SB90: Bill Text

SB90,18,11 (e) "Former law enforcement officer" means a person who separated from service as a law enforcement officer at a state or local law enforcement agency in Wisconsin.

SB90,18,17 (f) "Law enforcement agency" means an agency that consists of one or more persons employed by the federal government, including any agency described under 18 USC 926C (e) (2); a state, or a political subdivision of a state; the U.S. armed forces; or the national guard, that has as its purposes the prevention and detection of crime and the enforcement of laws or ordinances, and that is authorized to make arrests for crimes.

SB90,18,21 (g) "Law enforcement officer" means a person who is employed by a law enforcement agency for the purpose of engaging in, or supervising others engaging in, the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and who has statutory powers of arrest.

SB90,18,22 (h) "Machine gun" has the meaning given in s. 941.27 (1).

SB90,19,2 (2) Certification of former law enforcement officers. (a) Upon the request of a former law enforcement officer and at the expense of the former law enforcement agency officer, a law enforcement agency that employed the former law enforcement officer shall, except as provided in par. (b), issue the former law enforcement officer a certification card as described in sub. (4) stating all of the following:

SB90,19,5 1. The type of firearm the former law enforcement officer is certified to carry, but no former law enforcement officer may be certified to carry a machine gun, a firearm silencer, or a destructive device.

SB90,19,12 2. The former law enforcement officer has been found by the state, or by a certified firearms instructor if such an instructor is qualified to conduct a firearms qualification test for law enforcement officers in the state, to meet the standards for qualification in firearms training for law enforcement officers to carry a firearm of the type under subd. 1., that are established by the state or, if the state does not establish standards, by the law enforcement agency from which the former law enforcement officer separated.

SB90,19,14 3. The date on which the finding under subd. 2. was made and an expiration date that is 12 months later than that date.

SB90,19,16 4. That, due to the finding under subd. 2., the former law enforcement officer is qualified to carry a concealed firearm of the type under subd. 1.

SB90,19,19 (b) The law enforcement agency may not issue the former law enforcement officer a certification card under par. (a) unless the law enforcement agency first verifies all of the following:

SB90,19,21 1. The former law enforcement officer separated from service as a law enforcement officer with the law enforcement agency in good standing.

SB90,19,25 2. The former law enforcement officer served as a law enforcement officer for an aggregate of at least 10 years or the former law enforcement officer separated from law enforcement service due to a service-connected disability, as determined by the law enforcement agency, after completing any applicable probationary period.

SB90,20,3 3. a. A qualified medical professional employed by the law enforcement agency has not found the former law enforcement officer to be unqualified to be a law enforcement officer for reasons related to the former officer's mental health.

SB90,20,8 b. The former law enforcement officer has not entered into an agreement with the law enforcement agency from which he or she separated from service in which the former officer acknowledges that he or she is not qualified to be a law enforcement officer for reasons related to his or her mental health and in which he or she declines the photographic identification for that reason.

SB90,20,12 4. The former law enforcement officer is not prohibited under federal law from possessing a firearm as indicated by a search of the transaction information for management of enforcement system and the national crime information center system.

SB90,20,19 5. The former law enforcement officer has, during the previous 12 months at his or her own expense, been found by the state, or by a certified firearms instructor if such an instructor is qualified to conduct a firearms qualification test for law enforcement officers in the state, to meet the standards for qualification in firearms training for law enforcement officers to carry a firearm of the type under par. (a) 1., that are established by the state or, if the state does not establish standards, by the law enforcement agency from which the former law enforcement officer separated.

SB90,20,24 (3) Certification of former federal law enforcement officers. (a) Upon the request of a former federal law enforcement officer and at the expense of the former federal law enforcement officer, the department shall, except as provided in par. (b), issue the former federal law enforcement officer a certification card as described in sub. (4) stating all of the following:

SB90,21,3 1. The type of firearm the former federal law enforcement officer is certified to carry, but no former federal law enforcement officer may be certified to carry a machine gun, a firearm silencer, or a destructive device.

