SB214: Bill Text Engrossed

SB214-engrossed,30,7 (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.

SB214-engrossed,30,10 (g) A statement that the applicant has received a copy of this section, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the requirements of this section.

SB214-engrossed,30,13 (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.

SB214-engrossed,30,15 (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.

SB214-engrossed,30,18 (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.

SB214-engrossed,30,21 (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 through whom he or she is applying for a license:

SB214-engrossed,30,23 (a) An application in the form prescribed under sub. (5) that has been sworn to as required under sub. (6).

SB214-engrossed,31,3 (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.

SB214-engrossed,31,4 (bh) The fee for a background check specified in sub. (9g) (c).

SB214-engrossed,31,5 (bp) A shooting range improvement fee of $15.

SB214-engrossed,31,6 (bt) A law enforcement excellence fund fee of $15.

SB214-engrossed,31,8 (d) A photocopy of a certificate or other evidence showing the applicant's qualifications under sub. (3) (h).

SB214-engrossed,31,10 (e) A full-face photograph of the applicant taken within the 30-day period immediately preceding the date of the applicant's application.

SB214-engrossed,31,13 (9) Processing of application. (a) Upon receiving an application submitted under sub. (7), a sheriff shall request that the department conduct a background check, as provided under sub. (9g).

SB214-engrossed,31,15 (b) Subject to pars. (c) and (d), within 30 days after receiving an application under sub. (7), a sheriff shall do one of the following:

SB214-engrossed,31,17 1. Issue the license and promptly send the licensee his or her license document by 1st class mail.

SB214-engrossed,31,21 2. Deny the application, but only 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 reason and factual basis for the denial to the extent permitted under federal law.

SB214-engrossed,32,2 (c) Except as provided in sub. (9r) or (10), 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 background check 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), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r).

SB214-engrossed,32,4 (d) The time period specified in par. (b) is tolled during the pendency of any action brought under sub. (10m).

SB214-engrossed,32,8 (9g) Background checks. (a) A sheriff shall request that the department conduct a background check 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.

SB214-engrossed,32,10 (b) Upon receiving a request under par. (a), the department shall conduct a background check using the following procedure:

SB214-engrossed,32,12 1. The department shall provide the sheriff with a confirmation number confirming the receipt of the information under par. (a).

SB214-engrossed,32,16 2. The department shall conduct the background check regarding an applicant for a license under this section. In conducting a background check under this subdivision, the department shall use the transaction information for management of enforcement system and the national crime information center system.

SB214-engrossed,32,19 3. The department shall notify the sheriff, either during the initial telephone call or as soon thereafter as practicable, of the results of the background check as follows:

SB214-engrossed,32,24 a. If the background check indicates that the applicant does not qualify for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (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), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r).

SB214-engrossed,33,4 b. If the completed background check does not indicate that the applicant is disqualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall provide the sheriff with a unique approval number.

SB214-engrossed,33,13 c. If the background check indicates that the applicant was the subject of a relevant criminal charge for which there is no recorded disposition or if, in the case of a misdemeanor delinquency adjudication, the background check does not indicate how long the resultant dispositional order was in effect, and the 7-day time period described in sub. (9) (c) has not yet run, that time period is extended by 72 hours. The department shall notify the sheriff of the extension as soon as practicable. During the extended period, the department shall make all reasonable efforts to obtain the missing information and shall notify the sheriff of the results of its efforts as soon as practicable.

SB214-engrossed,33,17 (bm) The department shall conduct the background check under par. (b) immediately if, when requesting it under par. (a), the sheriff informs the department that the background check is for an applicant for an emergency license under sub. (9r).

SB214-engrossed,33,22 (c) The department shall charge a sheriff a fee of $8 for each background check that the sheriff requests under par. (a), except that the department shall waive the fee if, when requesting the background check, the sheriff informs the department that the fee is being waived under sub. (9r) (c). The sheriff shall collect the fee from the applicant unless the fee is waived under sub. (9r) (c).

SB214-engrossed,34,2 (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 background checks under this subsection. The sheriff shall mail a duplicate copy of each completed application form to the department.

