SB357: Bill Text

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:

SB357,16,25 1. The department shall provide the sheriff with a confirmation number confirming the receipt of the information under par. (a).

SB357,17,5 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.

SB357,17,8 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:

SB357,17,13 a. If the search indicates that the applicant does not qualify for a license under sub. (3) (c), (d), (f), (g) 2. or 3., (k), (L), (m), (n), (o), or (r), 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) (c), (d), (f), (g) 2. or 3., (k), (L), (m), (n), (o), or (r).

SB357,17,16 b. If the search 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), or (r), the department shall provide the sheriff with a unique approval number.

SB357,17,23 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 department learns of that charge. 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.

SB357,18,3 (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).

SB357,18,8 (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).

SB357,18,13 (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.

SB357,19,2 (e) 1. The department shall 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) (c), (d), (f), (g) 2. or 3., (k), (L), (m), (n), (o), or (r), the department shall, except as provided in subd. 2., destroy all records regarding that firearms restrictions record search within 30 days after receiving the duplicate form. If the department previously provided a unique approval number regarding the request and the duplicate completed application form indicates that the applicant is not qualified for a license under sub. (3) (c), (d), (f), (g) 2. or 3., (k), (L), (m), (n), (o), or (r), the department shall immediately notify the sheriff who issued the license, and the sheriff shall revoke the license.

SB357,19,7 2. 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.

SB357,19,11 (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) (h) if the sheriff determines that immediate licensure is warranted to protect the individual from death or great bodily harm, as defined in s. 939.22 (14).

SB357,19,14 (b) If a sheriff issues a license under par. (a), he or she shall notify the department and request an immediate firearms restrictions record search under sub. (9g).

SB357,19,16 (c) 1. Except as provided in subds. 2. and 3., a license issued under par. (a) is valid for 120 days from the date on which it is issued and may not be renewed.

SB357,19,22 2. If the department does not notify the sheriff that the individual does not qualify for a license under sub. (3) (c), (d), (f), (g) 2. or 3., (k), (L), (m), (n), (o), or (r) and if the individual satisfies the requirement under sub. (3) (h) no later than 120 days from the date on which the license is issued, a license issued under par. (a) is valid for the period specified under sub. (15) (a) and may be renewed under sub. (15) (b).