SB214: Bill Text

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

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:

SB214, s. 1 Section 1. 20.370 (5) (csr) of the statutes is created to read:

SB214,5,5 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. 29.594.

SB214, s. 2 Section 2. 20.455 (2) (gp) of the statutes is created to read:

SB214,5,9 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.

SB214, s. 3 Section 3. 23.33 (3) (e) of the statutes is amended to read:

SB214,5,15 23.33 (3) (e) With any firearm in his or her possession unless it is unloaded and enclosed in a carrying case, or. This paragraph does not apply to the possession of a handgun, as defined in s. 175.35 (1) (b), by a person who holds a valid license to carry a concealed weapon issued under s. 175.50 or by an out-of-state licensee, as defined in s. 175.50 (1) (g).

SB214,5,16 (em) With any bow unless it is unstrung or enclosed in a carrying case.

SB214, s. 4 Section 4. 25.29 (1) (a) of the statutes is amended to read:

SB214,6,2 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, 169, 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), 71.30 (10), and 90.21 , 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.

SB214, s. 5 Section 5. 29.089 (2) of the statutes is amended to read:

SB214,6,9 29.089 (2) Except as provided in sub. (3), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply if the firearm is a handgun, as defined in s. 175.35 (1) (b), and the person 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).

SB214, s. 6 Section 6. 29.091 of the statutes is renumbered 29.091 (1) and amended to read:

SB214,6,19 29.091 (1) No person may hunt or trap within any wildlife refuge established under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words "Wisconsin Wildlife Refuge".

SB214, s. 7 Section 7. 29.091 (2) of the statutes is created to read:

SB214,6,24 29.091 (2) The prohibition of the possession or control of a loaded or unencased gun or firearm in sub. (1) does not apply to the possession of a handgun, as defined in s. 175.345 (1) (b), by a person who holds a valid license to carry a concealed weapon issued under s. 175.50 or by an out-of-state licensee, as defined in s. 175.50 (1) (g).

SB214, s. 8 Section 8. 29.594 of the statutes is created to read:

SB214,7,4 29.594 Grants for shooting ranges. (1) The department shall 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).

SB214,7,7 (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:

SB214,7,9 (a) The construction of clubhouses and facilities that are not essential to the operation of the shooting range.

SB214,7,10 (b) The operation and maintenance of the shooting range.

SB214,7,14 (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 or class that will qualify an individual to satisfy the requirements under s. 175.50 (3) (h) for a license to carry a concealed weapon.

SB214,7,18 (4) In determining whether to make a grant under this section to a particular applicant, the department shall consider the potential of the project to meet the needs of firearm safety courses or classes in the area served by the shooting range relative to the proposed cost of the construction or improvement.

SB214,7,20 (5) The department shall promulgate rules establishing a procedure for applying for grants under this section.

SB214, s. 9 Section 9. 29.621 (4) of the statutes is renumbered 29.621 (4) (a) and amended to read:

SB214,8,4 29.621 (4) (a) Except as provided in s. 29.091 (1), no owner of a wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or, except as provided in par. (b), have in his or her possession or under his or her control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. Nothing in this section may prohibit, prevent or interfere with the department in the destruction of injurious animals.

SB214, s. 10 Section 10. 29.621 (4) (b) of the statutes is created to read:

SB214,8,10 29.621 (4) (b) The prohibition of the possession or control of a loaded or unencased gun or firearm in par. (a) does not apply to the possession of a handgun, as defined in s. 175.35 (1) (b), 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).

SB214, s. 11 Section 11. 59.25 (3) (u) of the statutes is created to read:

SB214,8,14 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.

SB214,8,17 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.

SB214,8,20 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).

SB214,8,24 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).

SB214, s. 12 Section 12. 165.82 (2) of the statutes is amended to read:

SB214,9,3 165.82 (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.

SB214, s. 13 Section 13. 167.31 (4) (ar) of the statutes is created to read:

SB214,9,8 167.31 (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 handgun, as defined in s. 175.35 (1) (b), 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).

SB214, s. 14 Section 14. 175.50 of the statutes is created to read:

SB214,9,11 175.50 License to carry a concealed weapon. (1) Definitions. In this section:

SB214,9,12 (a) Except in subs. (2g) (b) and (11) (c) 2., "carry" means to go armed with.

SB214,9,13 (aj) "Department" means the department of justice.

SB214,9,14 (am) "Drunk driving offense" means any of the following:

SB214,9,15 1. A violation of s. 346.63 or a local ordinance in conformity with that section.

SB214,9,17 2. A violation of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63.

SB214,9,23 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.

SB214,9,25 (b) "Firearms restrictions record search" has the meaning given in s. 175.35 (1) (at).

SB214,10,1 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

SB214,10,3 (d) "Licensee" means an individual holding a valid license to carry a concealed weapon issued under this section.

SB214,10,4 (e) "Misdemeanor crime of violence" means any of the following:

SB214,10,6 1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation of s. 947.01.

SB214,10,8 2. A crime under federal law or the law of another state that is comparable to a crime described in subd. 1.

SB214,10,11 (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.

SB214,10,15 (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.

SB214,10,16 (h) "Private property" has the meaning given in s. 943.13 (1e) (e).

SB214,10,18 (i) "Proprietor" means a person to whom a Class "B" or "Class B" license or permit has been issued under ch. 125.

SB214,10,23 (j) "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).

SB214,11,3 (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).

SB214,11,6 (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:

SB214,11,8 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.

SB214,11,11 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.

SB214,11,14 2. At any time the county board of the sheriff's county may rescind the authorization it grants under subd. 1. by a two-thirds vote of all members of the county board.

SB214,11,18 (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:

SB214,11,19 1. The agreement shall be in writing.

SB214,11,21 2. The agreement shall be approved by the county board of the county of each sheriff who is a party to the agreement.

SB214,11,24 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.

SB214,12,3 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.

SB214,12,5 4. The agreement shall designate one county to be identified as the county of issuance.

SB214,12,9 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.

SB214,12,12 (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) or s. 941.20 (1) (b).

SB214,12,15 (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 going armed with a concealed weapon.

SB214,12,19 (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.

SB214,13,2 (2m) License document; content of license. (a) Subject to pars. (b), (c), and (d), the department shall design a single 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.

SB214,13,4 (b) A license document for a license issued under this section shall contain all of the following information on one side:

SB214,13,5 1. The full name, date of birth, and residence address of the licensee.

SB214,13,6 2. A color photograph of the licensee.

SB214,13,8 3. A physical description of the licensee, including gender, height, weight, and hair and eye color.

SB214,13,9 4. The date on which the license was issued.

SB214,13,10 5. The date on which the license expires.

SB214,13,11 6. The name of this state.

SB214,13,12 7. The name of the county that issues the license.

SB214,13,14 8. A unique identification number for each licensee that begins with a unique code number, which the department shall establish, for the county listed in subd. 7.

SB214,13,15 (c) The license document may not contain the licensee's social security number.

SB214,13,19 (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.

SB214,13,21 (3) Qualifications for obtaining a license. An individual is eligible for a license under this section if all of the following apply:

SB214,13,22 (a) The individual is at least 21 years of age.

SB214,13,24 (b) The individual does not have a physical disability that prevents him or her from safely handling a weapon.