SB403: Bill Text

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.

SB403,55,24 (b) If an applicant for a license to carry a concealed weapon under s. 175.50 was adjudicated delinquent as a juvenile in a case covered by par. (a), the department of justice may request permission to review court records relating to the case for the purpose of determining whether the applicant meets the requirement under s. 175.50 (3) (m). Upon receiving such a request, the court shall open for inspection by authorized representatives of the department of justice the records of the court relating to that case.

SB403,56,2 (c) The department of justice may disclose information provided or obtained under this subsection only as part of a background check under s. 175.50 (9g) (b).

SB403, s. 50 Section 50. 941.23 of the statutes is renumbered 941.23 (2) (intro.) and amended to read:

SB403,56,7 941.23 (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.:

SB403, s. 51 Section 51. 941.23 (1) of the statutes is created to read:

SB403,56,9 941.23 (1) In this section:

SB403,56,11 (a) "Destructive device" means any of the following but does not include an exempt device:

SB403,56,14 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.

SB403,56,19 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.

SB403,56,22 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.

SB403,56,23 (b) "Exempt device" means any of the following:

SB403,56,24 1. A device that is neither designed nor redesigned for use as a weapon.

SB403,57,2 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.

SB403,57,4 3. Surplus ordnance sold, loaned, or given by the U.S. secretary of the army under 10 USC 4684 (2), 4685, or 4686.

SB403,57,7 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.

SB403,57,8 (c) "Former employer" has the meaning given in s. 175.49 (1) (b).

SB403,57,9 (d) "Law enforcement officer" has the meaning given in s. 175.49 (1) (c).

SB403,57,11 (e) "Qualified out-of-state law enforcement officer" means a law enforcement officer to whom all of the following apply:

SB403,57,13 1. The person is employed by a state or local government agency in another state.

SB403,57,14 2. The agency has authorized the person to carry a firearm.

SB403,57,15 3. The person is not the subject of any disciplinary action by the agency.

SB403,57,17 4. The person meets all standards established by the agency to qualify the person on a regular basis to use a firearm.

SB403,57,18 5. The person is not prohibited under federal law from possessing a firearm.

SB403,57,20 (f) "Retired federal law enforcement officer" means a person who, before retiring, was employed as a law enforcement officer with a public agency.

SB403, s. 52 Section 52. 941.23 (2) (a) of the statutes is created to read:

SB403,57,22 941.23 (2) (a) A peace officer.

SB403, s. 53 Section 53. 941.23 (2) (b) of the statutes is created to read:

SB403,57,25 941.23 (2) (b) A qualified out-of-state law enforcement officer. This paragraph applies only if all of the following apply:

SB403,58,2 1. The weapon is a firearm but is not a machine gun, as defined in s. 941.27 (1), or a destructive device.

SB403,58,3 2. A firearm silencer, as defined in s. 941.298 (1), is not attached to the weapon.

SB403,58,4 3. The officer is not under the influence of an intoxicant.

SB403, s. 54 Section 54. 941.23 (2) (c) of the statutes is created to read:

SB403,58,7 941.23 (2) (c) A retired law enforcement officer. This paragraph applies only if all of the following apply:

SB403,58,9 1. The retired officer has been issued a photographic identification document described in s. 941.23 (3) (b) 1. or both of the following:

SB403,58,11 a. A photographic identification document described in s. 941.23 (3) (b) 2. (intro.).

SB403,58,14 b. An identification card described in s. 941.23 (3) (b) 2. a., if the retired officer resides in this state, or a certification described in s. 941.23 (3) (b) 2. b., if the retired officer resides in another state.

SB403,58,17 2. The weapon is a firearm that is of the type described in a photographic identification document described in subd. 1. (intro.) or a certification described in subd. 1. b.

SB403,58,20 3. 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.

SB403,58,22 4. The weapon is not a machine gun, as defined in s. 941.27 (1), or a destructive device.

SB403,58,23 5. A firearm silencer, as defined in s. 941.298 (1), is not attached to the weapon.

SB403,58,24 6. The retired officer is not under the influence of an intoxicant.

SB403,59,2 7. The retired officer is not prohibited under federal law from possessing a firearm.