SB90,21,9 2. The former federal law enforcement officer been found by the state, or by a certified firearms instructor if such an instructor is qualified to conduct a firearms qualification test for law enforcement officers in the state, to meet the standards for qualification in firearms training for law enforcement officers to carry a firearm of the type under subd. 1., that are established by the state or, if the state does not establish standards, by any law enforcement agency in the state.

SB90,21,11 3. The date on which the finding under subd. 2. was made and an expiration date that is 12 months later than that date.

SB90,21,13 4. That, due to the finding under subd. 2., the former federal law enforcement officer is qualified to carry a concealed firearm of the type under subd. 1.

SB90,21,16 (b) The department may not issue the former federal law enforcement officer a certification card under par. (a) unless the department first verifies all of the following:

SB90,21,18 1. The former federal law enforcement officer separated from service as a law enforcement officer with the law enforcement agency in good standing.

SB90,21,23 2. The former federal law enforcement officer served as a law enforcement officer for an aggregate of at least 10 years or the former federal law enforcement officer separated from law enforcement service due to a service-connected disability, as determined by the law enforcement agency from which the former federal law enforcement officer separated, after completing any applicable probationary period.

SB90,22,2 3. a. A qualified medical professional employed by the law enforcement agency from which the former federal law enforcement officer separated has not found the former federal law enforcement officer to be unqualified to be a law enforcement officer for reasons related to the former officer's mental health.

SB90,22,6 b. The former federal law enforcement officer has not entered into an agreement with the law enforcement agency from which he or she separated from service in which the former officer acknowledges that he or she is not qualified to be a law enforcement officer for reasons related to his or her mental health.

SB90,22,10 4. The former federal law enforcement officer is not prohibited under federal law from possessing a firearm as indicated by a search of the transaction information for management of enforcement system and the national crime information center system.

SB90,22,17 5. The former federal law enforcement officer has, during the previous 12 months at his or her own expense, been found by the state, or by a certified firearms instructor if such an instructor is qualified to conduct a firearms qualification test for law enforcement officers in the state, to meet the standards for qualification in firearms training for law enforcement officers to carry a firearm of the type under par. (a) 1., that are established by the state or, if the state does not establish standards, by any law enforcement agency in the state.

SB90,22,20 (4) Certification cards. (a) 1. Subject to pars. (b), (c), and (d) and sub. (3) (a), the department shall design a certification card to be issued by the department under sub. (3) (a).

SB90,22,23 2. Subject to pars. (b), (c), and (d) and sub. (2) (a), each law enforcement agency, upon a request, shall design a certification card to be issued by the law enforcement agency under sub. (2) (a).

SB90,22,24 (b) A certification card shall contain on one side all of the following:

SB90,23,2 1. The full name, date of birth, and residence address of the person who holds the certification card.

SB90,23,4 2. A photograph of the certification card holder and a physical description that includes sex, height, and eye color.

SB90,23,5 3. The name of this state.

SB90,23,9 (c) A certification card shall include a statement that the certification card does not confer any law enforcement authority on the certification card holder and does not make the certification card holder an employee or agent of the certifying agency or department.

SB90,23,11 (d) A certification card may not contain the certification card holder's social security number.

SB90,23,22 (5) Renewal of certification cards. A person who holds a current certification card issued under sub. (2) or (3) may renew the certification card by requesting the law enforcement agency or the department, whichever issued the current certification card, to renew the certification card at the expense of the person holding the card, if, before the date the certification card expires, the law enforcement agency verifies sub. (2) (b) 4. and 5. if the certification card holder is a former law enforcement officer, or the department verifies sub. (3) (b) 4. and 5. if the certification card holder is a former federal law enforcement officer, and the certification card holder provides any information necessary for the verification. The renewal shall state the date on which verification was made and an expiration date that is 12 months later than that date.

SB90,24,3 (5m) Fees. The department may charge a fee to verify eligibility for a certification card under this section, for the issuance of a certification card under sub. (3), or for the renewal of a certification card under sub. (5), but the fee may not exceed the costs the department incurs in verifying eligibility or for issuing or renewing a certification card. Payments made to the department under this subsection shall be credited to the appropriation account under s. 20.455 (2) (gu).

SB90,24,6 (6) Immunity. (a) When acting in good faith under this section, the department and its employees and a law enforcement agency and its employees are immune from civil and criminal liability arising from any act or omission under this section.

SB90,24,10 (b) When acting in good faith under this section, an entity providing firearms training to comply with the requirements under sub. (2) (a) 2., (3) (a) 2., or (5) and its employees are immune from civil and criminal liability arising from any act or omission that is related to that training.

SB90,24,12 (7) Going armed with a firearm. This section does not limit a former officer's right to go armed with a firearm that is not concealed.

SB90, s. 41 Section 41. 175.60 of the statutes is created to read:

SB90,24,15 175.60 License to carry a concealed weapon. (1) Definitions. In this section:

SB90,24,17 (ac) "Background check" means the searches the department conducts under sub. (9g) to determine a person's eligibility for a license to carry a concealed weapon.

SB90,24,18 (ag) "Carry" means to go armed with.

SB90,24,19 (b) "Department" means the department of justice.

SB90,24,24 (bm) "Handgun" means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).

SB90,24,25 (bv) "Law enforcement agency" does not include the department.

SB90,25,1 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

SB90,25,3 (d) "Licensee" means an individual holding a valid license to carry a concealed weapon issued under this section.

SB90,25,4 (e) "Motor vehicle" has the meaning given in s. 340.01 (35).

SB90,25,6 (f) "Out-of-state license" means a valid permit, license, approval, or other authorization issued by another state if all of the following apply:

SB90,25,8 1. The permit, license, approval, or other authorization is for the carrying of a concealed weapon.

SB90,25,12 2. The state is listed in the rule promulgated by the department under s. 165.25 (12) and, if that state does not require a background search for the permit, license, approval, or authorization, the permit, license, approval, or authorization designates that the holder chose to submit to a background search.

SB90,25,14 (g) "Out-of-state licensee" means an individual who is 21 years of age or over, who is not a Wisconsin resident, and who has been issued an out-of-state license.

SB90,25,15 (h) "Photographic identification card" means one of the following:

SB90,25,17 1. An operator's license issued under ch. 343 or an identification card issued under s. 343.50.

SB90,25,19 2. A license or card issued by a state other than Wisconsin that is substantially equivalent to a license or card under subd. 1.

SB90,25,23 (i) "State identification card number" means the unique identifying driver number assigned to a person by the department of transportation under s. 343.17 (3) (a) 4. or, if the person has no driver number, the number assigned to the person on an identification card issued under s. 343.50.

SB90,25,25 (j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (4), a knife other than a switchblade knife under s. 941.24, or a billy club.

SB90,26,5 (2) Issuance and scope of license. (a) The department shall issue a license to carry a concealed weapon to any individual who is not disqualified under sub. (3) and who completes the application process specified in sub. (7). A license to carry a concealed weapon issued under this section shall meet the requirements specified in sub. (2m).

SB90,26,8 (b) The department may not impose conditions, limitations, or requirements that are not expressly provided for in this section on the issuance, scope, effect, or content of a license.

SB90,26,10 (c) Unless expressly provided in this section, this section does not limit an individual's right to carry a firearm that is not concealed.

SB90,26,14 (2g) Carrying a concealed weapon; possession and display of license document or authorization. (a) A licensee or an out-of-state licensee may carry a concealed weapon anywhere in this state except as provided under subs. (15m) and (16) and ss. 943.13 (1m) (c) and (1n) and 948.605 (2) (b) 1r.

