AB763,53,64
440.26
(3m) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
5licensee, as defined in s. 175.50 (1) (g), to go armed with a concealed weapon as
6permitted under s. 175.50.
AB763, s. 43
7Section
43. 813.12 (6) (am) 1. of the statutes is amended to read:
AB763,53,148
813.12
(6) (am) 1. If an injunction is issued or extended under sub. (4) or if a
9tribal injunction is filed under s. 806.247 (3), the clerk of the circuit court shall notify
10the department of justice of the injunction and shall provide the department of
11justice with information concerning the period during which the injunction is in
12effect and information necessary to identify the respondent for purposes of a firearms
13restrictions record search under s. 175.35 (2g) (c)
or a background check under s.
14175.50 (9g) (b).
AB763, s. 44
15Section
44. 813.122 (9) (am) 1. of the statutes is amended to read:
AB763,53,2116
813.122
(9) (am) 1. If an injunction is issued or extended under sub. (5), the
17clerk of the circuit court shall notify the department of justice of the injunction and
18shall provide the department of justice with information concerning the period
19during which the injunction is in effect and information necessary to identify the
20respondent for purposes of a firearms restrictions record search under s. 175.35 (2g)
21(c)
or a background check under s. 175.50 (9g) (b).
AB763, s. 45
22Section
45. 813.125 (5r) (a) of the statutes is amended to read:
AB763,54,423
813.125
(5r) (a) If an order prohibiting a respondent from possessing a firearm
24is issued under sub. (4m), the clerk of the circuit court shall notify the department
25of justice of the existence of the order prohibiting a respondent from possessing a
1firearm and shall provide the department of justice with information concerning the
2period during which the order is in effect and information necessary to identify the
3respondent for purposes of a firearms restrictions record search under s. 175.35 (2g)
4(c)
or a background check under s. 175.50 (9g) (b).
AB763, s. 46
5Section
46. 885.235 (1g) (intro.) of the statutes is amended to read:
AB763,54,196
885.235
(1g) (intro.) In any action or proceeding in which it is material to prove
7that a person was under the influence of an intoxicant or had a prohibited alcohol
8concentration or a specified alcohol concentration while operating or driving a motor
9vehicle or, if the vehicle is a commercial motor vehicle, on duty time, while operating
10a motorboat, except a sailboat operating under sail alone, while operating a
11snowmobile, while operating an all-terrain vehicle
, while going armed with a
12concealed weapon, or while handling a firearm, evidence of the amount of alcohol in
13the person's blood at the time in question, as shown by chemical analysis of a sample
14of the person's blood or urine or evidence of the amount of alcohol in the person's
15breath, is admissible on the issue of whether he or she was under the influence of an
16intoxicant or had a prohibited alcohol concentration or a specified alcohol
17concentration if the sample was taken within 3 hours after the event to be proved.
18The chemical analysis shall be given effect as follows without requiring any expert
19testimony as to its effect:
AB763, s. 47
20Section
47. 885.235 (1g) (e) of the statutes is created to read:
AB763,55,221
885.235
(1g) (e) In a case brought under s. 175.50 (16) (cm), the fact that the
22analysis shows that the person had an alcohol concentration of more than 0.0 but less
23than 0.08 is relevant evidence on the issue of whether the person had an alcohol
24concentration of 0.08 or more but is not to be given any prima facie effect. In a case
25brought under s. 175.50 (16) (cm), the fact that the analysis shows that the person
1had an alcohol concentration of 0.08 or more is prima facie evidence that he or she
2had an alcohol concentration of 0.08 or more.
AB763, s. 48
3Section
48. 938.396 (8) of the statutes is amended to read:
AB763,55,104
938.396
(8) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for
5an act that would be a felony if committed by an adult, the court clerk shall notify
6the department of justice of that fact. No other information from the juvenile's court
7records may be disclosed to the department of justice except by order of the court.
8The department of justice may disclose any information provided under this
9subsection only as part of a firearms restrictions record search under s. 175.35 (2g)
10(c)
or a background check under s. 175.50 (9g) (b).
AB763, s. 49
11Section
49. 938.396 (8m) of the statutes is created to read:
AB763,55,1712
938.396
(8m) (a) Notwithstanding sub. (2), if a juvenile is adjudged delinquent
13for an act that would be a misdemeanor crime of violence, as defined in s. 175.50 (1)
14(e), if committed by an adult, the court clerk shall notify the department of justice
15of that fact. Except as provided in par. (b), no other information from the juvenile's
16court records may be disclosed to the department of justice except by order of the
17court.
AB763,55,2418
(b) If an applicant for a license to carry a concealed weapon under s. 175.50 was
19adjudicated delinquent as a juvenile in a case covered by par. (a), the department of
20justice may request permission to review court records relating to the case for the
21purpose of determining whether the applicant meets the requirement under s.
22175.50 (3) (m). Upon receiving such a request, the court shall open for inspection by
23authorized representatives of the department of justice the records of the court
24relating to that case.
