LRB-1102/1
JEO:cmh&kg:hmh
1999 - 2000 LEGISLATURE
November 24, 1999 - Introduced by Senators Zien, Schultz, Huelsman, Welch and
A. Lasee, cosponsored by Representatives Gunderson, Handrick, Huebsch,
Reynolds, Albers, Gundrum, Pettis, Goetsch, Walker, Musser, Owens, F.
Lasee, Seratti, Suder
and Nass. Referred to Committee on Judiciary and
Consumer Affairs.
SB293,1,5 1An Act to amend 25.29 (1) (a), 165.82 (2), 941.23 and 941.235 (2); and to create
220.370 (5) (cx), 20.455 (2) (gp), 29.595, 59.25 (3) (u), 167.31 (4) (am), 175.50,
3440.26 (3r), 941.295 (2) (bm) and 948.605 (2) (b) 4m. of the statutes; relating
4to:
licenses to carry a concealed weapon, granting rule-making authority,
5making appropriations and providing a penalty.
Analysis by the Legislative Reference Bureau
Currently, no person other than a peace officer may carry a concealed and
dangerous weapon. A person who violates this prohibition may be fined not more
than $10,000 or imprisoned for not more than nine months or both. In addition,
current law prohibits, with certain exceptions, being armed with a firearm while in
a public building, in or on the grounds of a school or within 1,000 feet of the grounds
of a school. Current law also prohibits, with certain exceptions, going armed with
a handgun on any premises (such as a tavern) that has a license or permit to sell
alcohol beverages for consumption on those premises. A person who violates these
prohibitions may be fined not more than $10,000 or imprisoned for not more than
nine months or both, except that a person who goes armed in a public building may
be fined not more than $1,000 or imprisoned for not more than 90 days or both.
This bill creates a procedure by which a person may apply to a county sheriff
for a license to carry a concealed weapon. Such a license authorizes a person to carry
a concealed weapon anywhere in this state except in particular places specified
under the bill. These places include police stations, sheriffs' offices, state patrol

stations, prisons and jails, any premises (such as a tavern) that has a license or
permit to sell alcohol beverages for consumption on those premises, a school
administration building, an airport, and any place in which the carrying of a weapon
is prohibited by federal law. A person who is licensed to carry a concealed weapon
and who carries a concealed weapon in a place where the license does not authorize
him or her to do so may be fined not more than $1,000 or imprisoned for not more than
90 days or both.
Under the bill, a county sheriff must issue a license to carry a concealed weapon
to a person who meets the qualifications established in the bill for the license unless
the county board of the sheriff's county decides by a two-thirds vote to authorize the
sheriff not to issue concealed weapons licenses. The bill also allows two or more
sheriffs to enter into cooperative agreements under which the sheriffs may jointly
issue licenses to carry a concealed weapon.
The bill specifies the requirements that a person must satisfy in order to qualify
for a license to carry a concealed weapon. Included among the requirements that a
person must satisfy are the following: 1) he or she must be at least 21 years old; 2)
he or she must not be prohibited from possessing a firearm due to a felony conviction,
a juvenile delinquency adjudication, an order issued in a civil mental commitment
case, or any other order prohibiting the person from possessing a firearm; 3) he or
she must have successfully completed one of several specified firearms training or
safety courses; and 4) he or she must not have been subject to a finding of
incompetency, drug dependency or chronic alcohol use or involuntarily committed for
treatment of mental illness during the three-year period preceding the date of his
or her application for the license. In addition, the bill requires a sheriff to conduct
a background check of a person who applies for a license to carry a concealed weapon
to determine whether the person is prohibited from possessing a firearm due to a
felony conviction, a juvenile delinquency adjudication, an order issued in a civil
mental commitment case, or any other order prohibiting the person from possessing
a firearm. The background check requirement does not apply to a person applying
for a license if the person is a law enforcement officer, a correctional officer, a
probation and parole agent or a person holding a current certification from the law
enforcement standards board.
In addition, the bill does all of the following:
1. Allows a sheriff to issue an emergency license to an individual who is in
imminent danger of death.
2. Provides that a license to carry a concealed weapon is valid for five years and
establishes a renewal procedure that includes a background check of the person
renewing the license.
3. Allows a sheriff to suspend or revoke a license to carry a concealed weapon
under certain circumstances. Among the grounds for suspending or revoking a
license are conviction of a felony or certain misdemeanors, a finding of incompetency,
drug dependency or chronic alcohol use, or an involuntary commitment for treatment
of mental illness. A person whose license is suspended or revoked by the sheriff may
appeal the sheriff's action to circuit court for review by a judge.

4. Specifies the information that must be on a license to carry a concealed
weapon and an application for such a license, and requires the department of justice
(DOJ) to design the form of the license and the license application form.
5. Requires the sheriff to provide information to DOJ concerning a person
licensed to carry a concealed weapon, and requires DOJ to keep a computerized list
of persons licensed to carry a concealed weapon. The list kept by DOJ is available
only to law enforcement agencies in certain specified circumstances.
6. Requires a person who applies for a license to carry a concealed weapon to
pay a shooting range improvement fee, which is to be used by the department of
natural resources to provide grants for the construction and improvement of
shooting ranges.
7. Requires a person who applies for a license to carry a concealed weapon to
pay a law enforcement excellence fund fee, which is to be used by the sheriff to
improve law enforcement services in his or her county.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB293, s. 1 1Section 1. 20.370 (5) (cx) of the statutes is created to read:
SB293,3,52 20.370 (5) (cx) Recreation aids — grants for shooting ranges. All moneys
3received from the shooting range improvement fee under s. 175.50 (7) (bp) and (15)
4(b) 4. c. for the purpose of making grants and administering the grant program under
5s. 29.595.
SB293, s. 2 6Section 2. 20.455 (2) (gp) of the statutes is created to read:
SB293,3,97 20.455 (2) (gp) Concealed weapons licenses background check. All moneys
8received as fee payments under s. 175.50 (7) (bh) and (15) (b) 4. b. to provide services
9under s. 175.50.
SB293, s. 3 10Section 3. 25.29 (1) (a) of the statutes is amended to read:
SB293,4,211 25.29 (1) (a) Except as provided in s. 25.295, all moneys accruing to the state
12for or in behalf of the department under chs. 26, 27, 28, 29 and 350, subchs. I and VI
13of ch. 77 and ss. 23.09 to 23.31, 23.325 to 23.42, 23.50 to 23.99, 30.50 to 30.55, 70.58

1and, 71.10 (5) and 175.50 (7) (bp) and (15) (b) 4. c., including grants received from the
2federal government or any of its agencies except as otherwise provided by law.
SB293, s. 4 3Section 4. 29.595 of the statutes is created to read:
SB293,4,7 429.595 Grants for shooting ranges. (1) The department may award grants
5to persons for construction or improvement of shooting ranges. A grant awarded
6under this section shall be paid from the appropriation account under s. 20.370 (5)
7(cx).
SB293,4,10 8(2) A grant awarded under this section may be for up to 50% of the cost of the
9construction or improvement of the shooting range. A grant awarded under this
10section may not be used to pay for any of the following:
SB293,4,1211 (a) The construction of clubhouses and facilities that are not essential to the
12operation of the shooting range.
SB293,4,1313 (b) The operation and maintenance of the shooting range.
SB293,4,17 14(3) In order to receive a grant under this section, the person creating or
15improving a shooting range shall agree to provide, for a fee of not more than $20, a
16firearm safety course that will qualify an individual to satisfy the requirements
17under s. 175.50 (3) (i) for a license to carry a concealed weapon.
SB293,4,21 18(4) In determining whether to make a grant under this section, the department
19shall consider the potential of the project to meet the needs of firearm safety courses
20in the area served by the shooting range relative to the proposed cost of the
21construction or improvement.
SB293,4,23 22(5) The department shall promulgate rules establishing a procedure for
23applying for grants under this section.
SB293, s. 5 24Section 5. 59.25 (3) (u) of the statutes is created to read:
SB293,5,3
159.25 (3) (u) 1. Subject to the terms of an agreement under s. 175.50 (2) (c),
2deposit all moneys received under s. 175.50 (7) (bd), (13) and (15) (b) 4. a. and (d) 1.
3in the general fund of the county.
SB293,5,64 2. Forward all moneys received under s. 175.50 (7) (bh) and (15) (b) 4. b. to the
5state treasurer for payment of firearms restrictions record searches conducted under
6s. 175.50 (9g) at the request of the county's sheriff.
SB293,5,97 3. Forward all moneys received under s. 175.50 (7) (bp) and (15) (b) 4. c. to the
8state treasurer for deposit in the conservation fund to be credited to the
9appropriation account under s. 20.370 (5) (cx).
SB293,5,1310 4. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all
11moneys received under s. 175.50 (7) (bt) and (15) (b) 4. d. in the law enforcement
12excellence fund established under s. 175.50 (20) and make payments from the fund
13for the purposes of s. 175.50 (20) (b).
SB293, s. 6 14Section 6. 165.82 (2) of the statutes is amended to read:
SB293,5,1715 165.82 (2) Except as provided in s. ss. 175.35 and 175.50, the department of
16justice shall not impose fees for criminal history searches for purposes related to
17criminal justice.
SB293, s. 7 18Section 7. 167.31 (4) (am) of the statutes is created to read:
SB293,5,2019 167.31 (4) (am) Subsections (2) and (3) do not apply to a person who holds a
20valid license to carry a concealed weapon issued under s. 175.50.
SB293, s. 8 21Section 8. 175.50 of the statutes is created to read:
SB293,5,23 22175.50 License to carry concealed weapon. (1) Definitions. In this
23section:
SB293,5,2424 (a) "Department" means the department of justice.
SB293,6,2
1(b) "Firearms restrictions record search" has the meaning given in s. 175.35 (1)
2(at).
SB293,6,33 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
SB293,6,54 (d) "Licensee" means an individual who has been granted a license to carry a
5concealed weapon under this section.
SB293,6,76 (e) "Misdemeanor crime of violence" means a misdemeanor violation of chs.
7940, 941 or 948 or of s. 947.013 or a violation of s. 947.01.
SB293,6,128 (f) "Weapon" means a handgun, as defined in s. 175.35 (1) (b), an electric
9weapon, as defined in s. 941.295 (4), a tear gas gun, a knife other than a switchblade
10knife under s. 941.24, or a billy club. "Weapon" does not include a machine gun, as
11defined in s. 941.27 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a
12short-barreled shotgun, as defined in s. 941.28 (1) (c).
SB293,6,17 13(2) Issuance of license. (a) Except as provided in pars. (b) and (c), a sheriff
14shall issue licenses to carry a concealed weapon to an individual who meets the
15qualifications specified in subs. (3) and (4) and who completes the application process
16specified in sub. (7). A license to carry a concealed weapon issued by a sheriff under
17this section shall meet the requirements specified in sub. (2m).
SB293,6,2018 (b) A sheriff is not required to issue licenses to carry a concealed weapon under
19this section if, before the first day of the 4th month beginning after the effective of
20this paragraph .... [revisor inserts date], all of the following occur:
SB293,6,2221 1. The sheriff requests the county board of the sheriff's county to authorize him
22or her to decline to issue licenses to carry a concealed weapon under this section.
SB293,6,2523 2. After receiving a request from the sheriff under subd. 1., the county board
24of the sheriff's county grants the sheriff's request by a two-thirds vote of all the
25members of the board.
SB293,7,4
1(c) Any 2 or more sheriffs may by agreement jointly issue licenses to carry a
2concealed weapon under this section. An agreement for joint issuance of licenses to
3carry a concealed weapon under this section may be entered into at any time and
4shall satisfy all of the following criteria:
SB293,7,55 1. The agreement shall be in writing.
SB293,7,76 2. The agreement shall be approved by the county board of the county of each
7sheriff who is a party to the agreement.
SB293,7,108 3. The agreement shall specify how costs incurred and moneys received under
9this section shall be apportioned among the sheriffs who are a party to the agreement
10and their respective counties.
SB293,7,1311 4. The agreement shall designate one county to be identified as the county of
12issuance for purposes of the license document information required under sub. (2m)
13(c) 7. and 8. and for purposes of appeal under sub. (14) (c).
SB293,7,1714 5. If a sheriff who is party to an agreement has issued licenses under this
15section before entering into the agreement, the agreement shall provide for the
16renewal of any licenses that were issued by that sheriff before he or she entered into
17the agreement.
SB293,7,20 18(2g) Carrying a concealed weapon; carrying and display of license. (a) A
19licensee may carry a concealed weapon anywhere in this state except as provided
20under sub. (16).
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