SB357: Bill Text

SB357,1,6 An Act to renumber and amend 941.23; to amend 25.29 (1) (a), 165.82 (2), 440.26 (3m) and 941.235 (2); and to create 20.370 (5) (csr), 20.455 (2) (gp), 29.595, 59.25 (3) (u), 167.31 (4) (ar), 175.50, 941.23 (2), 941.295 (2) (bm), 946.32 (3) and 948.605 (2) (b) 4m. of the statutes; relating to: licenses to carry a concealed weapon, requiring the exercise of rule-making authority, making appropriations, and providing penalties.

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 specified 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.

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, taken before the fourth month after the bill becomes law, to authorize the sheriff not to issue concealed weapons licenses. The county board's vote does not prohibit the sheriff from issuing licenses; he or she may still choose to do so. 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 or exercise their other responsibilities under the bill.

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 does not have a physical disability that prevents him or her from safely handling a weapon; 3) he or she must be eligible to possess a firearm under federal law; 4) 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; 5) he or she must not have been committed for the treatment of drug dependency during the preceding three years; 6) he or she must not have been convicted of an offense relating to controlled substances during the preceding three years; 7) he or she must not chronically or habitually use alcohol or other substances to the extent that his or her normal faculties are impaired; 8) he or she must have successfully completed one of several specified firearms training or safety courses; 9) he or she must not have been subject to a finding of incompetency, found not guilty of a crime by reason of mental disease or mental defect, or involuntarily committed for treatment of mental illness during the preceding five years; 10) he or she must not have been convicted of one of a set of specified misdemeanors involving violence or serving a sentence for committing such a misdemeanor within the preceding three years; and 11) he or she must be a Wisconsin resident. 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 help determine the person's eligibility for a license. 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 if the sheriff determines that immediate licensure is warranted to protect the individual from death or great bodily harm.

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. Requires a sheriff to revoke a license to carry a concealed weapon if the licensee no longer meets all of the requirements for licensure.

4. Requires a sheriff to suspend a license to carry a concealed weapon if the licensee is charged with an offense that may ultimately require its revocation.

5. Provides that a person whose application for a license is denied or whose license is suspended or revoked by the sheriff may appeal the sheriff's action to circuit court for review by a judge.

6. 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 and renewal forms.

7. 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.

8. Requires the clerk of each court to notify the sheriff of court proceedings that would require suspension or revocation of a license.

9. Requires each licensee to notify the sheriff within ten days after being charged with a crime or a drunk driving offense under federal law or the law of another state.

10. 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.

11. 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.

12. Treats a license or permit issued by another state in the same manner as a license issued under this bill.

The bill also establishes the following penalties for offenses relating to licenses to carry a concealed weapon. First, a person who fails to carry his or her license document while carrying a concealed weapon may be required to forfeit $25. Second, 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. Third, a person who does any of the following shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than nine months: 1) intentionally makes a false statement in an application for a license; 2) intentionally fails to report being charged under federal law or the law of another state with any crime or any drunk driving offense within ten days after being charged; or 3) intentionally fails to relinquish a license document to a sheriff after the license has been revoked.

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:

SB357, s. 1 Section 1. 20.370 (5) (csr) of the statutes is created to read:

SB357,4,5 20.370 (5) (csr) Recreation aids — grants for shooting ranges. All moneys received from the shooting range improvement fee under s. 175.50 (7) (bp) and (15) (b) 4. c. for the purpose of making grants and administering the grant program under s. 29.595.

SB357, s. 2 Section 2. 20.455 (2) (gp) of the statutes is created to read:

SB357,4,9 20.455 (2) (gp) Concealed weapons licenses background check. All moneys received as fee payments under s. 175.50 (7) (bh) and (15) (b) 4. b. to provide services under s. 175.50.

SB357, s. 3 Section 3. 25.29 (1) (a) of the statutes is amended to read:

SB357,4,16 25.29 (1) (a) Except as provided in ss. 25.293 and 25.295, all moneys accruing to the state for or in behalf of the department under chs. 26, 27, 28, 29 and 350, subchs. I and VI of 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, 71.10 (5) and, 71.30 (10), and 175.50 (7) (bp) and (15) (b) 4. c., including grants received from the federal government or any of its agencies except as otherwise provided by law.

SB357, s. 4 Section 4. 29.595 of the statutes is created to read:

SB357,4,21 29.595 Grants for shooting ranges. (1) The department may award grants to persons for construction or improvement of shooting ranges. A grant awarded under this section shall be paid from the appropriation account under s. 20.370 (5) (csr).

SB357,5,3 (2) A grant awarded under this section may be for up to 50% of the cost of the construction or improvement of the shooting range. A grant awarded under this section may not be used to pay for any of the following:

SB357,5,5 (a) The construction of clubhouses and facilities that are not essential to the operation of the shooting range.

SB357,5,6 (b) The operation and maintenance of the shooting range.

SB357,5,10 (3) In order to receive a grant under this section, the person creating or improving a shooting range shall agree to provide, for a fee of not more than $20, a firearm safety course that will qualify an individual to satisfy the requirements under s. 175.50 (3) (h) for a license to carry a concealed weapon.

SB357,5,14 (4) In determining whether to make a grant under this section, the department shall consider the potential of the project to meet the needs of firearm safety courses in the area served by the shooting range relative to the proposed cost of the construction or improvement.

SB357,5,16 (5) The department shall promulgate rules establishing a procedure for applying for grants under this section.

SB357, s. 5 Section 5. 59.25 (3) (u) of the statutes is created to read:

SB357,5,20 59.25 (3) (u) 1. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all moneys received under s. 175.50 (7) (bd), (13), and (15) (b) 4. a. and (d) 1. in the general fund of the county.

SB357,5,23 2. Forward all moneys received under s. 175.50 (7) (bh) and (15) (b) 4. b. to the state treasurer for payment of firearms restrictions record searches conducted under s. 175.50 (9g) at the request of the county's sheriff.

SB357,6,3 3. Forward all moneys received under s. 175.50 (7) (bp) and (15) (b) 4. c. to the state treasurer for deposit in the conservation fund to be credited to the appropriation account under s. 20.370 (5) (csr).

SB357,6,7 4. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all moneys received from payments made under s. 175.50 (7) (bt) and (15) (b) 4. d. in the law enforcement excellence fund established under s. 175.50 (20) and make payments from the fund for the purposes of s. 175.50 (20) (b).

SB357, s. 6 Section 6. 165.82 (2) of the statutes is amended to read:

SB357,6,11 165.82 (2) Except as provided in s. ss. 175.35 and 175.50, the department of justice shall not impose fees for criminal history searches for purposes related to criminal justice.

SB357, s. 7 Section 7. 167.31 (4) (ar) of the statutes is created to read:

SB357,6,16 167.31 (4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply to the placement, possession, transportation, or loading of a firearm by a person who holds a valid license to carry a concealed weapon issued under s. 175.50 or an out-of-state licensee, as defined in s. 175.50 (1) (g).

SB357, s. 8 Section 8. 175.50 of the statutes is created to read:

SB357,6,19 175.50 License to carry concealed weapon. (1) Definitions. In this section:

SB357,6,20 (a) "Department" means the department of justice.

SB357,6,21 (am) "Drunk driving offense" means any of the following:

SB357,6,22 1. A violation of s. 346.63 or a local ordinance in conformity with that section.

SB357,6,24 2. A violation of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63.

SB357,7,6 3. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while intoxicated, while under the influence of a controlled substance, a controlled substance analog, or a combination thereof, with an excess or specified range of alcohol concentration, or while under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.

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.