AB40: Bill Text

2003 Assembly BILL 40

February 10, 2003 - Introduced by Representatives Pettis, Gundrum, Gunderson, Owens, Van Roy, Suder, Kerkman, Krawczyk, Plouff, Hines, Nass, J. Fitzgerald, Bies, F. Lasee, J. Wood, Ladwig, Vrakas, Seratti, Hahn, Stone and Petrowski, cosponsored by Senators Kanavas, Lazich, S. Fitzgerald, Stepp, A. Lasee and Roessler. Referred to Committee on Criminal Justice.

AB40,1,9 An Act to renumber and amend 941.23; to amend 51.20 (13) (cv) 4., 51.20 (16) (gm), 165.82 (1) (intro.), 343.19 (1), 343.50 (4), 813.12 (6) (am) 1., 813.12 (6) (am) 2., 813.122 (9) (am) 1., 813.122 (9) (am) 2., 813.125 (5r) (a), 813.125 (5r) (b) and 938.396 (8); and to create 165.87, 175.33, 343.14 (2) (j), 343.17 (3) (a) 14., 941.23 (1), 941.23 (3), 941.237 (1) (er), 941.237 (3) (am) and 941.237 (3m) of the statutes; relating to: retired peace officers carrying a concealed weapon and the content of operators' licenses and identification cards issued by the Department of Transportation and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

Current law contains a number of prohibitions relating to carrying weapons. Among other things, current law prohibits a person from carrying a concealed and dangerous weapon. In addition, current law generally prohibits a person from intentionally going armed with a handgun in a tavern or a restaurant with a liquor license. A person who violates either of these prohibitions may be fined not more than $10,000 or imprisoned for not more than nine months or both. Neither of these prohibitions, however, applies to a peace officer, who is a person vested by law with a duty to maintain public order to make arrests for crime.

Under the provisions of this bill, a retired peace officer may carry a concealed weapon and may possess a handgun in a tavern or restaurant if the sale of alcohol accounts for 50% or less of the proprietor's receipts for the tavern or restaurant. In order for these provisions to apply, the retired peace officer: 1) must not have been the subject of any disciplinary investigation or proceeding at the time he or she retired; 2) may not have a physical or mental disability that precludes the safe handling of a firearm; 3) must be eligible under state and federal law to possess a firearm; 4) must have completed a firearms safety course, unless the person retired from his or her position as a peace officer within the preceding two years; and 5) must authorize the release of personnel records from his or her preretirement employer and records relating to his or her participation in a firearms safety course.

In addition, the retired peace officer must apply with the Law Enforcement Standards Board (board), which is responsible for verifying the person's eligibility. As part of that process, the board may ask the Department of Justice (DOJ) to conduct a firearms restriction records search, for which DOJ may not assess a fee. If the board determines that the person is eligible, the person may request that the Department of Transportation include on his or her driver's license or identification card a designation that he or she is authorized to carry a concealed weapon. The person must then carry the driver's license or identification card and, upon request, display it to a law enforcement officer if the person is carrying a concealed weapon or is carrying a handgun in a tavern or a restaurant with a liquor license.

For further information see the state 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:

AB40, s. 1 Section 1. 51.20 (13) (cv) 4. of the statutes is amended to read:

AB40,2,10 51.20 (13) (cv) 4. If the court prohibits a subject individual from possessing a firearm under subd. 1. or cancels a prohibition under subd. 2., the court clerk shall notify the department of justice of that fact and provide any information identifying the subject individual that is necessary to permit an accurate involuntary commitment history record search under s. 175.33 or 175.35 (2g) (c). No other information from the subject individual's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose information provided under this subdivision only as part of an involuntary commitment history record search under s. 175.33 or 175.35 (2g) (c).

AB40, s. 2 Section 2. 51.20 (16) (gm) of the statutes is amended to read:

AB40,3,12 51.20 (16) (gm) Upon a request under par. (a), a court may cancel the prohibition under sub. (13) (cv) 1. if the court determines, based on evidence presented on the issue of the subject individual's dangerousness, that there no longer is a substantial probability that the individual may use a firearm to cause physical harm to himself or herself or endanger public safety. If a court cancels a prohibition under sub. (13) (cv) 1. under this paragraph, the court clerk shall notify the department of justice of that fact and provide any information identifying the subject individual that is necessary to permit an accurate involuntary commitment record search under s. 175.33 or 175.35 (2g) (c). No other information from the subject individual's court records may be disclosed to the department of justice except by order of the court.

AB40, s. 3 Section 3. 165.82 (1) (intro.) of the statutes is amended to read:

AB40,3,16 165.82 (1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall impose the following fees for criminal history searches for purposes unrelated to criminal justice or to s. 175.33 or 175.35:

AB40, s. 4 Section 4. 165.87 of the statutes is created to read:

AB40,3,19 165.87 Authorization of retired peace officers to carry concealed weapons. (1) Definitions. In this section:

AB40,3,20 (a) "Board" means the law enforcement standards board.

AB40,3,21 (b) "Peace officer" has the meaning given in s. 939.22 (22).

