SB403: Bill Text

SB403,44,24 1. That the department failed to follow procedure prescribed under this section.

SB403,45,2 2. That the department erroneously interpreted a provision of law and a correct interpretation compels a different action.

SB403,45,4 3. That the department's action depends on a finding of fact that is not supported by substantial evidence in the record.

SB403,45,6 (g) 1. The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.

SB403,45,9 2. If the court overturns the department's decision under sub. (3m) (b), the court shall order the department to pay the aggrieved person all court costs and reasonable attorney fees.

SB403,45,13 (15) License expiration and renewal. (a) Except as provided in par. (e) and sub. (9r) (b) 1., a license issued under this section is valid for a period of 5 years from the date on which the license is issued unless the license is suspended or revoked under sub. (9g) (e) 1. or (14).

SB403,45,18 (b) The department shall design a notice of expiration form. At least 90 days before the expiration date of a license issued under this section, the department shall mail to the licensee a notice of expiration form and a form for renewing the license. The department shall renew the license if, before the date the license expires, the licensee does all of the following:

SB403,45,19 1. Submits a renewal application on the form provided by the department.

SB403,45,22 2. Submits a notarized statement reporting 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).

SB403,45,23 4. Pays all of the following:

SB403,45,24 a. A $27 renewal fee.

SB403,45,25 b. A fee for a background check of $8.

SB403,46,3 c. A shooting range improvement fee of $15 written as a separate check, made out to the applicant's county of residence, that the department shall forward to that county on at least a quarterly basis.

SB403,46,5 (c) The department shall conduct a background check of a licensee as provided under sub. (9g) before renewing the licensee's license under par. (b).

SB403,46,9 (d) 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).

SB403,46,13 (e) The license of a member of the U.S. armed forces, a reserve unit of the armed forces, or the national guard who is deployed overseas while on active duty may not expire until at least 90 days after the end of the licensee's overseas deployment unless the license is suspended or revoked under sub. (9g) (e) 1. or (14).

SB403,46,18 (15m) Private employer restrictions. (a) Except as provided in par. (b), a private employer may prohibit a licensee or an out-of-state licensee that it employs from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee's or out-of-state licensee's employment or during any part of the licensee's or out-of-state licensee's course of employment.

SB403,46,22 (b) A private employer may not prohibit a licensee or an out-of-state licensee, as a condition of employment, from carrying a concealed weapon or a particular type of concealed weapon in the licensee's or out-of-state licensee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment.

SB403,46,24 (16) Prohibited activity. (a) Neither a licensee nor an out-of-state licensee may knowingly carry a concealed weapon in any of the following places:

SB403,46,25 1. A place that has been declared a nuisance under ch. 823.

SB403,47,4 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.

SB403,47,5 3. A prison, jail, house of correction, or secured correctional facility.

SB403,47,9 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.

SB403,47,12 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.

SB403,47,13 6. A school administration building.

SB403,47,15 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:

SB403,47,17 a. The licensee or the out-of-state licensee is a person described in s. 941.237 (3) (a), (b), (c), (cm), or (d).

SB403,47,19 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).

SB403,47,22 c. The sale of intoxicating liquors or fermented malt beverages or both on those premises accounts for not more than 50 percent of the proprietor's annual gross receipts from those premises.

SB403,47,24 8. In or beyond a security checkpoint in an airport, unless the weapon is encased for shipment as baggage to be transported by aircraft.

SB403,47,25 9. A place in which carrying the weapon is prohibited by federal law.

SB403,48,1 10. A kindergarten facility or classroom.

SB403,48,7 (at) Neither a licensee nor an out-of-state licensee may carry a concealed weapon in a building owned or leased by the state or any political subdivision of the state if the building provides electronic screening for weapons at all public entrances to the building and for the locked storage of weapons on the premises while the licensee or out-of-state licensee is in the building. This paragraph does not apply to:

SB403,48,9 1. Peace officers or armed forces or military personnel who go armed in the line of duty.

SB403,48,11 2. A person authorized to carry a weapon in the building by the chief of police of the city, village, or town or the sheriff of the county in which the building is located.

SB403,48,13 3. A person authorized to carry a weapon in the building by the chief of the capitol police, if the building is owned or leased by the state.

SB403,48,17 (b) Neither a licensee nor an out-of-state licensee may knowingly carry a handgun 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:

SB403,48,18 1. The individual is in a motor vehicle or on a snowmobile or bicycle.

SB403,48,20 2. The individual has exited a motor vehicle and is encasing the handgun or storing it in the motor vehicle.

SB403,48,23 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.

SB403,49,3 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.

SB403,49,6 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.

SB403,49,7 6. The individual's possession of the handgun is described in s. 948.605 (2) (b).

SB403,49,11 (c) Neither a licensee nor an out-of-state licensee may knowingly carry a weapon other than a handgun on school premises, as defined in s. 948.61 (1) (c), unless he or she is a person described in or a person whose conduct is described in s. 948.61 (3).

SB403,49,13 (cm) A person may not carry a concealed weapon if his or her alcohol concentration exceeds 0.08.

SB403,49,15 (d) Paragraphs (a), (at), (b), and (c) do not apply to a peace officer, as defined in s. 939.22 (22).

SB403,49,17 (17) Penalties. (a) Any person who violates sub. (2g) (b) or (c) may be required to forfeit not more than $25.

SB403,49,19 (b) Any person who violates sub. (16) (a), (at), (b), or (c) may be fined not more than $1,000 or imprisoned for not more than 90 days or both.

