SB357: Bill Text

SB357,7,8 (b) "Firearms restrictions record search" has the meaning given in s. 175.35 (1) (at).

SB357,7,9 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

SB357,7,11 (d) "Licensee" means an individual holding a valid license to carry a concealed weapon issued under this section.

SB357,7,12 (e) "Misdemeanor crime of violence" means any of the following:

SB357,7,14 1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation of s. 947.01.

SB357,7,16 2. A crime under federal law or the law of another state that is comparable to a crime described in subd. 1.

SB357,7,19 (f) "Out-of-state authorization" means a valid permit or a valid license issued by another state documenting that a person is authorized under the law of that state to carry a concealed weapon in that state.

SB357,7,23 (g) "Out-of-state licensee" means an individual who has been issued an out-of-state authorization and who is not prohibited from possessing a firearm under s. 941.29 or from possessing a firearm that has been transported in interstate or foreign commerce under federal law.

SB357,8,3 (h) "Weapon" means a handgun, as defined in s. 175.35 (1) (b), an electric weapon, as defined in s. 941.295 (4), a tear gas gun, a knife other than a switchblade knife under s. 941.24, or a billy club. "Weapon" does not include a machine gun, as defined in s. 941.27 (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).

SB357,8,8 (2) Issuance of license. (a) Except as provided in pars. (b) 1. and (c), each county, through its sheriff, shall issue licenses to carry a concealed weapon to an individual who meets the qualifications specified in sub. (3) and who completes the application process specified in sub. (7). A license to carry a concealed weapon issued under this section shall meet the requirements specified in sub. (2m).

SB357,8,11 (b) 1. A sheriff may, but is not required to, issue licenses to carry a concealed weapon under this section if, before the first day of the 4th month beginning after the effective date of this subdivision .... [revisor inserts date], all of the following occur:

SB357,8,13 a. The sheriff requests the county board of the sheriff's county to authorize him or her to decline to issue licenses to carry a concealed weapon under this section.

SB357,8,16 b. After receiving a request from the sheriff under subd. 1. a., the county board of the sheriff's county grants the sheriff's request by a two-thirds vote of all the members of the board.

SB357,8,18 2. At any time the county board may rescind the authorization it grants under subd. 1. by a two-thirds vote of all members of the board.

SB357,8,22 (c) Any 2 or more sheriffs may by agreement jointly exercise powers granted to them and discharge duties imposed on them under this section. An agreement for joint issuance of licenses to carry a concealed weapon under this section may be entered into at any time and shall satisfy all of the following criteria:

SB357,8,23 1. The agreement shall be in writing.

SB357,8,25 2. The agreement shall be approved by the county board of the county of each sheriff who is a party to the agreement.

SB357,9,3 2m. The agreement shall specify how the powers and duties that are the subject of the agreement are to be allocated among the sheriffs that are parties to the agreement.

SB357,9,6 3. The agreement shall specify how costs incurred and moneys received under this section shall be apportioned among the sheriffs who are a party to the agreement and their respective counties.

SB357,9,8 4. The agreement shall designate one county to be identified as the county of issuance.

SB357,9,12 5. If a sheriff who is party to an agreement has issued licenses under this section before entering into the agreement, the agreement shall provide for the renewal of any licenses that were issued by that sheriff before he or she entered into the agreement.

SB357,9,15 (2g) Carrying a concealed weapon; carrying and display of license or authorization. (a) A licensee or an out-of-state licensee may carry a concealed weapon anywhere in this state except as provided under sub. (16).

SB357,9,18 (b) A licensee shall carry his or her license and an out-of-state licensee shall carry his or her out-of-state authorization at all times during which he or she is carrying a concealed weapon.

SB357,9,22 (c) If he or she is carrying a concealed weapon, a licensee shall display his or her license and an out-of-state licensee shall display his or her out-of-state authorization to a law enforcement officer upon the request of the law enforcement officer.

