design an application form for use by individuals who apply for a license under this section. The department shall complete the design of the application form no later than the first day of the 4th month beginning after the effective date of this subsection .... [revisor inserts date], and shall distribute the design for the application form to any sheriff who issues licenses under sub. (2) (a) or (c) for use in making application forms for licenses under this section. The application form designed by the department shall include all of the following:

AB605,12,11 (a) The name and address of the applicant.

AB605,12,12 (b) The date of birth of the applicant.

AB605,12,13 (c) The applicant's race, gender, height, weight and hair and eye color.

AB605,12,14 (d) The applicant's social security number.

AB605,12,16 (e) A statement that the applicant is eligible for a license under the requirements specified in subs. (3) and (4).

AB605,12,19 (f) A statement explaining the privilege of 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.

AB605,12,21 (g) A statement that the applicant has received a copy of this section and understands the requirements of this section.

AB605,12,25 (h) A statement that the application is being made under oath and that an applicant may be prosecuted for violating s. 946.32 if he or she gives a false answer to any question on the application or submits a falsified document with the application.

AB605,13,1 (i) A statement of the penalties for violating s. 946.32.

AB605,13,4 (6) Oath. An applicant shall swear under oath that the information that he or she provides in an application submitted under sub. (7) and any document submitted with the application is true and complete to the best of his or her knowledge.

AB605,13,7 (7) Submission of application. An applicant for a license under this section shall submit all of the following to the sheriff to whom he or she is applying for a license:

AB605,13,9 (a) An application in the form prescribed under sub. (5) that has been sworn to as required under sub. (6).

AB605,13,12 (bd) A license fee set by the sheriff issuing the license that does not exceed either the cost to the sheriff of issuing a license to an individual under this section, including the cost of equipment purchase or rental, or $75, whichever is less.

AB605,13,13 (bh) The fee for a firearms restrictions record search specified in sub. (9g) (c).

AB605,13,14 (bp) A shooting range improvement fee of $15.

AB605,13,15 (bt) A law enforcement excellence fund fee of $15.

AB605,13,17 (c) A fingerprint card bearing an index finger fingerprint of the applicant taken by the sheriff to whom the application is submitted.

AB605,13,19 (d) A photocopy of a certificate or other evidence showing the applicant's qualifications under sub. (3) (i).

AB605,13,21 (e) A full-face photograph of the applicant taken within the 30-day period immediately preceding the date of the applicant's application.

AB605,13,24 (8) Fingerprinting by sheriff. A sheriff shall provide fingerprinting service at no additional charge to an applicant for a license or for renewal of a license under this section.

AB605,14,2 (9) Processing of application. (a) On receiving an application submitted under sub. (7), a sheriff shall do all of the following:

AB605,14,10 1. Submit the fingerprint card of the applicant to the department for submittal to the federal bureau of investigation or the automated fingerprint identification system for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction. If the applicant's fingerprint card is not sufficiently legible for the federal bureau of investigation to use in verifying the applicant's identity and obtaining his or her arrest or conviction record, the sheriff shall require the applicant to submit an additional fingerprint card.

AB605,14,12 2. Request the department to conduct a firearms restrictions record search, as provided under sub. (9g).

AB605,14,14 (b) Subject to par. (c), within 21 days after receiving an application under sub. (7) a sheriff shall do one of the following:

AB605,14,15 1. Issue the license.

AB605,14,18 2. Deny the application if the applicant fails to qualify under the criteria specified in subs. (3) and (4). If the sheriff denies the application, he or she shall inform the applicant in writing, stating the ground for denial.

AB605,14,24 (c) Except as provided in sub. (9r), a sheriff may not issue a license until 7 days, subject to extension under sub. (9g) (b) 3. c., have elapsed from the time that the sheriff has received a confirmation number regarding the firearms restrictions record search under sub. (9g) (b) from the department and the sheriff has not been notified that the applicant is not qualified for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4).

AB605,15,5 (9g) Firearms restrictions record searches. (a) A sheriff shall request the department to conduct a firearms restrictions record search by calling the department, using a toll-free telephone number provided by the department, and providing the department with the name, date of birth, gender, race and social security number of the applicant.

AB605,15,7 (b) On receiving a request under par. (a), the department shall conduct a firearms restrictions record search using the following procedure:

AB605,15,9 1. The department shall provide the sheriff with a confirmation number confirming the receipt of the information under par. (a).

AB605,15,14 2. The department shall conduct the firearms restrictions record search regarding an applicant for a license under this section. In conducting a search under this subdivision, the department shall use the transaction information for management of enforcement system and the national crime information center system.