AB763,56,2
1(c) The department of justice may disclose information provided or obtained
2under this subsection only as part of a background check under s. 175.50 (9g) (b).
AB763, s. 50
3Section
50. 941.23 of the statutes is renumbered 941.23 (2) (intro.) and
4amended to read:
AB763,56,75
941.23
(2) (intro.) Any person
except a peace officer, other than one of the
6following, who goes armed with a concealed and dangerous weapon is guilty of a
7Class A misdemeanor
.:
AB763, s. 51
8Section
51. 941.23 (1) of the statutes is created to read:
AB763,56,99
941.23
(1) In this section:
AB763,56,1110
(a) "Destructive device" means any of the following but does not include an
11exempt device:
AB763,56,1412
1. A bomb, a grenade, a rocket having a propellant charge of more than 4
13ounces, a missile having an explosive or incendiary charge of more than 0.25 ounce,
14a mine, or any similar device.
AB763,56,1915
2. Any type of weapon, other than a shotgun or a shotgun shell that the U.S.
16department of justice finds is generally recognized as particularly suitable for
17sporting purposes, that expels, or that may be readily converted to expel, a projectile
18by the action of an explosive or other propellant and that has a barrel with a bore of
19more than 0.5 inch in diameter.
AB763,56,2220
3. Any combination of parts that is designed for converting, or intended for use
21in converting, any device into a device described in subd. 1. or 2. and from which a
22device described in subd. 1. or 2. may be readily assembled.
AB763,56,2323
(b) "Exempt device" means any of the following:
AB763,56,2424
1. A device that is neither designed nor redesigned for use as a weapon.
AB763,57,2
12. A device that, although originally designed for use as a weapon, is redesigned
2for use as a signaling, pyrotechnic, line throwing, safety, or similar device.
AB763,57,43
3. Surplus ordnance sold, loaned, or given by the U.S. secretary of the army
4under
10 USC 4684 (2),
4685, or
4686.
AB763,57,75
4. Any other device that the U.S. department of justice finds is not likely to be
6used as a weapon, is an antique, or is a rifle that the owner intends to use solely for
7sporting, recreational, or cultural purposes.
AB763,57,88
(c) "Former employer" has the meaning given in s. 175.49 (1) (b).
AB763,57,99
(d) "Law enforcement officer" has the meaning given in s. 175.49 (1) (c).
AB763,57,1110
(e) "Qualified out-of-state law enforcement officer" means a law enforcement
11officer to whom all of the following apply:
AB763,57,1312
1. The person is employed by a state or local government agency in another
13state.
AB763,57,1414
2. The agency has authorized the person to carry a firearm.
AB763,57,1515
3. The person is not the subject of any disciplinary action by the agency.
AB763,57,1716
4. The person meets all standards established by the agency to qualify the
17person on a regular basis to use a firearm.
AB763,57,1818
5. The person is not prohibited under federal law from possessing a firearm.
AB763,57,2019
(f) "Retired federal law enforcement officer" means a person who, before
20retiring, was employed as a law enforcement officer with a public agency.
AB763, s. 52
21Section
52. 941.23 (2) (a) of the statutes is created to read:
AB763,57,2222
941.23
(2) (a) A peace officer.
AB763, s. 53
23Section
53. 941.23 (2) (b) of the statutes is created to read:
AB763,57,2524
941.23
(2) (b) A qualified out-of-state law enforcement officer. This paragraph
25applies only if all of the following apply:
AB763,58,2
11. The weapon is a firearm but is not a machine gun, as defined in s. 941.27 (1),
2or a destructive device.
AB763,58,33
2. A firearm silencer, as defined in s. 941.298 (1), is not attached to the weapon.
AB763,58,44
3. The officer is not under the influence of an intoxicant.
AB763, s. 54
5Section
54. 941.23 (2) (c) of the statutes is created to read:
AB763,58,76
941.23
(2) (c) A retired law enforcement officer. This paragraph applies only
7if all of the following apply:
AB763,58,98
1. The retired officer has been issued a photographic identification document
9described in s. 941.23 (3) (b) 1. or both of the following:
AB763,58,1110
a. A photographic identification document described in s. 941.23 (3) (b) 2.
11(intro.).
AB763,58,1412
b. An identification card described in s. 941.23 (3) (b) 2. a., if the retired officer
13resides in this state, or a certification described in s. 941.23 (3) (b) 2. b., if the retired
14officer resides in another state.
AB763,58,1715
2. The weapon is a firearm that is of the type described in a photographic
16identification document described in subd. 1. (intro.) or a certification described in
17subd. 1. b.
AB763,58,2018
3. Within the preceding 12 months, the retired officer met the standards of the
19state in which he or she resides for training and qualification for active duty law
20enforcement officers to carry firearms.
AB763,58,2221
4. The weapon is not a machine gun, as defined in s. 941.27 (1), or a destructive
22device.
AB763,58,2323
5. A firearm silencer, as defined in s. 941.298 (1), is not attached to the weapon.
AB763,58,2424
6. The retired officer is not under the influence of an intoxicant.
AB763,59,2
17. The retired officer is not prohibited under federal law from possessing a
2firearm.
