AB605,13,98 (a) An application in the form prescribed under sub. (5) that has been sworn
9to as required under sub. (6).
AB605,13,1210 (bd) A license fee set by the sheriff issuing the license that does not exceed
11either the cost to the sheriff of issuing a license to an individual under this section,
12including the cost of equipment purchase or rental, or $75, whichever is less.
AB605,13,1313 (bh) The fee for a firearms restrictions record search specified in sub. (9g) (c).
AB605,13,1414 (bp) A shooting range improvement fee of $15.
AB605,13,1515 (bt) A law enforcement excellence fund fee of $15.
AB605,13,1716 (c) A fingerprint card bearing an index finger fingerprint of the applicant taken
17by the sheriff to whom the application is submitted.
AB605,13,1918 (d) A photocopy of a certificate or other evidence showing the applicant's
19qualifications under sub. (3) (i).
AB605,13,2120 (e) A full-face photograph of the applicant taken within the 30-day period
21immediately preceding the date of the applicant's application.
AB605,13,24 22(8) Fingerprinting by sheriff. A sheriff shall provide fingerprinting service
23at no additional charge to an applicant for a license or for renewal of a license under
24this section.
AB605,14,2
1(9) Processing of application. (a) On receiving an application submitted
2under sub. (7), a sheriff shall do all of the following:
AB605,14,103 1. Submit the fingerprint card of the applicant to the department for submittal
4to the federal bureau of investigation or the automated fingerprint identification
5system for the purposes of verifying the identity of the person fingerprinted and
6obtaining records of his or her criminal arrest and conviction. If the applicant's
7fingerprint card is not sufficiently legible for the federal bureau of investigation to
8use in verifying the applicant's identity and obtaining his or her arrest or conviction
9record, the sheriff shall require the applicant to submit an additional fingerprint
10card.
AB605,14,1211 2. Request the department to conduct a firearms restrictions record search, as
12provided under sub. (9g).
AB605,14,1413 (b) Subject to par. (c), within 21 days after receiving an application under sub.
14(7) a sheriff shall do one of the following:
AB605,14,1515 1. Issue the license.
AB605,14,1816 2. Deny the application if the applicant fails to qualify under the criteria
17specified in subs. (3) and (4). If the sheriff denies the application, he or she shall
18inform the applicant in writing, stating the ground for denial.
AB605,14,2419 (c) Except as provided in sub. (9r), a sheriff may not issue a license until 7 days,
20subject to extension under sub. (9g) (b) 3. c., have elapsed from the time that the
21sheriff has received a confirmation number regarding the firearms restrictions
22record search under sub. (9g) (b) from the department and the sheriff has not been
23notified that the applicant is not qualified for a license under sub. (3) (d), (f), (g) 2.
24or 3. or (L) or (4).
AB605,15,5
1(9g) Firearms restrictions record searches. (a) A sheriff shall request the
2department to conduct a firearms restrictions record search by calling the
3department, using a toll-free telephone number provided by the department, and
4providing the department with the name, date of birth, gender, race and social
5security number of the applicant.
AB605,15,76 (b) On receiving a request under par. (a), the department shall conduct a
7firearms restrictions record search using the following procedure:
AB605,15,98 1. The department shall provide the sheriff with a confirmation number
9confirming the receipt of the information under par. (a).
AB605,15,1410 2. The department shall conduct the firearms restrictions record search
11regarding an applicant for a license under this section. In conducting a search under
12this subdivision, the department shall use the transaction information for
13management of enforcement system and the national crime information center
14system.
AB605,15,1715 3. The department shall notify the sheriff, either during the initial telephone
16call or as soon thereafter as practicable, of the results of the firearms restrictions
17record search as follows:
AB605,15,2218 a. If the search indicates that the applicant does not qualify for a license under
19sub. (3) (d), (f), (g) 2. or 3. or (L) or (4), the department shall provide the sheriff with
20a unique nonapproval number. The department shall disclose to the sheriff the
21reason the applicant does not qualify for a license under sub. (3) (d), (f), (g) 2. or 3.
22or (L) or (4).
AB605,15,2523 b. If the search indicates that the applicant is qualified for a license under sub.
24(3) (d), (f), (g) 2. or 3. or (L) or (4), the department shall provide the sheriff with a
25unique approval number.