AB605,15,17 3. The department shall notify the sheriff, either during the initial telephone call or as soon thereafter as practicable, of the results of the firearms restrictions record search as follows:

AB605,15,22 a. If the search indicates that the applicant does not qualify for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4), the department shall provide the sheriff with a unique nonapproval number. The department shall disclose to the sheriff the reason the applicant does not qualify for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4).

AB605,15,25 b. If the search indicates that the applicant is qualified for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4), the department shall provide the sheriff with a unique approval number.

AB605,16,6 c. If the search indicates a criminal charge without a recorded disposition, the deadline under sub. (9) (c) is extended to the end of the 3rd complete working day commencing after the day on which the finding is made. The department shall notify the sheriff of the extension as soon as practicable. During the extended period, the department shall make every reasonable effort to determine the disposition of the charge and notify the sheriff of the results as soon as practicable.

AB605,16,9 (bm) The department shall conduct the search under par. (b) immediately if, when requesting the search under par. (a), the sheriff informs the department that the search is for an applicant for an emergency license under sub. (9r).

AB605,16,14 (c) The department shall charge a sheriff a fee of $8 for each firearms restrictions record search that the sheriff requests under par. (a), except that the department shall waive the fee if, when requesting the search, the sheriff informs the department that the fee is being waived under sub. (9r) (d). The sheriff shall collect the fee from the applicant unless the fee is waived under sub. (9r) (d).

AB605,16,19 (d) A sheriff shall maintain the original record of all completed application forms and a record of all confirmation numbers and corresponding approval or nonapproval numbers that he or she receives regarding firearms restrictions record searches under this subsection. The sheriff shall mail a duplicate copy of each completed application form to the department.

AB605,16,21 (e) 1. Except as provided in subd. 2. and as necessary to administer this section, the department shall do all of the following:

AB605,16,22 a. Deny access to any record kept under this section.

AB605,17,5 b. Check each duplicate application form received under par. (d) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under this subsection. If the department previously provided a unique approval number regarding the request and nothing in the duplicate completed application form indicates that the applicant is not qualified for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4), the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the duplicate form.

AB605,17,11 2. Notwithstanding subd. 1., the department may maintain records necessary to administer this subsection and, for a period of not more than 3 years after the department issues a unique approval number, a log of dates of requests for firearms restrictions record searches under this subsection together with confirmation numbers and unique approval and nonapproval numbers corresponding to those dates.

AB605,17,14 (9r) Emergency license. (a) A sheriff may issue a license under this section to an individual who does not satisfy the requirements under sub. (3) (i) if the sheriff determines that the individual is in imminent danger of death.

AB605,17,17 (b) If a sheriff decides to issue a license under par. (a), he or she shall notify the department and request an immediate firearms restrictions record search under sub. (9g).

AB605,17,19 (c) 1. Except as provided in subd. 2., a license issued under par. (a) is valid for 120 days from the date on which it is issued and may not be renewed.

AB605,17,21 2. A license issued under par. (a) is valid for the period specified under sub. (15) (a) and may be renewed under sub. (15) (b) if all of the following apply:

AB605,17,23 a. The individual satisfies the requirement under sub. (3) (i) no later than 120 days from the date on which the license is issued.

AB605,17,25 b. A background check under sub. (9g) does not indicate that the person fails to meet any of the qualifications under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4).

AB605,18,4 (d) Notwithstanding sub. (7) (bd), (bh), (bp) and (bt), a sheriff may waive the fees required under sub. (7) (bd), (bh), (bp) and (bt) for an individual who is applying for a license under par. (a) if requiring the individual to pay the fees creates a hardship for the individual.

AB605,18,7 (10) Exemption from background check. Notwithstanding sub. (9) (a), a sheriff shall issue a license under this section to any of the following individuals without requesting the background checks required under sub. (9) (a):

AB605,18,8 (a) A law enforcement officer.

AB605,18,9 (b) A correctional officer.

AB605,18,10 (c) A probation and parole agent.

AB605,18,12 (d) A person who holds a current certification from the law enforcement standards board under s. 165.85 (3) (c).

AB605,18,17 (11) List of licensees. (a) A sheriff who issues licenses to carry a concealed weapon under this section shall, within 5 days after issuing a license, notify the department that he or she has issued a license under this section and provide the department with the information specified in sub. (2m) (c) concerning the individual to whom the license was issued.

AB605,18,21 (am) The department shall maintain a computerized record listing the names of all individuals who have been issued a license under this section along with the information concerning each individual that is provided to the department by a sheriff under par. (a).

AB605,18,24 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department may not make the computerized record under par. (am) or any information from that computerized record available to any person.

AB605,19,3 (c) The department shall provide information concerning a specific individual listed on the computerized list under par. (am) to a law enforcement agency if the law enforcement agency is requesting the information for any of the following purposes:

AB605,19,5 1. To confirm that a license produced by the individual at the request of a law enforcement officer is valid.