SB90,26,20 (b) Unless the licensee or out-of-state licensee is carrying a concealed weapon in a manner described under s. 941.23 (2) (e), a licensee shall have with him or her his or her license document and photographic identification card and an out-of-state licensee shall have with him or her his or her out-of-state license and photographic identification card at all times during which he or she is carrying a concealed weapon.

SB90,27,2 (c) Unless the licensee or out-of-state licensee is carrying a concealed weapon in a manner described under s. 941.23 (2) (e), a licensee who is carrying a concealed weapon shall display his or her license document and photographic identification card and an out-of-state licensee who is carrying a concealed weapon shall display his or her out-of-state license and photographic identification card to a law enforcement officer upon the request of the law enforcement officer.

SB90,27,7 (2m) License document; content of license. (a) Subject to pars. (b), (bm), (c), and (d), the department shall design a single license document for licenses issued and renewed under this section. The department shall complete the design of the license document no later than the first day of the 2nd month beginning after the effective date of this paragraph .... [LRB inserts date].

SB90,27,9 (b) A license document for a license issued under this section shall contain all of the following on one side:

SB90,27,10 1. The full name, date of birth, and residence address of the licensee.

SB90,27,12 2. A physical description of the licensee, including sex, height, hair color, and eye color.

SB90,27,13 3. The date on which the license was issued.

SB90,27,14 4. The date on which the license expires.

SB90,27,15 5. The name of this state.

SB90,27,16 6. A unique identification number for each licensee.

SB90,27,20 (bm) The reverse side of a license document issued under this section shall contain the requirement under sub. (11) (b) that the licensee shall inform the department of any address change no later than 30 days after his or her address changes and the penalty for a violation of the requirement.

SB90,27,21 (c) The license document may not contain the licensee's social security number.

SB90,27,24 (d) 1. The contents of the license document shall be included in the document in substantially the same way that the contents of an operator's license document issued under s. 343.17 are included in that document.

SB90,28,3 2. The identification card issued under this section shall be tamper proof in substantially the same way that the operator's license is tamper proof under s. 343.17 (2).

SB90,28,9 (e) The department of justice may contract with the department of transportation to produce and issue identification cards under this section. Neither the department of transportation nor any employee of the department of transportation may store, maintain, or access the information provided by the department of justice for the production or issuance of identification cards other than to the extent necessary to produce or issue the identification cards.

SB90,28,12 (3) Restrictions on issuing a license. The department shall issue a license under this section to an individual who submits an application under sub. (7) unless any of the following applies:

SB90,28,13 (a) The individual is less than 21 years of age.

SB90,28,15 (b) The individual is prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.

SB90,28,16 (c) The individual is prohibited from possessing a firearm under s. 941.29.

SB90,28,17 (d) The individual is not a Wisconsin resident.

SB90,29,2 (5) Application and renewal forms. (a) The department shall design an application form for use by individuals who apply for a license under this section and a renewal form for use by individuals applying for renewal of a license under sub. (15). The department shall complete the design of the application form no later than the first day of the 2nd month beginning after the effective date of this paragraph .... [LRB inserts date], and shall complete the design of the renewal form no later than the first day of the 36th month beginning after the effective date of this paragraph .... [LRB inserts date]. The forms shall require the applicant to provide only his or her name, address, date of birth, state identification card number, race, sex, height, hair color, and eye color and shall include all of the following:

SB90,29,4 1. A statement that the applicant is ineligible for a license if sub. (3) (a), (b), (c), or (d) applies to the applicant.

SB90,29,7 2. A statement explaining self-defense and defense of others under s. 939.48, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

SB90,29,9 3. A statement, with a place for the applicant to sign his or her name, to indicate that the applicant has read and understands the requirements of this section.

SB90,29,12 4. A statement that an applicant may be prosecuted if he or she intentionally gives a false answer to any question on the application or intentionally submits a falsified document with the application.