AB605,16,6
1c. If the search indicates a criminal charge without a recorded disposition, the
2deadline under sub. (9) (c) is extended to the end of the 3rd complete working day
3commencing after the day on which the finding is made. The department shall notify
4the sheriff of the extension as soon as practicable. During the extended period, the
5department shall make every reasonable effort to determine the disposition of the
6charge and notify the sheriff of the results as soon as practicable.
AB605,16,97 (bm) The department shall conduct the search under par. (b) immediately if,
8when requesting the search under par. (a), the sheriff informs the department that
9the search is for an applicant for an emergency license under sub. (9r).
AB605,16,1410 (c) The department shall charge a sheriff a fee of $8 for each firearms
11restrictions record search that the sheriff requests under par. (a), except that the
12department shall waive the fee if, when requesting the search, the sheriff informs
13the department that the fee is being waived under sub. (9r) (d). The sheriff shall
14collect the fee from the applicant unless the fee is waived under sub. (9r) (d).
AB605,16,1915 (d) A sheriff shall maintain the original record of all completed application
16forms and a record of all confirmation numbers and corresponding approval or
17nonapproval numbers that he or she receives regarding firearms restrictions record
18searches under this subsection. The sheriff shall mail a duplicate copy of each
19completed application form to the department.
AB605,16,2120 (e) 1. Except as provided in subd. 2. and as necessary to administer this section,
21the department shall do all of the following:
AB605,16,2222 a. Deny access to any record kept under this section.
AB605,17,523 b. Check each duplicate application form received under par. (d) against the
24information recorded by the department regarding the corresponding request for a
25firearms restrictions record search under this subsection. If the department

1previously provided a unique approval number regarding the request and nothing
2in the duplicate completed application form indicates that the applicant is not
3qualified for a license under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4), the department
4shall destroy all records regarding that firearms restrictions record search within 30
5days after receiving the duplicate form.
AB605,17,116 2. Notwithstanding subd. 1., the department may maintain records necessary
7to administer this subsection and, for a period of not more than 3 years after the
8department issues a unique approval number, a log of dates of requests for firearms
9restrictions record searches under this subsection together with confirmation
10numbers and unique approval and nonapproval numbers corresponding to those
11dates.
AB605,17,14 12(9r) Emergency license. (a) A sheriff may issue a license under this section
13to an individual who does not satisfy the requirements under sub. (3) (i) if the sheriff
14determines that the individual is in imminent danger of death.
AB605,17,1715 (b) If a sheriff decides to issue a license under par. (a), he or she shall notify the
16department and request an immediate firearms restrictions record search under
17sub. (9g).
AB605,17,1918 (c) 1. Except as provided in subd. 2., a license issued under par. (a) is valid for
19120 days from the date on which it is issued and may not be renewed.
AB605,17,2120 2. A license issued under par. (a) is valid for the period specified under sub. (15)
21(a) and may be renewed under sub. (15) (b) if all of the following apply:
AB605,17,2322 a. The individual satisfies the requirement under sub. (3) (i) no later than 120
23days from the date on which the license is issued.
AB605,17,2524 b. A background check under sub. (9g) does not indicate that the person fails
25to meet any of the qualifications under sub. (3) (d), (f), (g) 2. or 3. or (L) or (4).
AB605,18,4
1(d) Notwithstanding sub. (7) (bd), (bh), (bp) and (bt), a sheriff may waive the
2fees required under sub. (7) (bd), (bh), (bp) and (bt) for an individual who is applying
3for a license under par. (a) if requiring the individual to pay the fees creates a
4hardship for the individual.
AB605,18,7 5(10) Exemption from background check. Notwithstanding sub. (9) (a), a
6sheriff shall issue a license under this section to any of the following individuals
7without requesting the background checks required under sub. (9) (a):
AB605,18,88 (a) A law enforcement officer.
AB605,18,99 (b) A correctional officer.
AB605,18,1010 (c) A probation and parole agent.
AB605,18,1211 (d) A person who holds a current certification from the law enforcement
12standards board under s. 165.85 (3) (c).