SB403,49,21 (bm) Any person who violates sub. (2k) (e) or (16) (cm) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB403,50,2 (c) Any person who submits an intentionally false notarized statement under sub. (6) or (15) (b) 2. or who intentionally makes a false statement to the department 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.

SB403,50,4 (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.

SB403,50,8 (e) Any person required under sub. (14) (b) 2. to relinquish or deliver a license document to the department 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.

SB403,50,11 (18) Access to records. Records created or kept under this section by the department, other than reports created under sub. (19), are not subject to access under s. 19.35.

SB403,50,18 (19) Statistical report. (a) By February 1 of each year, the department shall create a statistical report 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.

SB403,51,2 (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.

SB403,51,5 (20m) Grants for shooting ranges. (a) Using the fees collected under subs. (7) (bp) and (15) (b) 4. c., a county shall award grants to persons for construction or improvement of shooting ranges.

SB403,51,8 (b) A grant awarded under this subsection may be for up to 50 percent of the cost of the construction or improvement of the shooting range. A grant awarded under this subsection may not be used to pay for any of the following:

SB403,51,10 1. The construction of clubhouses and facilities that are not essential to the operation of the shooting range.

SB403,51,11 2. The operation and maintenance of the shooting range.

SB403,51,14 (c) In order to receive a grant under this subsection, the person creating or improving a shooting range shall agree to provide the facility for a firearm safety course or class that meets the requirements under sub. (3m) (a).

SB403,51,19 (d) In determining whether to make a grant under this subsection to a particular applicant, the county shall consider the potential of the project to meet the needs of firearm safety courses or classes that meet the requirements under sub. (3m) in the area served by the shooting range relative to the proposed cost of the construction or improvement.

SB403,51,23 (21) Immunity. (a) The department and its employees, clerks, as defined in sub. (11) (d) 1. a., and their staff, and court automated information systems, as defined under sub. (11) (d) 1. b., and their employees are immune from liability arising from any act or omission under this section, if done in good faith.

SB403,52,3 (b) A person providing a firearm safety or firearm training course or class in good faith is immune from liability arising from any act or omission related to the course or class if the course or class is one described in sub. (3) (h).

SB403,52,6 (c) A person that permits an individual to carry a concealed weapon on property that the person owns or occupies is immune from any liability arising from its decision to do so, if done in good faith.

SB403,52,9 (d) An employer that permits any of its employees to carry a concealed weapon under sub. (15m) is immune from any liability arising from its decision to do so, if done in good faith.

SB403, s. 38 Section 38. 440.26 (3m) of the statutes is renumbered 440.26 (3m) (intro.) and amended to read:

SB403,52,16 440.26 (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:

SB403, s. 39 Section 39. 440.26 (3m) (a) of the statutes is created to read:

SB403,52,20 440.26 (3m) (a) A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm if s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.

SB403, s. 40 Section 40. 440.26 (3m) (b) of the statutes is created to read:

SB403,52,23 440.26 (3m) (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to carry a concealed firearm if s. 941.23 (2) (b) 1. to 3. applies.

SB403, s. 41 Section 41. 440.26 (3m) (c) of the statutes is created to read:

SB403,53,2 440.26 (3m) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to carry a concealed firearm if s. 941.23 (2) (c) 1. to 7. applies.

SB403, s. 42 Section 42. 440.26 (3m) (d) of the statutes is created to read:

SB403,53,6 440.26 (3m) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g), to go armed with a concealed weapon as permitted under s. 175.50.

SB403, s. 43 Section 43. 813.12 (6) (am) 1. of the statutes is amended to read:

SB403,53,14 813.12 (6) (am) 1. If an injunction is issued or extended under sub. (4) or if a tribal injunction is filed under s. 806.247 (3), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b).

SB403, s. 44 Section 44. 813.122 (9) (am) 1. of the statutes is amended to read:

SB403,53,21 813.122 (9) (am) 1. If an injunction is issued or extended under sub. (5), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b).

SB403, s. 45 Section 45. 813.125 (5r) (a) of the statutes is amended to read:

SB403,54,4 813.125 (5r) (a) If an order prohibiting a respondent from possessing a firearm is issued under sub. (4m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b).

SB403, s. 46 Section 46. 885.235 (1g) (intro.) of the statutes is amended to read:

SB403,54,19 885.235 (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:

SB403, s. 47 Section 47. 885.235 (1g) (e) of the statutes is created to read:

SB403,55,2 885.235 (1g) (e) In a case brought under s. 175.50 (16) (cm), the fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but less than 0.08 is relevant evidence on the issue of whether the person had an alcohol concentration of 0.08 or more but is not to be given any prima facie effect. In a case brought under s. 175.50 (16) (cm), the fact that the analysis shows that the person had an alcohol concentration of 0.08 or more is prima facie evidence that he or she had an alcohol concentration of 0.08 or more.

SB403, s. 48 Section 48. 938.396 (8) of the statutes is amended to read:

SB403,55,10 938.396 (8) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act that would be a felony if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b).

SB403, s. 49 Section 49. 938.396 (8m) of the statutes is created to read:

SB403,55,17 938.396 (8m) (a) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act that would be a misdemeanor crime of violence, as defined in s. 175.50 (1) (e), if committed by an adult, the court clerk shall notify the department of justice of that fact. Except as provided in par. (b), no other information from the juvenile's court records may be disclosed to the department of justice except by order of the court.