SB214-engrossed,34,15 (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 background check 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), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall, except as provided in subd. 2., destroy all records regarding that background check 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), (e), (f), (g), (i), (im), (j), (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.

SB214-engrossed,34,20 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 background checks under this subsection together with confirmation numbers and unique approval and nonapproval numbers corresponding to those dates.

SB214-engrossed,34,25 (f) The department shall promulgate rules authorizing it to obtain records necessary to determine an applicant's eligibility under sub. (3) (e), (g) 1., (i), (im), and (j) for a license issued under this section. The department may not disclose information that it obtains under rules issued under this paragraph except to a sheriff under par. (b) 3. or sub. (9r) (b) 2. or (11) (d) 3.

SB214-engrossed,35,8 (9r) Emergency license. (a) Unless the sheriff knows that the person is not qualified for a license under sub. (3) (a) to (g) or (i) to (s), a sheriff may issue a license under this section to an individual who does not satisfy the requirements under sub. (3) (h) without regard for the waiting period under sub. (9) (c) 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). A sheriff who issues a license under this paragraph shall notify the department and request an immediate background check under sub. (9g).

SB214-engrossed,35,10 (b) 1. Except as provided in subd. 2. and par. (d), a license issued under par. (a) is valid for 120 days from the date on which it is issued and may not be renewed.

SB214-engrossed,35,13 2. If the department notifies the sheriff that an individual to whom the sheriff has issued a license under par. (a) does not qualify for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the sheriff shall revoke the license.

SB214-engrossed,35,20 (c) A sheriff may waive the fees that would otherwise be required under subs. (7) (bd), (bh), (bp), and (bt) and (9g) (c) for an individual who is applying for a license under par. (a) if requiring the individual to pay the fees would create a hardship for the individual. The department shall promulgate rules specifying the procedures and definitions that the sheriff is required to apply when determining whether an individual is eligible for a waiver of the fees for an emergency license under this section as provided under this paragraph.

SB214-engrossed,35,24 (d) A person who has been issued a license under par. (a) may obtain a license under sub. (2) if he or she meets the qualifications specified under sub. (3) and completes the application process specified in sub. (7). A license issued to a person under par. (a) is void if the person is issued a license under sub. (2).

SB214-engrossed,36,3 (10) Exemption from background check. Notwithstanding subs. (9) (a) and (15) (c), a sheriff shall issue or renew a license under this section to any of the following individuals without waiting 7 days or requesting a background check:

SB214-engrossed,36,4 (a) A law enforcement officer.

SB214-engrossed,36,5 (b) A correctional officer.

SB214-engrossed,36,6 (c) A probation, parole, and extended supervision agent.

SB214-engrossed,36,8 (d) A person who holds a current certification from the law enforcement standards board under s. 165.85 (3) (c).

SB214-engrossed,36,15 (10m) Disqualification petition regarding certain misdemeanants. (a) If a sheriff receives an application for a license under this section from a person who has committed a misdemeanor crime of violence and the person is eligible for a license under sub. (3) (m), the sheriff may file a petition under this subsection asking the circuit court to enter an order barring the person from receiving a license. The petition shall allege that the person would pose a substantial risk to others if the person were granted a license under this section.

SB214-engrossed,36,21 (b) The sheriff shall file any such petition in the circuit court of the sheriff's county, or if applicable, the circuit court of the county of issuance designated under sub. (2) (c). The sheriff may not file the petition more than 30 days after receiving the person's completed application, unless the person was issued a license under sub. (9r). The court shall allow the person 30 days to file an answer to the petition. The court may hold an evidentiary hearing on the petition.

SB214-engrossed,36,25 (c) If the court determines, by clear and convincing evidence, that the person would pose a substantial risk to others if the person were granted a license under this section, the court shall enter an order prohibiting the person from obtaining a license under this section.

SB214-engrossed,37,2 (d) If the court denies the sheriff's petition, the court shall award the person costs and reasonable attorney fees.

SB214-engrossed,37,3 (e) The court shall expedite any proceeding brought under this subsection.

SB214-engrossed,37,8 (11) Licensee information. (a) A sheriff who issues licenses to carry a concealed weapon under this section shall, within 5 days after issuing a license, notify the department that he or she has issued a license under this section and provide the department with the information specified in sub. (2m) (b) concerning the individual to whom the license was issued.

SB214-engrossed,37,15 (am) The department shall maintain a computerized record listing the names of all individuals who have been issued a license under this section along with the information concerning each individual that is provided to the department by a sheriff under par. (a). After entering the information that it receives under par. (a), the department may not store, maintain, format, sort, or access the information in any way other than by the name of the licensee or the identification number assigned to the licensee under sub. (2m) (b) 8.

SB214-engrossed,37,19 (c) 1. The department and any sheriff issuing licenses under this section shall provide information concerning a specific licensee to a law enforcement agency, but only if the law enforcement agency is requesting the information for any of the following purposes:

SB214-engrossed,37,21 a. To confirm that a license produced by an individual at the request of a law enforcement officer is valid.

SB214-engrossed,37,24 b. To confirm that the individual holds a valid license under this section, if the individual is going armed with a concealed weapon but is not carrying his or her license document and claims to hold a valid license issued under this section.

SB214-engrossed,38,4 c. To investigate whether an individual intentionally falsely swore under sub. (6) or (15) (b) 2., intentionally violated sub. (12) (a), or intentionally made a false statement to a sheriff in connection with the individual's request for an emergency license under sub. (9r).

SB214-engrossed,38,10 2. If the department maintains information compiled under this section regarding licensees through the transaction information for the management of enforcement system and a law enforcement officer uses that system in the context of a vehicle stop that meets the requirements of s. 349.02 (2) (a), the law enforcement officer may only obtain information from that system regarding the licensee's status as a licensee for the purposes listed in subd. 1.

SB214-engrossed,38,11 (d) 1. In this paragraph:

SB214-engrossed,38,14 a. "Clerk" means the clerk of the circuit court or, if it has enacted a law or an ordinance in conformity with s. 346.63, the clerk of the court for a federally recognized American Indian tribe or band in this state, a city, a village, or a town.

SB214-engrossed,38,16 b. "Court automated information systems" means the systems under s. 758.19 (4).

SB214-engrossed,38,21 2. The court automated information systems, or the clerk or register in probate, if the information is not contained in or cannot be transmitted by the court automated information systems, shall promptly notify the department of the name of any individual with respect to whom any of the following occurs and the specific reason for the notification:

SB214-engrossed,39,2 a. The individual is charged with a felony, a misdemeanor crime of violence, a violation of ch. 961, the solicitation, conspiracy, or attempt to commit any violation of ch. 961, a violation of s. 941.20 (1) (b), a violation of sub. (17) (c), (d), or (e), or any other crime that, upon conviction, would disqualify the individual from having a license under this section.

SB214-engrossed,39,3 b. The individual is charged with a drunk driving offense.

SB214-engrossed,39,5 c. The individual is found by a court to have committed any offense described in subd. 2. a. or b.

SB214-engrossed,39,7 d. Prosecution of a felony or a misdemeanor crime of violence for which the individual is charged is suspended under a deferred prosecution agreement.

SB214-engrossed,39,8 e. The individual is found incompetent under s. 971.14.

SB214-engrossed,39,10 f. The individual is found not guilty of any crime by reason of mental disease or mental defect under s. 971.17.

SB214-engrossed,39,12 g. The individual is involuntarily committed for treatment under s. 51.20 or 51.45.

SB214-engrossed,39,13 h. The individual is found incompetent under ch. 880.

SB214-engrossed,39,15 i. The individual becomes subject to an injunction described in s. 941.29 (1) (f) or is ordered not to possess a firearm under s. 813.125 (4m).

SB214-engrossed,39,17 j. A court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c).

SB214-engrossed,39,23 3. Upon receiving a notice under subd. 2., the department shall immediately determine if the individual who is the subject of the notice is a licensee, using the list maintained under par. (am). If the department determines that the individual is a licensee, the department shall immediately inform the sheriff of the county that issued the license of the individual's name and the basis for the notice under subd. 2.