AB605,18,17 13(11) List of licensees. (a) A sheriff who issues licenses to carry a concealed
14weapon under this section shall, within 5 days after issuing a license, notify the
15department that he or she has issued a license under this section and provide the
16department with the information specified in sub. (2m) (c) concerning the individual
17to whom the license was issued.
AB605,18,2118 (am) The department shall maintain a computerized record listing the names
19of all individuals who have been issued a license under this section along with the
20information concerning each individual that is provided to the department by a
21sheriff under par. (a).
AB605,18,2422 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
23may not make the computerized record under par. (am) or any information from that
24computerized record available to any person.
AB605,19,3
1(c) The department shall provide information concerning a specific individual
2listed on the computerized list under par. (am) to a law enforcement agency if the law
3enforcement agency is requesting the information for any of the following purposes:
AB605,19,54 1. To confirm that a license produced by the individual at the request of a law
5enforcement officer is valid.
AB605,19,86 2. To confirm that the individual holds a valid license under this section, if the
7individual is carrying a concealed weapon but is not carrying a license issued under
8this section and claims to hold a valid license issued under this section.
AB605,19,12 9(12) Updated information. No later than 30 days after changing his or her
10address, an individual licensed under this section shall inform the sheriff who issued
11the license of his or her new address. The sheriff shall provide the individual's new
12address to the department for inclusion in the list under sub. (11) (am).
AB605,19,17 13(13) Lost or destroyed license. No later than 30 days after losing his or her
14license or after his or her license is destroyed, an individual licensed under this
15section shall submit to the sheriff who issued the license a notarized statement that
16his or her license has been lost or destroyed. The sheriff shall issue a replacement
17license upon receiving the notarized statement and a replacement license fee of $15.
AB605,19,20 18(14) License denial; discipline. (a) A sheriff shall deny an application for a
19license under this section or suspend or revoke a license that he or she issued under
20this section if the applicant or licensee does any of the following:
AB605,19,2121 1. No longer meets all of the criteria specified in subs. (3) and (4).
AB605,19,2222 3. Is convicted of a felony or a misdemeanor crime of violence.
AB605,19,2523 5. Is convicted of any violation, or any solicitation, conspiracy or attempt to
24commit a violation, of ch. 961 or of a law of another state that is comparable to any
25provision of ch. 961.
AB605,20,1
16. Is involuntarily committed for treatment under s. 51.20.
AB605,20,32 7. Is involuntarily committed for treatment as a chronic alcoholic under s.
351.45.
AB605,20,114 8. Is convicted of a 2nd violation of s. 346.63, of a law of another state that is
5comparable to a violation of s. 346.63 or of a law of a federally recognized American
6Indian tribe or band that is comparable to s. 346.63, within 3 years of a previous
7conviction. For purposes of this subdivision, the first violation of s. 346.63, of a law
8of another state that is comparable to a violation of s. 346.63 or of a law of a federally
9recognized American Indian tribe or band that is comparable to s. 346.63, may have
10occurred before the date on which the individual submitted his or her application for
11a license under this section.
AB605,20,1212 9. Is found incompetent under ch. 880.
AB605,20,1713 (am) 1. If a licensee is arrested or charged with a crime that would disqualify
14him or her from having a license under this section, the sheriff shall suspend the
15licensee's license until judgment is entered in the case. If the charge is dismissed or
16the licensee is acquitted, the sheriff shall restore the licensee's license. If the person
17is convicted, the sheriff shall revoke the licensee's license.
AB605,20,2118 2. If an applicant for a license under this section is arrested or charged with a
19crime that would disqualify him or her from having a license under this section, the
20sheriff shall deny the application. Notwithstanding sub. (3) (m), if the charge is
21dismissed or the applicant is acquitted, the applicant may reapply for a license.
AB605,20,2422 (c) 1. A person aggrieved by any action by a sheriff under this subsection may
23appeal directly to the circuit court of the sheriff's county or, if applicable, to the circuit
24court of the county of issuance designated under sub. (2) (c).
AB605,21,8
12. To begin an appeal under this paragraph, the aggrieved person shall file a
2petition for review with the clerk of the applicable circuit court within 30 days after
3the date of the sheriff's action or, if applicable, within 30 days after the date of the
4notice provided to the person under sub. (9) (b) 2. The petition shall state the
5substance of the sheriff's action that the person is appealing from and the grounds
6upon which the person believes the sheriff's action to be improper. The petition may
7include a copy of any records or documents that are relevant to the grounds upon
8which the person believes the sheriff's action to be improper.
