This bill codifies in the state concealed weapons statute the provisions of federal
law that make the statute inapplicable to active duty and retired law enforcement
officers under the circumstances specified in federal law (and described above). To
implement federal law, the bill also makes certain other state law prohibitions
regarding the carrying of firearms inapplicable to an active duty or retired law
enforcement officer if he or she is carrying a firearm under those same
circumstances. These include the prohibition on going armed with a handgun in a
tavern, the prohibition regarding the possession, transportation, or loading of a
handgun in vehicles, motorboats, and aircraft, and the prohibition on possessing a
firearm that may be imposed through an injunction entered in certain domestic
abuse cases. (Depending on the facts, however, a person who is subject to such an
injunction may, as a result of that case, also be prohibited under federal law from
possessing a firearm, which means that the federal law regarding the carrying of a
concealed firearm would not apply.) Similarly, the bill modifies the state's
prohibition on possessing a firearm in a school zone to create an exemption for active
duty and retired law enforcement officers who are carrying firearms. But as is the
case with a person who is issued a license to carry a concealed weapon, these changes
do not affect the provisions of the gun-free school zone law that, in general, prohibits
a person, including an off-duty or retired law enforcement officer, from possessing
a firearm in a public school itself or on the grounds of a public school.
In addition, under the bill, DOJ must provide a qualified retired law
enforcement officer, upon his or her request, an ID card that, in combination with a
photo ID issued by the retired officer's former employer, permits the retired officer
to carry a concealed firearm. The ID card that DOJ issues must indicate all of the
following: 1) that DOJ has found that the officer has met the state's standards for
training and qualification for active duty law enforcement officers to carry firearms;
2) the date on which DOJ made that finding; and 3) that, as a result of the finding,
the officer is qualified to carry any firearm other than a machine gun or a firearm
bearing a silencer. DOJ, however, must issue the ID card only if: 1) the retired officer
satisfies the first three criteria listed above for being a "qualified retired law
enforcement officer" under federal law (see Current law regarding the
possession of weapons
, Federal law); 2) DOJ determines that its records do not
indicate that the retired officer is prohibited from possessing a firearm under federal

law or (with the exception of the prohibition based on a domestic abuse injunction)
state law; and 3) the retired officer is a Wisconsin resident. DOJ may charge a retired
officer a fee to cover the costs of issuing an ID card and determining the person's
eligibility.
The bill requires an active duty or retired law enforcement officer who is
carrying a concealed firearm to also carry the documentation that, under federal law,
qualifies him or her to do so. A person who violates this requirement is subject to a
forfeiture of not more than $25. (In contrast to the requirements of federal law, the
exemption that the bill creates in the state's concealed weapons statute for an active
duty or retired law enforcement officer is not dependent on the person carrying his
or her credentials. The person only needs to have been issued the credentials, for the
exemption to apply.)
Identification cards issued to Wisconsin law enforcement officers
Under the bill, if a Wisconsin law enforcement agency issues photo ID cards to
its officers, it may not require an officer to relinquish his or her ID card upon
retirement unless the person is not a qualified retired law enforcement officer (for
example, if the retired officer is not eligible for benefits under the agency's retirement
plan).
Background checks for handgun purchasers
This bill makes certain changes in the law relating to background checks for
handgun purchasers. Under current law, when a person seeks to purchase a
handgun from a licensed handgun dealer, the dealer must ask DOJ to conduct a
background check on the person. In conducting the background check, DOJ searches
DOJ records to determine whether the person is ineligible to possess a firearm under
state law, but it does not attempt to determine whether federal law bars the person
from possessing a firearm based on criteria not covered by state law. This bill
requires DOJ, when conducting a background check on a prospective handgun
purchaser, to determine whether the person has been the subject of a court order or
finding in a Wisconsin court based on the person's mental health that would render
the person ineligible to possess a firearm under federal law. Specifically, DOJ must
determine whether: 1) the person was the subject of a court order committing the
person for treatment in an inpatient mental health facility or a finding by a court that
the person is a danger to himself or herself or others or lacks the mental capacity to
contract or manage his or her own affairs; 2) the person did not commence the
proceeding in which the order was entered or the finding was made; and 3) the order
or finding was based on the person having markedly subnormal intelligence or the
person's mental illness, incompetency, condition, or disease. If DOJ determines that
the prospective purchaser was the subject of such an order or finding, the dealer may
not sell the person a handgun.
