AB561: Bill Text

AB561,8,25 2. A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (d), who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce and to whom s. 941.23 (2) (b) 1. to 3. applies.

AB561,9,4 3. A retired Wisconsin law enforcement officer, as defined in s. 941.23 (1) (f), or a retired federal or out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce and to whom s. 941.23 (2) (c) 3. a. to f. applies.

AB561, s. 17 Section 17. 175.50 of the statutes is created to read:

AB561,9,7 175.50 Retired law enforcement officers seeking to carry concealed weapons. (1) Definitions. In this section:

AB561,9,8 (a) "Department" means the department of justice.

AB561,9,12 (b) "Law enforcement officer" means a person who is employed by a public agency for the purpose of engaging in, or supervising others engaging in, the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and who has statutory powers of arrest.

AB561,9,14 (c) "Wisconsin law enforcement agency" has the meaning given in s. 175.46 (1) (f).

AB561,9,17 (2) Law enforcement agency duties. Subject to sub. (3), after a law enforcement officer retires from service with a Wisconsin law enforcement agency, the agency shall do all of the following:

AB561,9,22 (a) Provide the retired officer, upon request and at his or her own expense, opportunities to meet the standards established by the agency for training and qualification that its active duty officers are required to meet as a condition of their carrying firearms. This paragraph applies only if the retired officer is a resident of this state.

AB561,9,24 (b) Issue and provide the retired officer, upon request and at his or her own expense, an identification card that contains his or her photograph and that meets the requirements of sub. (4) if the retired officer is a resident of this state and one of the following applies:

AB561,10,4 1. Within the preceding 12 months, either before or after retiring, the retired officer met the standards described in par. (a).

AB561,10,5 2. The agency does not have any standards of the type described in par. (a).

AB561,10,10 (c) Issue and provide the retired officer, upon request and at his or her own expense, an identification card that contains his or her photograph and that indicates that he or she retired from service from the agency as a law enforcement officer. This paragraph applies only if the retired officer is not a resident of Wisconsin when requesting the issuance of the card.

AB561,10,14 (3) Prerequisites for agency action. (a) Subsection (2) does not apply with respect to a person requesting an opportunity to meet a law enforcement agency's firearms standards under sub. (2) (a) or requesting an identification card from a law enforcement agency under sub. (2) (b) or (c) unless all of the following apply:

AB561,10,16 1. The person retired in good standing from service as a law enforcement officer with the agency for reasons other than mental instability.

AB561,10,17 2. At least one of the following applies:

AB561,10,19 a. Before retiring, the person was regularly employed as a law enforcement officer for an aggregate of 15 years or more.

AB561,10,22 b. The person completed any applicable probationary period of service with the agency and retired from service with the agency due to a service-connected disability, as determined by the agency.

AB561,10,24 3. The person has a nonforfeitable right to benefits under the agency's retirement plan.

AB561,11,8 4. The department determines that its records do not indicate that the person is prohibited from possessing a firearm under federal law or is a person specified in s. 941.29 (1) (a), (b), (bm), (c), (d), (e), or (g). The department shall promulgate rules specifying how Wisconsin law enforcement agencies may request that the department make such a determination with respect to a person formerly employed as a law enforcement officer by that agency. Rules promulgated under this paragraph may require a person who is the subject of a determination under this subdivision to pay a fee to the department to cover the department's costs.

AB561,11,12 (b) A Wisconsin law enforcement agency may require a person to sign appropriate consents for release of information to enable the agency to confirm that he or she meets all of the prerequisites under this subsection for the agency to act under sub. (2).

AB561,11,16 (c) In addition to other fees authorized under sub. (2) (a) and (b), a Wisconsin law enforcement agency may require a person to pay a fee, not to exceed the agency's costs, for verifying his or her employment history or retirement plan status under par. (a).

AB561,11,18 (4) Requirements for identification cards. An identification card issued to a retired officer under sub. (2) shall indicate all of the following:

AB561,11,20 (a) That the agency has found that the retired officer has met the standards described in sub. (2) (a), if any.

AB561,11,21 (b) The date on which the agency made the finding under par. (a).

AB561,11,23 (c) The type of firearm that, as a result of the finding under par. (a), the retired officer may be qualified to carry concealed.

AB561,12,3 (5) Fees. Payments made to the department under sub. (2) or (3) (c) or under rules promulgated under sub. (3) (a) 4. shall be credited to the appropriation under s. 20.455 (2) (gu).

AB561,12,6 (6) Scheduling of training. A Wisconsin law enforcement agency is not required to offer training under sub. (2) (a) other than through regularly scheduled sessions for its active duty law enforcement officers.