SB403, s. 55 Section 55. 941.23 (2) (d) of the statutes is created to read:

SB403,59,10 941.23 (2) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-of state licensee, as defined in s. 175.50 (1) (g), if the dangerous weapon is a weapon, as defined under s. 175.50 (1) (j). An individual formerly licensed under s. 175.50 whose license has been suspended or revoked under s. 175.50 (14) may not assert his or her refusal to accept a notice of revocation or suspension mailed under s. 175.50 (14) (b) 2. as a defense to prosecution under this subsection, regardless of whether the person has complied with s. 175.50 (12).

SB403, s. 56 Section 56. 941.23 (2) (e) of the statutes is created to read:

SB403,59,15 941.23 (2) (e) An individual who goes armed with a concealed and dangerous weapon, as defined in s. 175.50 (1) (j), in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies, unless he or she is prohibited under federal or state law from possessing that weapon.

SB403, s. 57 Section 57. 941.23 (3) of the statutes is created to read:

SB403,59,20 941.23 (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.

SB403,59,22 (b) A retired law enforcement officer shall, while carrying a concealed firearm, also carry one of the following:

SB403,60,3 1. A photographic identification document issued by the retired officer's former employer that indicates that, within the 12 months preceding the date on which the retired officer is carrying the concealed firearm, he or she was tested or otherwise found by his or her former employer to meet the standards that it has established for training and qualification for active duty law enforcement officers to carry a firearm of the same type as the firearm that the retired officer is carrying.

SB403,60,5 2. A photographic identification document issued by retired officer's former employer and one of the following:

SB403,60,7 a. An identification card issued under s. 175.49 (2), if the retired officer resides in this state.

SB403,60,13 b. A certification issued by the state in which the retired officer resides, if the retired officer resides in another state, that indicates that, within the 12 months preceding the date on which the retired officer is carrying the concealed firearm, he or she was tested or otherwise found by that state to meet the state's standards for training and qualification for active duty law enforcement officers to carry a firearm of the same type as the firearm that the retired officer is carrying.

SB403,60,15 (c) A person who violates this subsection may be required to forfeit not more than $25.

SB403,60,17 (d) This subsection does not apply to a licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g).

SB403, s. 58 Section 58. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and amended to read:

SB403,60,20 941.235 (2) (intro.) This section does not apply to peace any of the following:

SB403,60,22 (a) Peace officers or armed forces or military personnel who go armed in the line of duty or to any.

SB403,60,25 (b) A person duly authorized by the chief of police of any city, village or town, the chief of the capitol police or the sheriff of any county to possess a firearm in any building under sub. (1).

SB403, s. 59 Section 59. 941.235 (2) (c) of the statutes is created to read:

SB403,61,3 941.235 (2) (c) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

SB403, s. 60 Section 60. 941.235 (2) (d) of the statutes is created to read:

SB403,61,6 941.235 (2) (d) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s. 941.23 (2) (c) 1. to 7. applies.

SB403, s. 61 Section 61. 941.235 (2) (e) of the statutes is created to read:

SB403,61,10 941.235 (2) (e) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g), if the firearm is a handgun, as defined in s. 175.50 (1) (bm).

SB403, s. 62 Section 62. 941.237 (3) (cr) of the statutes is created to read:

SB403,61,13 941.237 (3) (cr) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

SB403, s. 63 Section 63. 941.237 (3) (ct) of the statutes is created to read:

SB403,61,16 941.237 (3) (ct) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s. 941.23 (2) (c) 1. to 7. applies.

SB403, s. 64 Section 64. 941.237 (3) (cx) of the statutes is created to read:

SB403,61,19 941.237 (3) (cx) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g).

SB403, s. 65 Section 65. 941.29 (11) of the statutes is created to read:

SB403,61,21 941.29 (11) This section does not apply to any of the following:

SB403,61,23 (a) A person who is employed in this state by a public agency as a law enforcement officer, to whom s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.

SB403,61,25 (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

SB403,62,2 (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s. 941.23 (2) (c) 1. to 7. applies.

SB403, s. 66 Section 66. 941.295 (2) (d) of the statutes is amended to read:

SB403,62,9 941.295 (2) (d) Any manufacturer or seller whose of electric weapons are used in this state solely by persons, unless the manufacturer or seller engages in the conduct described in sub. (1) with the intent to provide an electric weapon to someone other than a person specified in pars. (a) to (c) or sub. (2g) (a) or to a person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.

SB403, s. 67 Section 67. 941.295 (2g) of the statutes is created to read:

SB403,62,12 941.295 (2g) The prohibition in sub. (1) on possessing or going armed with an electric weapon does not apply to any of the following: