LRB-3547/1
CMH:kjf:rs
2011 - 2012 LEGISLATURE
December 7, 2011 - Introduced by
Joint Committee For Review of Administrative
Rules. Referred to Committee on Judiciary and Ethics.
AB413,1,5
1An Act to renumber 175.60 (4) (b) 1. a. and b.;
to renumber and amend 175.60
2(4) (b) 1. (intro.), 175.60 (4) (b) 2. and 175.60 (7) (e);
to amend 175.60 (4) (a)
3(intro.); and
to create 175.60 (4) (c) 1., 2. and 3. and 175.60 (7) (e) 1., 2., 3. and
44. of the statutes;
relating to: training requirements for licenses to carry a
5concealed weapon.
Analysis by the Legislative Reference Bureau
Under current law, an individual who applies for a license to carry a concealed
weapon must fulfill a training requirement, which can be done by completing a
specified course, including the following: a firearms safety or training course
conducted by a national or state organization that certifies firearms instructors; a
firearms safety or training course that is offered by a law enforcement agency; a
firearms safety or training course that is taught by an instructor who is certified by
a national or state organization or by the Department of Justice (DOJ) that is offered
by a technical college, a college, or a university, or a firearms training school; and a
firearms safety or training course that is offered to law enforcement officers or to
licensed private detective and security agencies. This bill prohibits DOJ from setting
an hourly minimum for the firearms safety or training course and, from requiring
the course to test the individual's comprehension and application of firearms safety
rules and safe firearms handling. The bill also prohibits DOJ from requiring, as a
condition for certification as an instructor of a firearms safety or training course, a
certain minimum length of training.
Current law requires an applicant for a license to submit a copy of a document,
or an affidavit from an instructor or organization that conducted the course or
program, that indicates that the applicant completed the course. This bill prohibits
DOJ from requiring the document or affidavit to include the length of the course, the
city or state in which the course was completed, and a statement signed by the
instructor that the course satisfies the training requirements for the license.
This bill is introduced as required by s. 227.26 (2) (f), stats., in support of the
action of the Joint Committee for Review of Administrative Rules in suspending
portions of Emergency Rule 1114, Wis. Adm. Code, an emergency rule of DOJ on
November 7, 2011. The suspended portions of the rule provided for specific
information on documentation required for an application for a license to carry a
concealed weapon, requirements for firearms safety or training courses that satisfy
the training requirements for a license to carry a concealed weapon, and specific
training requirements for instructors that teach firearms safety or training courses
that satisfy the requirements.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB413,2,43
175.60
(4) (a) (intro.)
The Subject to par. (c), the proof of training requirement
4under sub. (7) (e) may be met by any of the following:
AB413,2,117
175.60
(4) (b) 1. (intro.) The department shall certify instructors for the
8purposes of par. (a) 1. c. and e. and shall maintain a list of instructors that it certifies.
9The department may not require as a condition of certification as an instructor that
10the individual complete any certain minimum length of training. To be certified by
11the department as an instructor, a person must meet all of the following criteria:
AB413,3,53
175.60
(4) (c) (intro.) The department may not require
firing live ammunition 4any of the following for a course or program to meet the training requirements under
5par. (a)
.:
AB413, s. 5
6Section
5. 175.60 (4) (c) 1., 2. and 3. of the statutes are created to read:
AB413,3,77
175.60
(4) (c) 1. Firing live ammunition.
AB413,3,98
2. A test of the individual's comprehension and application of firearms safety
9rules and procedures for safe firearms handling.
AB413,3,1010
3. A minimum length of the course or program.
AB413,3,1713
175.60
(7) (e) (intro.) Proof
of
that the applicant meets the training
as 14requirements that are described under sub. (4) (a).
If the applicant is meeting the
15training requirements through a course or program described under sub. (4) (a) 1.,
16the department may not require any of the following information to be on any
17document or affidavit submitted as proof of meeting the training requirements:
AB413, s. 7
18Section
7. 175.60 (7) (e) 1., 2., 3. and 4. of the statutes are created to read:
AB413,3,1919
175.60
(7) (e) 1. The duration of the course or program.
AB413,3,2020
2. The city or state in which the course or program was given.
AB413,3,2221
3. The address and phone number of the person that is responsible for providing
22the course or program.
AB413,3,2523
4. A signed affirmation from the instructor of the course or program stating
24that the course or program satisfies the training requirements described under sub.
25(4) (a).
AB413,4,62
(1) This act applies retroactively to applications submitted under section
3175.60 (7) of the statutes before the effective date of this subsection and retroactively
4to any firearms safety or training course submitted to fulfill the training
5requirement under section 175.60 (7) (e) of the statutes without regard to when the
6safety or training course was completed.
