SB214: Bill Text

SB214,28,23 (b) The department shall design a form notice of expiration and shall distribute the form to any sheriff who issues licenses under sub. (2) (a) or (c) for use under this paragraph. At least 90 days before the expiration date of a license issued under this section, the sheriff who issued the license shall mail to the licensee a notice of expiration and a form for renewing the license. The sheriff shall renew the license if, before the date the license expires, the licensee does all of the following:

SB214,28,24 1. Submits a renewal application on the form provided by the sheriff.

SB214,29,3 2. Submits a notarized affidavit swearing under oath that the information provided under subd. 1. is true and complete to the best of his or her knowledge and that he or she is qualified under sub. (3).

SB214,29,4 4. Pays all of the following:

SB214,29,7 a. A fee set by the sheriff that does not exceed either the cost to the sheriff of renewing a license issued under this section, including the cost of equipment purchase or rental, or $75, whichever is less.

SB214,29,8 b. The fee for a firearms restrictions record search specified in sub. (9g) (c).

SB214,29,9 c. A shooting range improvement fee of $15.

SB214,29,10 d. A law enforcement excellence fund fee of $15.

SB214,29,13 (c) The sheriff shall request the department to conduct a firearms restrictions record search of a licensee as provided under sub. (9g) before renewing the licensee's license under par. (b).

SB214,29,15 (d) 1. Except as provided in subd. 2., if an individual submits an application under par. (b) to renew an expired license he or she shall be assessed a late fee of $15.

SB214,29,19 2. If an individual whose license has expired does not submit a renewal application under par. (b) before 6 months after the expiration date, the license shall permanently expire. An individual whose license has permanently expired may be issued a new license if he or she applies for a license under sub. (7).

SB214,29,21 (16) Prohibited activity. (a) Neither a licensee nor an out-of-state licensee may carry a concealed weapon in any of the following places:

SB214,29,22 1. A place that has been declared a nuisance under ch. 823.

SB214,30,2 2. A police station, sheriff's office, or state patrol station. This subdivision does not prohibit a peace officer who is acting within the scope of his or her employment from carrying a concealed weapon in a police station, sheriff's office, or state patrol station.

SB214,30,3 3. A prison, jail, house of correction, or secured correctional facility.

SB214,30,7 4. A courthouse, except that a judge who is a licensee may carry a concealed weapon in a courthouse in which he or she is presiding in court and may permit in writing any other licensee or out-of-state licensee to carry a concealed weapon in a courthouse in which he or she is presiding in court.

SB214,30,10 5. A place at which a school, college, or professional athletic event is taking place, unless the event is related to firearms and the licensee or out-of-state licensee is a participant in the event.

SB214,30,11 6. A school administration building.

SB214,30,13 7. Any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, unless one of the following applies:

SB214,30,15 a. The licensee or the out-of-state licensee is a person described in s. 941.237 (3) (a), (b), (c), (cm), or (d).

SB214,30,17 b. If the licensee or the out-of-state licensee is carrying a handgun, his or her possession of the handgun is described in s. 941.237 (3) (e), (f), (g), (h), (i), or (j).

SB214,30,20 c. The sale of intoxicating liquors or fermented malt beverages or both on those premises accounts for not more than 50% of the proprietor's receipts from those premises.

SB214,30,22 8. An airport, unless the weapon is encased for shipment as baggage to be transported by aircraft.

SB214,30,23 9. A place in which carrying the weapon is prohibited by federal law.

SB214,31,2 (b) Neither a licensee nor an out-of-state licensee may carry a handgun, as defined in s. 175.35 (1) (b), in a school zone, as defined in s. 948.605 (1) (c), unless he or she is not in or on the grounds of a school, as defined in s. 948.61 (1) (b), and one of the following applies:

SB214,31,3 1. The individual is in a motor vehicle or on a snowmobile or bicycle.

SB214,31,5 2. The individual has exited a motor vehicle and is encasing the handgun or storing it in the motor vehicle.