AB561, s. 18 Section 18. 440.26 (3m) of the statutes is renumbered 440.26 (3m) (intro.) and amended to read:

AB561,12,13 440.26 (3m) Rules concerning dangerous weapons. (intro.) 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 meet the minimum requirements specified in 15 USC 5902 (b). and shall allow all of the following:

AB561, s. 19 Section 19. 440.26 (3m) (a) of the statutes is created to read:

AB561,12,18 440.26 (3m) (a) A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm that has been shipped or transported in interstate or foreign commerce if s. 941.23 (1) (d) 2. to 5. and (2) (b) 1. to 3. applies.

AB561, s. 20 Section 20. 440.26 (3m) (b) of the statutes is created to read:

AB561,12,23 440.26 (3m) (b) A retired Wisconsin law enforcement officer, as defined in s. 941.23 (1) (f), and a retired federal or out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to carry a concealed firearm that has been shipped or transported in interstate or foreign commerce if s. 941.23 (2) (c) 3. a. to f. applies.

AB561, s. 21 Section 21. 885.235 (1g) (intro.) of the statutes is amended to read:

AB561,13,14 885.235 (1g) (intro.) In any action or proceeding in which it is material to prove that a person was under the influence of an intoxicant or had a prohibited alcohol concentration or a specified alcohol concentration while operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle, on duty time, while operating a motorboat, except a sailboat operating under sail alone, while operating a snowmobile, while operating an all-terrain vehicle, while going armed with a concealed weapon, or while handling a firearm, evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she was under the influence of an intoxicant or had a prohibited alcohol concentration or a specified alcohol concentration if the sample was taken within 3 hours after the event to be proved. The chemical analysis shall be given effect as follows without requiring any expert testimony as to its effect:

AB561, s. 22 Section 22. 941.23 of the statutes is renumbered 941.23 (2) (intro.) and amended to read:

AB561,13,19 941.23 (2) (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.:

AB561, s. 23 Section 23. 941.23 (1) of the statutes is created to read:

AB561,13,21 941.23 (1) In this section:

AB561,13,23 (a) "Destructive device" means any of the following but does not include an exempt device:

AB561,14,3 1. A bomb, a grenade, a rocket having a propellant charge of more than 4 ounces, a missile having an explosive or incendiary charge of more than 0.25 ounce, a mine, or any similar device.

AB561,14,8 2. Any type of weapon, other than a shotgun or a shotgun shell that the U.S. department of justice finds is generally recognized as particularly suitable for sporting purposes, that expels, or that may be readily converted to expel, a projectile by the action of an explosive or other propellant and that has a barrel with a bore of more than 0.5 inch in diameter.

AB561,14,11 3. Any combination of parts that is designed for converting, or intended for use in converting, any device into a device described in subd. 1. or 2. and from which a device described in subd. 1. or 2. may be readily assembled.

AB561,14,12 (b) "Exempt device" means any of the following:

AB561,14,13 1. A device that is neither designed nor redesigned for use as a weapon.

AB561,14,15 2. A device that, although originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device.

AB561,14,17 3. Surplus ordnance sold, loaned, or given by the U.S. secretary of the army under 10 USC 4684 (2), 4685, or 4686.

AB561,14,20 4. Any other device that the U.S. department of justice finds is not likely to be used as a weapon, is an antique, or is a rifle that the owner intends to use solely for sporting, recreational, or cultural purposes.

AB561,14,21 (c) "Law enforcement officer" has the meaning given in s. 175.50 (1) (b).

AB561,14,23 (d) "Qualified out-of-state law enforcement officer" means a law enforcement officer to whom all of the following apply:

AB561,14,25 1. The person is employed by a state or local government agency in another state.

AB561,15,1 2. The agency has authorized the person to carry a firearm.

AB561,15,2 3. The person is not the subject of any disciplinary action by the agency.

AB561,15,4 4. The person meets all standards established by the agency to qualify the person on a regular basis to use a firearm.

AB561,15,5 5. The person is not prohibited under federal law from possessing a firearm.

AB561,15,8 (e) "Retired federal or out-of-state law enforcement officer" means a person who, before retiring, was employed as a law enforcement officer with a public agency other than a Wisconsin law enforcement agency, as defined in s. 175.50 (1) (c).

AB561,15,11 (f) "Retired Wisconsin law enforcement officer" means a person who, before retiring, was employed as a law enforcement officer with a Wisconsin law enforcement agency, as defined in s. 175.50 (1) (c).

AB561, s. 24 Section 24. 941.23 (2) (a) of the statutes is created to read:

AB561,15,13 941.23 (2) (a) A peace officer.

AB561, s. 25 Section 25. 941.23 (2) (b) of the statutes is created to read:

AB561,15,16 941.23 (2) (b) A qualified out-of-state law enforcement officer. This paragraph applies only if all of the following apply:

AB561,15,19 1. The weapon is a firearm that has been shipped or transported in interstate or foreign commerce but is not a machine gun, as defined in s. 941.27 (1), or a destructive device.