AB40,3,23 (c) "Preretirement employer" means a person who employed a peace officer immediately before the peace officer's retirement.

AB40,4,3 (d) "Retired peace officer" means a person who was formerly employed as a peace officer and who, immediately upon the termination of his or her employment as a peace officer, qualified for an annuity under the Wisconsin Retirement System, the retirement system of any 1st class city in Wisconsin, or any retirement system established under chapter 201, laws of 1937.

AB40,4,4 (e) "Weapon" means dangerous weapon, as defined in s. 939.22 (10).

AB40,4,8 (2) Authorization by board. If a person meets the requirements of sub. (3), the board shall authorize the department of transportation in writing to include on the person's state identification card, as defined in s. 941.23 (1) (b), a designation that the person is a qualified retired peace officer.

AB40,4,10 (3) Eligibility. A person is eligible to obtain the authorization described in sub. (2) if all of the following apply:

AB40,4,11 (a) The person is a retired peace officer.

AB40,4,14 (b) At the time of his or her retirement as a peace officer, the person was not the subject of any disciplinary investigation or proceeding being conducted by his or her preretirement employer.

AB40,4,16 (c) The person does not have a physical or mental disability that precludes him or her from safely handling a firearm.

AB40,4,17 (d) The person is not prohibited under s. 941.29 from possessing a firearm.

AB40,4,18 (e) The person is not prohibited under federal law from possessing a firearm.

AB40,4,23 (f) Within the preceding 2-year period, the person successfully completed a course of 8 hours or less that was offered by a technical college and that covered the safe use and storage of a handgun or an equivalent course offered by any other institution or program. This paragraph does not apply during the 2-year period immediately following a person's retirement from active service as a peace officer.

AB40,4,24 (g) The person has authorized all of the following in writing:

AB40,5,2 1. His or her preretirement employer to permit the board to obtain records from the person's personnel file.

AB40,5,5 2. The technical college or other institution or program that provided the person the training described in par. (f) to permit the board to obtain records relating to the person's participation in the training.

AB40,5,7 (4) Verifying eligibility. In investigating a person's eligibility under sub. (3), the board may, among other things, do any of the following:

AB40,5,9 (a) Review personnel records relating to the person that are maintained by the person's preretirement employer.

AB40,5,12 (b) Review records that are maintained by the technical college or other institution or program that provided the person the training described in sub. (3) (f) to verify that the person successfully completed the training.

AB40,5,14 (c) Request that the department perform a firearms restrictions record search under s. 175.33.

AB40,5,20 (5) Verifying continued eligibility. No later than 2 years after the date on which the board sends the department of transportation a written authorization under sub. (2), the person to whom the authorization applies shall submit to the board written evidence of the person's continued eligibility under sub. (3). The board may take any steps, including those described in sub. (4), to verify the person's continued eligibility.

AB40,6,2 (6) Revocation. (a) If the board determines at any time that a person whose application for an authorization under sub. (2) has been granted does not meet the requirements of sub. (3) or that a person has failed to comply with sub. (5), the board shall revoke its authorization. The board shall immediately thereafter notify the person by certified mail and notify the department of transportation of the revocation.

AB40,6,5 (b) If the board revokes its authorization with respect to a person under par. (a), the person may reapply for authorization if the person's circumstances change so that he or she is no longer ineligible.

AB40,6,6 (7) Rules. The board shall promulgate rules regarding all of the following:

AB40,6,10 (a) The method by which a person may apply under this section for authorization to carry a concealed weapon, the application forms to be used by such persons, and the forms to be used by persons documenting their continued eligibility under sub. (5).

AB40,6,11 (b) Verification by the board of a person's eligibility under sub. (3).

AB40,6,12 (c) Revocation by the board of any authorization under sub. (2).

AB40,6,14 (d) Receiving and investigating complaints that a person is ineligible for an authorization described in sub. (2).

AB40,6,18 (e) Verification by the department of transportation that a person requesting inclusion of the designation under s. 343.14 (2) (j) has had his or her application for authorization granted under this section. The board shall consult with the department of transportation in developing the rules required under this paragraph.

AB40,6,19 (f) Any other rules necessary for the administration of this section.

AB40, s. 5 Section 5. 175.33 of the statutes is created to read:

AB40,7,2 175.33 Background checks for retired peace officers. At the request of the law enforcement standards board under s. 165.87 (4) (c), the department of justice shall conduct a firearms restriction record search, as defined in s. 175.35 (1) (at). The department may not charge a fee for a firearms restriction record search conducted under this section. The department shall promulgate rules prescribing the manner by which firearms restriction record searches are to be conducted under this section.

AB40, s. 6 Section 6. 343.14 (2) (j) of the statutes is created to read:

AB40,7,7 343.14 (2) (j) A question as to whether the applicant is a retired peace officer who has successfully applied for authorization to carry a concealed weapon under s. 165.87 and who wishes to have the department include on the license document the designation described under s. 343.17 (3) (a) 14.