SB214,31,8 3. The individual is traveling directly to any person's private property from his or her place of employment or business, from any person's private property, or from a place outside of the school zone.

SB214,31,11 4. The individual is traveling directly to his or her place of employment or business from another place of his or her employment or business, from any person's private property, or from a place outside of the school zone.

SB214,31,14 5. The individual is traveling directly to a place outside of the school zone from another place outside of the school zone, from any individual's private property, or from his or her place of employment or business.

SB214,31,15 6. The individual's possession of the handgun is described in s. 948.605 (2) (b).

SB214,31,18 (c) Neither a licensee nor an out-of-state licensee may carry a weapon other than a handgun, as defined in s. 175.35 (1) (b), on school premises, as defined in s. 948.61 (1) (c), unless he or she is a person described in s. 948.61 (3).

SB214,31,20 (17) Penalties. (a) A licensee or an out-of-state licensee who violates sub. (2g) (b) or (c) or (16) (b) may be required to forfeit not more than $25.

SB214,31,22 (b) A licensee or an out-of-state licensee who violates sub. (16) may be fined not more than $1,000 or imprisoned for not more than 90 days or both.

SB214,32,2 (c) Any person who intentionally falsely swears under sub. (6) or (15) (b) 2. or who intentionally makes a false statement to a sheriff in requesting or in connection with the issuance of an emergency license under sub. (9r) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB214,32,4 (d) Any person who intentionally violates sub. (12) (a) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB214,32,8 (e) Any person required under sub. (14) (b) 2. to relinquish or deliver a license document to a sheriff who intentionally violates the requirements of that subdivision shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB214,32,11 (18) Access to records. Records created or kept under this section by the department or a sheriff, other than reports created under sub. (19) or records created under sub. (20), are not subject to access under s. 19.35.

SB214,32,19 (19) Statistical report. (a) By February 1 of each year, a sheriff who is issuing or renewing licenses under this section shall submit a statistical report to the department indicating the number of licenses applied for, issued, denied, suspended, and revoked under this section during the previous calendar year. For the licenses denied, the report shall indicate the reasons for the denials and the part of the application process during which the reasons for denial were discovered. For the licenses suspended or revoked, the report shall indicate the reasons for the suspensions and revocations.

SB214,33,2 (b) By March 1 of each year, the department shall submit a statistical report to the legislature under s. 13.172 (2) and to the governor that is compiled from the reports submitted under par. (a) and that indicates the number of licenses applied for, issued, denied, suspended, and revoked under this section during the previous calendar year. For the licenses denied, the report shall indicate the reasons for the denials and the part of the application process in which the reasons for denial were discovered. For the licenses suspended or revoked, the report shall indicate the reasons for the suspensions and revocations.

SB214,33,8 (20) Law enforcement excellence fund. (a) If a county's sheriff issues licenses under sub. (2) (a) or is party to an agreement under sub. (2) (c), the county board shall establish a law enforcement excellence fund. All money received by a sheriff from payments made under subs. (7) (bt) and (15) (b) 4. d. shall be deposited in accordance with s. 59.25 (3) (u) 4. in the law enforcement excellence fund established under this subsection.

SB214,33,11 (b) A law enforcement excellence fund established under this subsection shall be used to improve law enforcement services in the county and may not be used to supplant or replace other funds otherwise available to the sheriff.

SB214,33,14 (21) Immunity. (a) The department and its employees and sheriffs and their employees are immune from liability arising from any act or omission under this section, if done in good faith.

SB214,33,17 (b) A person providing a firearm safety or firearm training course or class in good faith to a licensee is immune from liability arising from any act or omission related to the course or class.

SB214, s. 15 Section 15. 440.26 (3m) of the statutes is amended to read:

SB214,33,24 440.26 (3m) Rules concerning dangerous weapons. The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall allow the person to go armed with a concealed weapon as permitted under s. 175.50 if the person is licensed under that section and shall meet the minimum requirements specified in 15 USC 5902 (b).