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:
AB763, s. 1 1Section 1. 23.33 (3) (e) of the statutes is renumbered 23.33 (3) (e) (intro.) and
2amended to read:
AB763,10,53 23.33 (3) (e) (intro.) With any firearm in his or her possession unless it is
4unloaded and enclosed in a carrying case, or any bow unless it is unstrung or enclosed
5in a carrying case
. This paragraph does not apply to any of the following:
AB763, s. 2 6Section 2. 23.33 (3) (e) 1. of the statutes is created to read:
AB763,10,87 23.33 (3) (e) 1. A person who is employed in this state by a public agency as a
8law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
AB763, s. 3 9Section 3. 23.33 (3) (e) 2. of the statutes is created to read:
AB763,10,1110 23.33 (3) (e) 2. A qualified out-of-state law enforcement officer, as defined in
11s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763, s. 4 12Section 4. 23.33 (3) (e) 3. of the statutes is created to read:
AB763,10,1413 23.33 (3) (e) 3. A retired law enforcement officer, as defined in s. 941.23 (1) (f),
14to whom s. 941.23 (2) (c) 1. to 7. applies.
AB763, s. 5 15Section 5. 23.33 (3) (e) 4. of the statutes is created to read:
AB763,10,1816 23.33 (3) (e) 4. A licensee, as defined in s. 175.50 (1) (d) or an out-of-state
17licensee, as defined in s. 175.50 (1) (g), who possesses a handgun, as defined in s.
18175.50 (1) (bm).
AB763, s. 6 19Section 6. 23.33 (3) (em) of the statutes is created to read:
AB763,10,2020 23.33 (3) (em) With any bow unless it is unstrung or enclosed in a carrying case.
AB763, s. 7
1Section 7. 29.089 (2) of the statutes is renumbered 29.089 (2) (intro.) and
2amended to read:
AB763,11,63 29.089 (2) (intro.) Except as provided in sub. (3), no person may have in his or
4her possession or under his or her control a firearm on land located in state parks or
5state fish hatcheries unless the firearm is unloaded and enclosed within a carrying
6case. This subsection does not apply to any of the following:
AB763, s. 8 7Section 8. 29.089 (2) (a) of the statutes is created to read:
AB763,11,98 29.089 (2) (a) A person who is employed in this state by a public agency as a
9law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
AB763, s. 9 10Section 9. 29.089 (2) (b) of the statutes is created to read:
AB763,11,1211 29.089 (2) (b) A qualified out-of-state law enforcement officer, as defined in s.
12941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763, s. 10 13Section 10. 29.089 (2) (c) of the statutes is created to read:
AB763,11,1514 29.089 (2) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f),
15firearm to whom s. 941.23 (2) (c) 1. to 7. applies.
AB763, s. 11 16Section 11. 29.089 (2) (d) of the statutes is created to read:
AB763,11,1917 29.089 (2) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
18licensee, as defined in s. 175.50 (1) (g), if the firearm is a handgun, as defined in s.
19175.50 (1) (bm).
AB763, s. 12 20Section 12. 29.091 of the statutes is renumbered 29.091 (1) and amended to
21read:
AB763,12,422 29.091 (1) No person may hunt or trap within any wildlife refuge established
23under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession
24or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded,
25the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed

1within a carrying case. The taking of predatory game birds and animals shall be done
2as the department directs. All state wildlife refuge boundary lines shall be marked
3by posts placed at intervals of not over 500 feet and bearing signs with the words
4"Wisconsin Wildlife Refuge".
AB763, s. 13 5Section 13. 29.091 (2) of the statutes is created to read:
AB763,12,86 29.091 (2) The prohibition in sub. (1), as it relates to the possession or control
7of a loaded or unencased gun or firearm within a game refuge established under s.
823.09 (2) (b), does not apply to any of the following:
AB763,12,109 (a) A person who is employed in this state by a public agency as a law
10enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
AB763,12,1211 (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1)
12(e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763,12,1413 (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s.
14941.23 (2) (c) 1. to 7. applies.
AB763, s. 14 15Section 14. 29.091 (2) (d) of the statutes is created to read:
AB763,12,1816 29.091 (2) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
17licensee, as defined in s. 175.50 (1) (g), if the gun or firearm is a handgun, as defined
18in s. 175.50 (1) (bm).