AB561,15,20 2. A firearm silencer, as defined in s. 941.298 (1), is not attached to the weapon.

AB561,15,21 3. The officer is not under the influence of an intoxicant.

AB561, s. 26 Section 26. 941.23 (2) (c) of the statutes is created to read:

AB561,15,23 941.23 (2) (c) 1. A retired Wisconsin law enforcement officer.

AB561,15,24 2. A retired federal or out-of-state law enforcement officer.

AB561,15,25 3. This paragraph applies only if all of the following apply:

AB561,16,6 a. The weapon is a firearm that has been shipped or transported in interstate or foreign commerce and is of the type described in a valid identification card described in sub. (3) (b) 1. or 2. (intro.) or (c) 1. or 2. (intro.) that was issued to the retired officer within the preceding 12 months or a valid certification described in sub. (3) (b) 2. b. or (c) 2. b. that was issued to the retired officer within the preceding 12 months.

AB561,16,9 b. Within the preceding 12 months, the retired officer met the standards of the state in which he or she resides for training and qualification for active duty law enforcement officers to carry firearms.

AB561,16,11 c. The weapon is not a machine gun, as defined in s. 941.27 (1), or a destructive device.

AB561,16,12 d. A firearm silencer, as defined in s. 941.298 (1), is not attached to the weapon.

AB561,16,13 e. The retired officer is not under the influence of an intoxicant.

AB561,16,15 f. The retired officer is not prohibited under federal law from possessing a firearm.

AB561, s. 27 Section 27. 941.23 (3) of the statutes is created to read:

AB561,16,20 941.23 (3) (a) A qualified out-of-state law enforcement officer shall, while carrying a concealed firearm, also carry an identification card that contains his or her photograph and that was issued by the law enforcement agency by which he or she is employed.

AB561,16,23 (b) 1. A retired Wisconsin law enforcement officer who resides in this state shall, while carrying a concealed firearm, also carry an identification card issued within the preceding 12 months under s. 175.50 (2) (b).

AB561,17,2 2. A retired Wisconsin law enforcement officer who does not reside in this state shall, while carrying a concealed firearm, also carry either an identification card issued within the preceding 12 months under s. 175.50 (2) (b), if the person was a resident of this state when the card was issued, or both of the following:

AB561,17,5 a. An identification card that was issued by the law enforcement agency that employed the person as a law enforcement officer immediately before his or her retirement and that contains his or her photograph.

AB561,17,10 b. A certification issued by the state in which the person resides that indicates that, within the preceding 12 months, the person was tested or otherwise found by the state to meet the standards established by the state for training and qualification for active duty law enforcement officers to carry a firearm of the same type as the concealed firearm.

AB561,17,15 (c) 1. A retired federal or out-of-state law enforcement officer who resides in this state shall, while carrying a concealed firearm, also carry an identification card that was issued within the preceding 12 months by the law enforcement agency that employed the person as a law enforcement officer immediately before his or her retirement and that is substantially similar to one issued under s. 175.50 (2) (b).

AB561,17,21 2. A retired federal or out-of-state law enforcement officer who does not reside in this state shall, while carrying a concealed firearm, also carry either an identification card that was issued within the preceding 12 months by the law enforcement agency that employed the person as a law enforcement officer immediately before his or her retirement and that is substantially similar to one issued under s. 175.50 (2) (b) or both of the following:

AB561,17,24 a. An identification card that was issued by the law enforcement agency that employed the person as a law enforcement officer immediately before his or her retirement and that contains his or her photograph.

AB561,18,5 b. A certification issued by the state in which the person resides that indicates that, within the preceding 12 months, the person was tested or otherwise found by the state to meet the standards established by the state for training and qualification for active duty law enforcement officers to carry a firearm of the same type as the concealed firearm.

AB561, s. 28 Section 28. 941.23 (4) of the statutes is created to read:

AB561,18,15 941.23 (4) If a retired Wisconsin law enforcement officer has been issued an identification card under s. 175.50 (2) (b) within the preceding 12 months, or if a retired federal or out-of-state law enforcement officer who resides in this state has been issued an identification card that is substantially similar to one issued under s. 175.50 (2) (b) within the preceding 12 months, the retired officer shall notify the sheriff for his or her county of residence that he or she has been issued the card. This subsection does not apply if the retired officer was issued the identification card by a local law enforcement agency in this state and resides in the county in which the card was issued.

AB561, s. 29 Section 29. 941.237 (3) (cr) of the statutes is created to read:

AB561,18,20 941.237 (3) (cr) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (d), who is carrying a concealed firearm that has been shipped or transported in interstate or foreign commerce and to whom s. 941.23 (2) (b) 1. to 3. applies.