AB605,21,119 3. A copy of the petition shall be served upon the sheriff either personally or
10by registered or certified mail within 5 days after the person files his or her petition
11under subd. 2.
AB605,21,1512 4. The sheriff shall file an answer within 15 days after being served with the
13petition under subd. 3. The answer shall include a brief statement of the actions
14taken by the sheriff, and a copy of any documents or records on which the sheriff
15based his or her action shall be included with the answer when filed.
AB605,21,2116 5. The court shall review the petition, answer and any records or documents
17submitted with the petition or answer. The review under this subdivision shall be
18conducted by the court without a jury and shall be confined to the petition, answer
19and any records or documents submitted with the petition or answer, except that in
20cases of alleged irregularities in procedure by the sheriff the court may take
21testimony that the court determines is appropriate.
AB605,21,2322 6. The court shall affirm the sheriff's action unless the court finds any of the
23following:
AB605,21,2424 a. That the sheriff failed to follow procedure prescribed under this section.
AB605,22,2
1b. That the sheriff erroneously interpreted a provision of law and a correct
2interpretation compels a different action.
AB605,22,43 c. That the sheriff's action depends on a finding of fact that is not supported
4by substantial evidence in the record.
AB605,22,65 7. The court's decision shall provide whatever relief is appropriate regardless
6of the original form of the petition.
AB605,22,9 7(15) License expiration and renewal. (a) Except as provided in sub. (9r) (c)
81., a license issued under this section is valid for a period of 5 years after the date on
9which the license is issued unless the license is suspended or revoked under sub. (14).
AB605,22,1310 (b) At least 90 days before the expiration date of a license issued under this
11section, the sheriff who issued the license shall mail to the licensee a written notice
12of expiration and a form for renewing the license. The sheriff shall renew the license
13if, before the date the license expires, the licensee does all of the following:
AB605,22,1414 1. Submits a renewal application on the form provided by the sheriff.
AB605,22,1615 2. Submits a notarized affidavit stating that he or she remains qualified under
16subs. (3) and (4).
AB605,22,1717 4. Pays all of the following:
AB605,22,2018 a. A fee set by the sheriff that does not exceed the cost to a sheriff of renewing
19a license issued under this section, including the cost of equipment purchase or
20rental.
AB605,22,2121 b. The fee for a firearms restrictions record search specified in sub. (9g) (c).
AB605,22,2222 c. A shooting range improvement fee of $15.
AB605,22,2323 d. A law enforcement excellence fund fee of $15.
AB605,23,3
1(c) The sheriff shall request the department to conduct a firearms restrictions
2record search of a licensee as provided under sub. (9g) before renewing the licensee's
3license under par. (b).
AB605,23,64 (d) 1. Except as provided in subd. 2., if a licensee submits a renewal application
5under par. (b) after the expiration date of the license he or she shall be assessed a late
6fee of $15.
AB605,23,107 2. If a licensee does not submit a renewal application under par. (b) before 6
8months after the date the license expires, the license shall permanently expire. A
9licensee whose license has permanently expired may be issued a new license if he or
10she applies for a license as provided under sub. (7).
AB605,23,12 11(16) Prohibited activity. (a) No licensee may carry a concealed weapon in any
12of the following places:
AB605,23,1313 1. A place that has been declared a nuisance under ch. 823.
AB605,23,1714 2. A police station, sheriff's office or state patrol station. This subdivision does
15not prohibit a peace officer who is acting within the scope of his or her employment
16from carrying a concealed weapon in a police station, sheriff's office or state patrol
17station.
AB605,23,1818 3. A prison, jail, house of correction or secured correctional facility.
AB605,23,2219 4. A courthouse, except that a judge who is a licensee may carry a concealed
20weapon in a courthouse in which he or she is presiding in court or may permit in
21writing any other licensee to carry a concealed weapon in a courthouse in which he
22or she is presiding in court.
AB605,23,2523 8. A place at which a school, college or professional athletic event is taking
24place, unless the event is related to firearms and the licensee is a participant in the
25event.
Loading...
Loading...