AB763, s. 55
3Section
55. 941.23 (2) (d) of the statutes is created to read:
AB763,59,104
941.23
(2) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-of state
5licensee, as defined in s. 175.50 (1) (g), if the dangerous weapon is a weapon, as
6defined under s. 175.50 (1) (j). An individual formerly licensed under s. 175.50 whose
7license has been suspended or revoked under s. 175.50 (14) may not assert his or her
8refusal to accept a notice of revocation or suspension mailed under s. 175.50 (14) (b)
92. as a defense to prosecution under this subsection, regardless of whether the person
10has complied with s. 175.50 (12).
AB763, s. 56
11Section
56. 941.23 (2) (e) of the statutes is created to read:
AB763,59,1512
941.23
(2) (e) An individual who goes armed with a concealed and dangerous
13weapon, as defined in s. 175.50 (1) (j), in his or her own dwelling or place of business
14or on land that he or she owns, leases, or legally occupies, unless he or she is
15prohibited under federal or state law from possessing that weapon.
AB763, s. 57
16Section
57. 941.23 (3) of the statutes is created to read:
AB763,59,2017
941.23
(3) (a) A qualified out-of-state law enforcement officer shall, while
18carrying a concealed firearm, also carry an identification card that contains his or
19her photograph and that was issued by the law enforcement agency by which he or
20she is employed.
AB763,59,2221
(b) A retired law enforcement officer shall, while carrying a concealed firearm,
22also carry one of the following:
AB763,60,323
1. A photographic identification document issued by the retired officer's former
24employer that indicates that, within the 12 months preceding the date on which the
25retired officer is carrying the concealed firearm, he or she was tested or otherwise
1found by his or her former employer to meet the standards that it has established for
2training and qualification for active duty law enforcement officers to carry a firearm
3of the same type as the firearm that the retired officer is carrying.
AB763,60,54
2. A photographic identification document issued by retired officer's former
5employer and one of the following:
AB763,60,76
a. An identification card issued under s. 175.49 (2), if the retired officer resides
7in this state.
AB763,60,138
b. A certification issued by the state in which the retired officer resides, if the
9retired officer resides in another state, that indicates that, within the 12 months
10preceding the date on which the retired officer is carrying the concealed firearm, he
11or she was tested or otherwise found by that state to meet the state's standards for
12training and qualification for active duty law enforcement officers to carry a firearm
13of the same type as the firearm that the retired officer is carrying.
AB763,60,1514
(c) A person who violates this subsection may be required to forfeit not more
15than $25.
AB763,60,1716
(d) This subsection does not apply to a licensee, as defined in s. 175.50 (1) (d),
17or an out-of-state licensee, as defined in s. 175.50 (1) (g).
AB763, s. 58
18Section
58. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and
19amended to read:
AB763,60,2020
941.235
(2) (intro.) This section does not apply to
peace any of the following:
AB763,60,22
21(a) Peace officers or armed forces or military personnel who go armed in the line
22of duty
or to any.
AB763,60,25
23(b) A person duly authorized by the chief of police of any city, village or town,
24the chief of the capitol police or the sheriff of any county to possess a firearm in any
25building under sub. (1).
AB763, s. 59
1Section
59. 941.235 (2) (c) of the statutes is created to read:
AB763,61,3
2941.235
(2) (c) A qualified out-of-state law enforcement officer, as defined in
3s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763, s. 60
4Section
60. 941.235 (2) (d) of the statutes is created to read:
AB763,61,65
941.235
(2) (d) A retired law enforcement officer, as defined in s. 941.23 (1) (f),
6to whom s. 941.23 (2) (c) 1. to 7. applies.
AB763, s. 61
7Section
61. 941.235 (2) (e) of the statutes is created to read:
AB763,61,108
941.235
(2) (e) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
9licensee, as defined in s. 175.50 (1) (g), if the firearm is a handgun, as defined in s.
10175.50 (1) (bm).
AB763, s. 62
11Section
62. 941.237 (3) (cr) of the statutes is created to read:
AB763,61,1312
941.237
(3) (cr) A qualified out-of-state law enforcement officer, as defined in
13s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.
AB763, s. 63
14Section
63. 941.237 (3) (ct) of the statutes is created to read:
AB763,61,1615
941.237
(3) (ct) A retired law enforcement officer, as defined in s. 941.23 (1) (f),
16to whom s. 941.23 (2) (c) 1. to 7. applies.
AB763, s. 64
17Section
64. 941.237 (3) (cx) of the statutes is created to read:
AB763,61,1918
941.237
(3) (cx) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state
19licensee, as defined in s. 175.50 (1) (g).
AB763, s. 65
20Section
65. 941.29 (11) of the statutes is created to read:
AB763,61,2121
941.29
(11) This section does not apply to any of the following:
AB763,61,2322
(a) A person who is employed in this state by a public agency as a law
23enforcement officer, to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.