SB214, s. 16 Section 16. 941.23 of the statutes is renumbered 941.23 (1) (intro.) and amended to read:

SB214,34,5 941.23 (1) (intro.) Any person except a peace officer, other than one of the following, who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.:

SB214, s. 17 Section 17. 941.23 (1) (a) of the statutes is created to read:

SB214,34,7 941.23 (1) (a) A peace officer.

SB214, s. 18 Section 18. 941.23 (1) (b) of the statutes is created to read:

SB214,34,11 941.23 (1) (b) An individual holding a valid license under s. 175.50 or authorized under the law of another state to go armed with a concealed weapon in that state, if the dangerous weapon is a weapon, as defined under s. 175.50 (1) (j).

SB214, s. 19 Section 19. 941.23 (2) of the statutes is created to read:

SB214,34,17 941.23 (2) An individual formerly licensed under s. 175.50 whose license has been suspended or revoked under s. 175.50 (14) may not assert his or her refusal to accept or failure to receive a notice of revocation or suspension mailed under s. 175.50 (14) (b) 2. as a defense to prosecution under sub. (1), regardless of whether the person has complied with s. 175.50 (12).

SB214, s. 20 Section 20. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and amended to read:

SB214,34,20 941.235 (2) (intro.) This section does not apply to peace any of the following:

SB214,34,22 (a) Peace officers or armed forces or military personnel who go armed in the line of duty or to any.

SB214,34,25 (b) A person duly authorized by the chief of police of any city, village or town, the chief of the capitol police or the sheriff of any county to possess a firearm in any building under sub. (1).

SB214, s. 21 Section 21. 941.235 (2) (c) of the statutes is created to read:

SB214,35,4 941.235 (2) (c) An individual who goes armed with a concealed and dangerous weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies, unless one of the following applies:

SB214,35,6 1. The individual is prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.

SB214,35,7 2. The individual is prohibited from possessing a firearm under s. 941.29.

SB214, s. 22 Section 22. 941.235 (2) (d) of the statutes is created to read:

SB214,35,11 941.235 (2) (d) An individual holding a valid license under s. 175.50 or authorized under the law of another state to go armed with a concealed weapon as defined in s. 175.50 (1) (j), if the firearm is a handgun, as defined in s. 175.35 (1) (b).

SB214, s. 23 Section 23. 941.237 (3) (ct) of the statutes is created to read:

SB214,35,15 941.237 (3) (ct) An individual holding a valid license under s. 175.50 or authorized under the law of another state to go armed with a concealed weapon in that state.

SB214, s. 24 Section 24. 941.295 (2) (f) of the statutes is created to read:

SB214,35,19 941.295 (2) (f) Any individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.

SB214, s. 25 Section 25. 941.295 (2) (g) of the statutes is created to read:

SB214,35,23 941.295 (2) (g) Any individual holding a valid license under s. 175.50 or authorized under the law of another state to go armed with a concealed weapon in that state.

SB214, s. 26 Section 26. 946.32 (3) of the statutes is created to read:

SB214,36,2 946.32 (3) This section does not apply to offenses that may be prosecuted under s. 175.50 (17) (c).

SB214, s. 27 Section 27. 948.605 (2) (c) of the statutes is created to read:

SB214,36,7 948.605 (2) (c) Paragraph (a) does not apply to the possession of a handgun, as defined in s. 175.35 (1) (b), by an individual holding a valid license under s. 175.50 or authorized under the law of another state to go armed with a concealed handgun who is going armed with a concealed handgun as permitted under s. 175.50.

SB214, s. 28 Section 28. 948.61 (3m) of the statutes is created to read:

SB214,36,13 948.61 (3m) This section does not apply to the possession of a weapon, as defined in s. 175.50 (1) (j), other than a handgun by an individual holding a valid license under s. 175.50 or authorized under the law of another state to go armed with a concealed weapon who is going armed with a concealed weapon as permitted under s. 175.50.

SB214,36,14 (End)