AB40, s. 7 Section 7. 343.17 (3) (a) 14. of the statutes is created to read:

AB40,7,13 343.17 (3) (a) 14. If the person has answered "yes" to the question under s. 343.14 (2) (j) and the department has verified that the person has successfully applied for authorization to carry a concealed weapon under s. 165.87 under rules promulgated by the law enforcement standards board under s. 165.87 (7) (e), a designation that the person has successfully applied for that authorization.

AB40, s. 8 Section 8. 343.19 (1) of the statutes is amended to read:

AB40,8,4 343.19 (1) If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or, the name or address named in the license or identification card is changed or, the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies, or the condition specified in s. 343.17 (3) (a) 14. applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or, because the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies, or because the condition specified in s. 343.17 (3) (a) 14. applies. If the applicant is a male who is at least 18 years of age but less than 26 years of age, the application shall include the information required under s. 343.14 (2) (em). If the original license or identification card is found it shall immediately be transmitted to the department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.

AB40, s. 9 Section 9. 343.50 (4) of the statutes is amended to read:

AB40,8,16 343.50 (4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), and (em), such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card, and, for applicants who are aged 65 years or older, material, as provided by the department, explaining the voluntary program that is specified in s. 71.55 (10) (b). The department shall include on the application form the question described in s. 343.14 (2) (j) and shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No application may be processed without the photograph being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).

AB40, s. 10 Section 10. 813.12 (6) (am) 1. of the statutes is amended to read:

AB40,8,23 813.12 (6) (am) 1. If an injunction is issued or extended under sub. (4) or if a tribal injunction is filed under s. 806.247 (3), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.33 or 175.35 (2g) (c).

AB40, s. 11 Section 11. 813.12 (6) (am) 2. of the statutes is amended to read:

AB40,9,3 813.12 (6) (am) 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only as part of a firearms restrictions record search under s. 175.33 or 175.35 (2g) (c).

AB40, s. 12 Section 12. 813.122 (9) (am) 1. of the statutes is amended to read:

AB40,9,10 813.122 (9) (am) 1. If an injunction is issued or extended under sub. (5), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.33 or 175.35 (2g) (c).

AB40, s. 13 Section 13. 813.122 (9) (am) 2. of the statutes is amended to read:

AB40,9,14 813.122 (9) (am) 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only as part of a firearms restrictions record search under s. 175.33 or 175.35 (2g) (c).

AB40, s. 14 Section 14. 813.125 (5r) (a) of the statutes is amended to read:

AB40,9,22 813.125 (5r) (a) If an order prohibiting a respondent from possessing a firearm is issued under sub. (4m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.33 or 175.35 (2g) (c).

AB40, s. 15 Section 15. 813.125 (5r) (b) of the statutes is amended to read:

AB40,10,3 813.125 (5r) (b) Except as provided in par. (c), the department of justice may disclose information that it receives under par. (a) only as part of a firearms restrictions record search under s. 175.33 or 175.35 (2g) (c).

AB40, s. 16 Section 16. 938.396 (8) of the statutes is amended to read:

AB40,10,11 938.396 (8) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act that would be a felony if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a firearms restrictions record search under s. 175.33 or 175.35 (2g) (c).

AB40, s. 17 Section 17. 941.23 of the statutes is renumbered 941.23 (2) and amended to read:

AB40,10,16 941.23 (2) Any person except a peace officer or a qualified retired peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.

AB40, s. 18 Section 18. 941.23 (1) of the statutes is created to read:

AB40,10,18 941.23 (1) In this section:

AB40,10,22 (a) "Qualified retired peace officer" means a person whose request for authorization to carry a concealed weapon under s. 165.87 has been granted, who continues to meet the requirements for such an authorization, and who holds a valid state identification card containing a designation under s. 343.17 (3) (a) 14.

AB40,10,25 (b) "State identification card" means an operator's license issued under ch. 343 that contains a photograph of the license holder or an identification card issued under s. 343.50.

AB40, s. 19 Section 19. 941.23 (3) of the statutes is created to read:

AB40,11,4 941.23 (3) If he or she is carrying a concealed weapon, a qualified retired peace officer shall carry his or her state identification card and shall, upon the request of any law enforcement officer, display it to the law enforcement officer.

AB40, s. 20 Section 20. 941.237 (1) (er) of the statutes is created to read:

AB40,11,7 941.237 (1) (er) "Proprietor" means a person to whom a Class "B" or "Class B" license or permit has been issued under ch. 125.

AB40, s. 21 Section 21. 941.237 (3) (am) of the statutes is created to read:

AB40,11,13 941.237 (3) (am) A qualified retired peace officer, as defined in s. 941.23 (1) (a). This paragraph does not apply to any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125 if the sale of intoxicating liquors or fermented malt beverages or both on those premises accounts for more than 50% of the proprietor's receipts from those premises.

AB40, s. 22 Section 22. 941.237 (3m) of the statutes is created to read:

AB40,11,19 941.237 (3m) If he or she is carrying a firearm on any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, a qualified retired peace officer, as defined in s. 941.23 (1) (a), shall carry his or her state identification card, as defined in s. 941.23 (1) (b), and shall, upon the request of any law enforcement officer, display it to the law enforcement officer.