AB763, s. 15 19Section 15. 29.621 (4) of the statutes is renumbered 29.621 (4) (intro.) and
20amended to read:
AB763,13,421 29.621 (4) Protection. (intro.) Except as provided in s. 29.091 (1), no owner
22of a wildlife refuge, and no other person, may hunt or trap within the boundaries of
23any wildlife refuge or have in his or her possession or under his or her control in the
24wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded,
25the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed

1within a carrying case. Nothing in this section may prohibit, prevent or interfere
2with the department in the destruction of injurious animals.
This subsection, as it
3relates to the possession or control of a loaded or unencased firearm, does not apply
4to any of the following:
AB763, s. 16 5Section 16. 29.621 (4) (a) of the statutes is created to read:
AB763,13,76 29.621 (4) (a) A person who is employed in this state by a public agency as a
7law enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
AB763, s. 17 8Section 17. 29.621 (4) (b) of the statutes is created to read:
AB763,13,109 29.621 (4) (b) A qualified out-of-state law enforcement officer, as defined in s.
10941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763, s. 18 11Section 18. 29.621 (4) (c) of the statutes is created to read:
AB763,13,1312 29.621 (4) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f),
13to whom s. 941.23 (2) (c) 1. to 7. applies.
AB763, s. 19 14Section 19. 29.621 (4) (d) of the statutes is created to read:
AB763,13,1715 29.621 (4) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
16licensee, as defined in s. 175.50 (1) (g), if the gun or firearm is a handgun, as defined
17in s. 175.50 (1) (bm).
AB763, s. 20 18Section 20. 29.621 (6) of the statutes is created to read:
AB763,13,2019 29.621 (6) Injurious animals. Nothing in this section may prohibit, prevent,
20or interfere with the department in the destruction of injurious animals.
AB763, s. 21 21Section 21. 51.20 (13) (cv) 4. of the statutes is amended to read:
AB763,14,622 51.20 (13) (cv) 4. If the court prohibits a subject individual from possessing a
23firearm under subd. 1. or cancels a prohibition under subd. 2., the court clerk shall
24notify the department of justice of that fact and provide any information identifying
25the subject individual that is necessary to permit an accurate involuntary

1commitment history record search under s. 175.35 (2g) (c) or a background check
2under s. 175.50 (9g) (b)
. No other information from the subject individual's court
3records may be disclosed to the department of justice except by order of the court.
4The department of justice may disclose information provided under this subdivision
5only as part of an involuntary commitment history record search under s. 175.35 (2g)
6(c).
AB763, s. 22 7Section 22. 51.20 (16) (gm) of the statutes is amended to read:
AB763,14,188 51.20 (16) (gm) Upon a request under par. (a), a court may cancel the
9prohibition under sub. (13) (cv) 1. if the court determines, based on evidence
10presented on the issue of the subject individual's dangerousness, that there no longer
11is a substantial probability that the individual may use a firearm to cause physical
12harm to himself or herself or endanger public safety. If a court cancels a prohibition
13under sub. (13) (cv) 1. under this paragraph, the court clerk shall notify the
14department of justice of that fact and provide any information identifying the subject
15individual that is necessary to permit an accurate involuntary commitment record
16search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b). No
17other information from the subject individual's court records may be disclosed to the
18department of justice except by order of the court.
AB763, s. 23 19Section 23. 51.30 (3) (a) of the statutes is amended to read:
AB763,14,2420 51.30 (3) (a) Except as provided in pars. (b) and (c) and s. 175.50 (11) (d) 2. g.
21and 3. and under rules that the department of justice promulgates under s. 175.35
22(2g) (c) 3. or 175.50 (9g) (f)
, the files and records of the court proceedings under this
23chapter shall be closed but shall be accessible to any individual who is the subject of
24a petition filed under this chapter.
AB763, s. 24 25Section 24. 55.06 (17) (d) of the statutes is created to read:
AB763,15,3
155.06 (17) (d) Notwithstanding par. (a), information from records described in
2par. (a) may be disclosed under rules that the department of justice promulgates
3under s. 175.35 (2g) (c) 3. or 175.50 (9g) (f).
AB763, s. 25 4Section 25. 59.25 (3) (u) of the statutes is created to read:
AB763,15,65 59.25 (3) (u) 1. Establish a segregated fund, the proceeds of which may be used
6by the county to award shooting range grants under s. 175.50 (20m).