SB357,9,25 (2m) License document; content of license. (a) Subject to pars. (b), (c), and (d), the department shall design the license document for licenses issued and renewed under this section. The department shall complete the design of the license document no later than the first day of the 4th month beginning after the effective date of this paragraph .... [revisor inserts date], and shall distribute the design for the license document to any sheriff who issues licenses under sub. (2) (a) or (c) for the sheriff to use for licenses that he or she issues under this section.

SB357,10,6 (am) The department shall establish a unique code number for each county of this state for use as a prefix to the identification number required under par. (c) 8.

SB357,10,8 (b) A license issued under this section shall be a single document, with the information specified in par. (c) appearing on one side.

SB357,10,9 (c) One side of the license document shall include all of the following:

SB357,10,10 1. The full name, date of birth, and residence address of the licensee.

SB357,10,11 2. A color photograph of the licensee.

SB357,10,13 3. A physical description of the licensee, including gender, height, weight, and hair and eye color.

SB357,10,14 4. The date on which the license was issued.

SB357,10,15 5. The date on which the license expires.

SB357,10,16 6. The name of this state.

SB357,10,17 7. The name of the county that issues the license.

SB357,10,20 8. A unique identification number for each licensee that begins with the code number, established by the department under par. (am), for the county listed in subd. 7.

SB357,10,24 (d) A license document issued under this section shall be, to the maximum extent possible, tamper proof and shall be produced using the same or similar equipment used by the department of transportation to produce an operator's license under s. 343.17.

SB357,11,2 (3) Qualifications a person must have to get a license. An individual is eligible for a license under this section if all of the following apply:

SB357,11,3 (a) The individual is at least 21 years of age.

SB357,11,5 (b) The individual does not have a physical disability that prevents him or her from safely handling a weapon.

SB357,11,7 (c) The individual is not prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.

SB357,11,8 (d) The individual is not prohibited from possessing a firearm under s. 941.29.

SB357,11,10 (e) During the preceding 3 years, the individual has not been civilly committed under s. 51.20 for being drug dependent.

SB357,11,14 (f) During the preceding 3 years, the individual has not been convicted for any violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch. 961 or of a federal law or a law of another state that is comparable to any provision of ch. 961.

SB357,11,19 (g) The individual does not chronically and habitually use alcohol beverages or other substances to the extent that his or her normal faculties are impaired. A person is presumed chronically and habitually to use alcohol beverages or other substances to the extent that his or her normal faculties are impaired if, within the preceding 3 years, any of the following applies:

SB357,11,21 1. The individual has been committed for involuntary treatment under s. 51.45 (13).

SB357,11,22 2. The individual has been convicted of a violation of s. 941.20 (1) (b).

SB357,11,24 3. In 2 or more cases arising out of separate incidents, a court has found the individual to have committed a drunk driving offense.

SB357,11,25 (h) The individual has done one of the following:

SB357,12,2 2. Successfully completed a National Rifle Association firearm training or firearm safety course.

SB357,12,5 3. Successfully completed a firearm training or firearm safety course or class conducted by an instructor certified either by the state in which the course was conducted or by the National Rifle Association.

SB357,12,11 4. Successfully completed a firearm safety or firearm training course or class that is available to the general public and that is offered by a law enforcement agency, a private or public school, institution, or organization, or a firearm training school, if the course or class uses instructors certified by the National Rifle Association or the department or if the curriculum meets the minimum requirements of the law enforcement standards board.

SB357,12,14 5. Successfully completed a firearm safety or firearm training course or class offered for law enforcement officers, correctional officers, special deputies, private detectives licensed under s. 440.26, or other security or law enforcement personnel.

SB357,12,17 6. Participated in organized shooting competitions or military training that gave the applicant experience with firearms that the sheriff determines is substantially equivalent to any course or class specified in subds. 2. to 5.

SB357,12,21 (i) 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 at least 5 years have elapsed from the date that he or she was found to be competent.

SB357,13,2 (j) 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 shows, through 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.

SB357,13,4 (k) The individual has not been found incompetent under s. 971.14 or, if the individual has been found incompetent under s. 971.14, one of the following applies:

SB357,13,6 1. He or she was subsequently found to be competent and at least 5 years have elapsed from the date that he or she was found to be competent.