AB605,19,8 2. To confirm that the individual holds a valid license under this section, if the individual is carrying a concealed weapon but is not carrying a license issued under this section and claims to hold a valid license issued under this section.

AB605,19,12 (12) Updated information. No later than 30 days after changing his or her address, an individual licensed under this section shall inform the sheriff who issued the license of his or her new address. The sheriff shall provide the individual's new address to the department for inclusion in the list under sub. (11) (am).

AB605,19,17 (13) Lost or destroyed license. No later than 30 days after losing his or her license or after his or her license is destroyed, an individual licensed under this section shall submit to the sheriff who issued the license a notarized statement that his or her license has been lost or destroyed. The sheriff shall issue a replacement license upon receiving the notarized statement and a replacement license fee of $15.

AB605,19,20 (14) License denial; discipline. (a) A sheriff shall deny an application for a license under this section or suspend or revoke a license that he or she issued under this section if the applicant or licensee does any of the following:

AB605,19,21 1. No longer meets all of the criteria specified in subs. (3) and (4).

AB605,19,22 3. Is convicted of a felony or a misdemeanor crime of violence.

AB605,19,25 5. Is convicted of any violation, or any solicitation, conspiracy or attempt to commit a violation, of ch. 961 or of a law of another state that is comparable to any provision of ch. 961.

AB605,20,1 6. Is involuntarily committed for treatment under s. 51.20.

AB605,20,3 7. Is involuntarily committed for treatment as a chronic alcoholic under s. 51.45.

AB605,20,11 8. Is convicted of a 2nd violation of s. 346.63, of a law of another state that is comparable to a violation of s. 346.63 or of a law of a federally recognized American Indian tribe or band that is comparable to s. 346.63, within 3 years of a previous conviction. For purposes of this subdivision, the first violation of s. 346.63, of a law of another state that is comparable to a violation of s. 346.63 or of a law of a federally recognized American Indian tribe or band that is comparable to s. 346.63, may have occurred before the date on which the individual submitted his or her application for a license under this section.

AB605,20,12 9. Is found incompetent under ch. 880.

AB605,20,17 (am) 1. If a licensee is arrested or charged with a crime that would disqualify him or her from having a license under this section, the sheriff shall suspend the licensee's license until judgment is entered in the case. If the charge is dismissed or the licensee is acquitted, the sheriff shall restore the licensee's license. If the person is convicted, the sheriff shall revoke the licensee's license.

AB605,20,21 2. If an applicant for a license under this section is arrested or charged with a crime that would disqualify him or her from having a license under this section, the sheriff shall deny the application. Notwithstanding sub. (3) (m), if the charge is dismissed or the applicant is acquitted, the applicant may reapply for a license.

AB605,20,24 (c) 1. A person aggrieved by any action by a sheriff under this subsection may appeal directly to the circuit court of the sheriff's county or, if applicable, to the circuit court of the county of issuance designated under sub. (2) (c).

AB605,21,8 2. To begin an appeal under this paragraph, the aggrieved person shall file a petition for review with the clerk of the applicable circuit court within 30 days after the date of the sheriff's action or, if applicable, within 30 days after the date of the notice provided to the person under sub. (9) (b) 2. The petition shall state the substance of the sheriff's action that the person is appealing from and the grounds upon which the person believes the sheriff's action to be improper. The petition may include a copy of any records or documents that are relevant to the grounds upon which the person believes the sheriff's action to be improper.

AB605,21,11 3. A copy of the petition shall be served upon the sheriff either personally or by registered or certified mail within 5 days after the person files his or her petition under subd. 2.

AB605,21,15 4. The sheriff shall file an answer within 15 days after being served with the petition under subd. 3. The answer shall include a brief statement of the actions taken by the sheriff, and a copy of any documents or records on which the sheriff based his or her action shall be included with the answer when filed.

AB605,21,21 5. The court shall review the petition, answer and any records or documents submitted with the petition or answer. The review under this subdivision shall be conducted by the court without a jury and shall be confined to the petition, answer and any records or documents submitted with the petition or answer, except that in cases of alleged irregularities in procedure by the sheriff the court may take testimony that the court determines is appropriate.

AB605,21,23 6. The court shall affirm the sheriff's action unless the court finds any of the following:

AB605,21,24 a. That the sheriff failed to follow procedure prescribed under this section.

AB605,22,2 b. That the sheriff erroneously interpreted a provision of law and a correct interpretation compels a different action.

AB605,22,4 c. That the sheriff's action depends on a finding of fact that is not supported by substantial evidence in the record.

AB605,22,6 7. The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.

AB605,22,9 (15) License expiration and renewal. (a) Except as provided in sub. (9r) (c) 1., a license issued under this section is valid for a period of 5 years after the date on which the license is issued unless the license is suspended or revoked under sub. (14).