SB214-engrossed,40,2 (12) Updated information. (a) Within 10 days after being charged under federal law or the law of another state with any crime or any drunk driving offense, a licensee shall notify the sheriff of the county that issued his or her license of the charge.

SB214-engrossed,40,6 (b) No later than 30 days after changing his or her address, a licensee shall inform the sheriff of the county that issued the license of his or her new address. The sheriff shall provide the individual's new address to the department for inclusion in the list under sub. (11) (am).

SB214-engrossed,40,12 (13) Lost or destroyed license. No later than 30 days after losing his or her license document or after his or her license document is destroyed, a licensee shall submit to the sheriff of the county that issued the license a notarized statement that his or her license document has been lost or destroyed. The sheriff shall issue a replacement license document upon receiving the notarized statement and a replacement license fee of $15.

SB214-engrossed,40,15 (14) License revocation and suspension. (a) A sheriff shall revoke a license that his or her county issued under this section if the licensee no longer meets all of the criteria specified in sub. (3) (b) to (g), (i) to (n), or (p) to (s).

SB214-engrossed,40,17 (am) 1. If any of the following occurs with respect to a licensee, the sheriff of the county that issued the license shall suspend the licensee's license:

SB214-engrossed,40,19 a. The licensee is the subject of a pending civil or criminal case, the disposition of which could require revocation of his or her license under par. (a).

SB214-engrossed,40,21 b. A court has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3) (c).

SB214-engrossed,40,24 2. If the sheriff suspends a license under subd. 1., he or she shall restore the license if, upon disposition of the case, the person to whom the license was issued meets all of the criteria specified in sub. (3).

SB214-engrossed,41,2 (b) 1. If a sheriff revokes or suspends a license under this section, the revocation or suspension shall take effect immediately.

SB214-engrossed,41,8 2. A sheriff who suspends or revokes a license issued under this section shall send the individual whose license has been suspended or revoked notice of the suspension or revocation by certified mail within one day after the suspension or revocation. Within 7 days after receiving the notice, the individual whose license has been suspended or revoked shall deliver the license document personally or by certified mail to the sheriff.

SB214-engrossed,41,12 (14m) Appeals. (a) A person aggrieved by any action by a sheriff denying an application for a license or suspending or revoking a license under this section may appeal directly to the circuit court of the sheriff's county or, if applicable, to the circuit court of the county of issuance designated under sub. (2) (c).

SB214-engrossed,41,20 (b) To begin an appeal under this subsection, the aggrieved person shall file a petition for review with the clerk of the applicable circuit court within 30 days after the date of the sheriff's action or, if applicable, within 30 days after the date of the notice provided to the person under sub. (9) (b) 2. The petition shall state the substance of the sheriff's action that the person is appealing from and the grounds upon which the person believes the sheriff's action to be improper. The petition may include a copy of any records or documents that are relevant to the grounds upon which the person believes the sheriff's action to be improper.

SB214-engrossed,41,23 (c) A copy of the petition shall be served upon the sheriff either personally or by registered or certified mail within 5 days after the person files his or her petition under par. (b).

SB214-engrossed,42,2 (d) The sheriff shall file an answer within 15 days after being served with the petition under par. (c). The answer shall include a brief statement of the actions taken by the sheriff, and a copy of any documents or records on which the sheriff based his or her action shall be included with the answer when filed.

SB214-engrossed,42,8 (e) The court shall review the petition, the answer, and any records or documents submitted with the petition or the answer. The review under this paragraph shall be conducted by the court without a jury and shall be confined to the petition, the answer, and any records or documents submitted with the petition or the answer, except that in cases of alleged irregularities in procedure by the sheriff the court may take testimony that the court determines is appropriate.

SB214-engrossed,42,10 (f) The court shall affirm the sheriff's action unless the court finds any of the following:

SB214-engrossed,42,11 1. That the sheriff failed to follow procedure prescribed under this section.

SB214-engrossed,42,13 2. That the sheriff erroneously interpreted a provision of law and a correct interpretation compels a different action.

SB214-engrossed,42,15 3. That the sheriff's action depends on a finding of fact that is not supported by substantial evidence in the record.