AB763,15,87 2. Deposit into the segregated fund created under subd. 1. all moneys received
8under s. 175.50 (7) (bp) or (15) (b) 4. c.
AB763,15,109 3. Make payments from the fund established under subd. 1. as directed by the
10county.
AB763, s. 26 11Section 26. 165.25 (11) of the statutes is created to read:
AB763,15,1512 165.25 (11) List of concealed-carry license approved states. Determine
13which states issue permits or licenses to carry a concealed weapon to persons who
14pass criminal background checks in those states and promulgate by rule a list of
15those states.
AB763, s. 27 16Section 27. 165.82 (1) (intro.) of the statutes is amended to read:
AB763,15,2017 165.82 (1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall
18impose the following fees, plus any surcharge required under sub. (1m), for criminal
19history searches for purposes unrelated to criminal justice or to s. 175.35, 175.49, or
20175.50
:
AB763, s. 28 21Section 28. 165.82 (2) of the statutes is amended to read:
AB763,15,2322 165.82 (2) Except as provided in s. 175.35, the The department of justice shall
23not impose fees for criminal history searches for purposes related to criminal justice.
AB763, s. 29 24Section 29. 167.31 (4) (ar) of the statutes is created to read:
AB763,16,3
1167.31 (4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply
2to the placement, possession, transportation, or loading of a firearm by any of the
3following:
AB763,16,54 1. A person who is employed in this state by a public agency as a law
5enforcement officer and to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.
AB763,16,76 2. A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1)
7(e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763,16,98 3. A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s.
9941.23 (2) (c) 1. to 7. applies.
AB763,16,1110 4. A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as
11defined in s. 175.50 (1) (g), if the firearm is handgun, as defined in s. 175.50 (1) (bm).
AB763, s. 30 12Section 30. 175.35 (1) (am) of the statutes is created to read:
AB763,16,1713 175.35 (1) (am) "Disqualifying mental health adjudication" means one of the
14following events if it occurs in a proceeding that was not commenced by the person
15who is the subject of the proceeding and if it is based on the person having markedly
16subnormal intelligence or the person's mental illness, incompetency, condition, or
17disease:
AB763,16,1918 1. An order entered by a court in this state that commits a person for treatment
19in an inpatient mental health facility.
AB763,16,2220 2. A determination by a court in this state that a person is a danger to himself
21or herself or others under s. 51.20 (1) (a) 2. or lacks the mental capacity to contract
22or manage his or her own affairs.
AB763, s. 31 23Section 31. 175.35 (1) (at) of the statutes is amended to read:
AB763,17,1124 175.35 (1) (at) "Firearms restrictions record search" means a search of
25department of justice records to determine whether a person seeking to purchase a

1handgun is prohibited from possessing a firearm under s. 941.29 or based on a
2disqualifying mental health adjudication
. "Firearms restriction record search"
3includes a criminal history record search, a search to determine whether a person is
4prohibited from possessing a firearm under s. 51.20 (13) (cv), a search to determine
5whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal
6injunction, as defined in s. 813.12 (1) (e), issued by a court established by any
7federally recognized Wisconsin Indian tribe or band, except the Menominee Indian
8tribe of Wisconsin, that includes notice to the respondent that he or she is subject to
9the requirements and penalties under s. 941.29 and that has been filed with the
10circuit court under s. 806.247 (3), and a search to determine whether the person is
11prohibited from possessing a firearm under s. 813.125 (4m).
AB763, s. 32 12Section 32. 175.35 (2) (d) of the statutes is amended to read:
AB763,17,1813 175.35 (2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c.,
14have elapsed from the time that the firearms dealer has received a confirmation
15number regarding the firearms restrictions record search under sub. (2g) (c) from the
16department of justice and the firearms dealer has not been notified that the transfer
17would be in violation of s. 941.29 or that the transferee would be prohibited from
18possessing a firearm based on a disqualifying mental health adjudication
.
AB763, s. 33 19Section 33. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:
AB763,17,2420 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from
21possessing a firearm under s. 941.29 or based on a disqualifying mental health
22adjudication
, the department shall provide the firearms dealer with a unique
23nonapproval number. The department may not disclose to the firearms dealer the
24reason the transferee is prohibited from possessing a firearm under s. 941.29.
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