SB357,13,9 2. He or she was not subsequently found to be competent and he or she shows, through 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.

SB357,13,14 (L) The individual has not been been found not guilty by reason of mental disease or defect under s. 971.17 or, if the individual has been found not guilty by reason of mental disease or defect under s. 971.17, 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.

SB357,13,18 (m) Within the preceding 3 years, the individual was not convicted of a misdemeanor crime of violence or was not serving a sentence, on probation, or subject to a dispositional order under ch. 938 for committing a misdemeanor crime of violence.

SB357,13,21 (n) 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.

SB357,13,24 (o) The individual is not the subject of any pending civil or criminal case, the disposition of which could disqualify him or her from having a license under this subsection.

SB357,14,3 (p) The individual has not previously submitted an application for a license under this section to any county and had the application denied, unless each reason for the denial is no longer applicable because of changed circumstances.

SB357,14,6 (q) The individual has not had a license that was issued under this section revoked, unless each reason for the revocation is no longer applicable because of changed circumstances.

SB357,14,8 (r) The individual has not been convicted of a violation of sub. (17) (c), (d), or (e).

SB357,14,9 (s) The individual is a Wisconsin resident.

SB357,14,20 (5) Application and renewal forms. 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 the first day of the 4th month beginning after the effective date of this subsection .... [revisor inserts date], and shall distribute the designs for both forms to any sheriff who issues licenses under sub. (2) (a) or (c) for use in making the application forms and the license renewal forms described in this section. The forms designed by the department under this subsection shall require the applicant to provide his or her name, address, date of birth, race, gender, height, weight, and hair and eye color and shall include all of the following:

SB357,14,22 (e) A statement that the applicant is eligible for a license if the requirements specified in sub. (3) are met.

SB357,14,25 (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.

SB357,15,2 (g) A statement that the applicant has received a copy of this section and understands the requirements of this section.

SB357,15,5 (h) A statement that the application is being made under oath and that an applicant may be prosecuted if he or she gives a false answer to any question on the application or submits a falsified document with the application.

SB357,15,7 (i) A statement of the penalties for giving a false answer to any question on the application or submitting a falsified document with the application.

SB357,15,10 (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.

SB357,15,13 (7) Submission of application. An individual may apply for a license under this section with any sheriff. An applicant shall submit all of the following to the sheriff to whom he or she is applying for a license:

SB357,15,15 (a) An application in the form prescribed under sub. (5) that has been sworn to as required under sub. (6).

SB357,15,18 (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.

SB357,15,19 (bh) The fee for a firearms restrictions record search specified in sub. (9g) (c).

SB357,15,20 (bp) A shooting range improvement fee of $15.

SB357,15,21 (bt) A law enforcement excellence fund fee of $15.

SB357,15,23 (d) A photocopy of a certificate or other evidence showing the applicant's qualifications under sub. (3) (h).

SB357,15,25 (e) A full-face photograph of the applicant taken within the 30-day period immediately preceding the date of the applicant's application.

SB357,16,3 (9) Processing of application. (a) Upon receiving an application submitted under sub. (7), a sheriff shall request the department to conduct a firearms restrictions record search, as provided under sub. (9g).

SB357,16,5 (b) Subject to par. (c), within 21 days after receiving an application under sub. (7) a sheriff shall do one of the following:

SB357,16,6 1. Issue the license.

SB357,16,9 2. Deny the application if the applicant fails to qualify under the criteria specified in sub. (3). If the sheriff denies the application, he or she shall inform the applicant in writing, stating the ground for denial.

SB357,16,16 (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) 1. from the department, unless the department has notified the sheriff that the background check does not indicate that the applicant is disqualified for a license under sub. (3) (c), (d), (f), (g) 2. or 3., (k), (L), (m), (n), (o), and (r).

SB357,16,21 (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, and race of the applicant.

SB357,16,23 (b) On receiving a request under par. (a), the department shall conduct a firearms restrictions record search using the following procedure: