SB90: Bill Text

SB90,40,18 c. A weapon in a courthouse if a district attorney, or an assistant district attorney, who is a licensee is carrying the weapon.

SB90,40,20 (17) Penalties. (a) Any person who violates sub. (2g) (b) or (c) may be required to forfeit not more than $25.

SB90,40,22 (ac) Except as provided in sub. (11) (b) 2., any person who violates sub. (11) (b) 1. may be required to forfeit $50.

SB90,40,24 (ag) Any person who violates sub. (2m) (e), (12), or (12g) may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both.

SB90,41,5 (ar) Any law enforcement officer who uses excessive force based solely on an individual's status as a licensee may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both. The application of the criminal penalty under this paragraph does not preclude the application of any other civil or criminal remedy.

SB90,41,7 (b) Any person who violates sub. (16) (am) may be fined not more than $500 or imprisoned for not more than 30 days or both.

SB90,41,11 (e) Any person required under sub. (14) (b) 3. to relinquish or deliver a license document to the department who intentionally violates the requirements of that subdivision shall be fined not more than $500 and may be imprisoned for not more than 30 days or both.

SB90,41,14 (18) Reciprocity agreements. The department may enter into reciprocity agreements with other states as to matters relating to licenses or other authorization to carry concealed weapons.

SB90,41,24 (19) Statistical report. 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 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. The department may not include in the report any information that may be used to identify an applicant or a licensee, including, but not limited to, a name, address, birth date, or social security number.

SB90,42,5 (21) Immunity. (a) The department of justice, the department of transportation, and the employees of each department; clerks, as defined in sub. (11) (a) 1. a., and their staff; and court automated information systems, as defined under sub. (11) (a) 1. b., and their employees are immune from liability arising from any act or omission under this section, if done so in good faith.

SB90,42,8 (b) A person that does not prohibit an individual from carrying a concealed weapon on property that the person owns or occupies is immune from any liability arising from its decision.

SB90,42,11 (c) An employer that does not prohibit one or more employees from carrying a concealed weapon under sub. (15m) is immune from any liability arising from its decision.

SB90, s. 42 Section 42. 440.26 (3m) of the statutes is renumbered 440.26 (3m) (intro.) and amended to read:

SB90,42,18 440.26 (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:

SB90, s. 43 Section 43. 440.26 (3m) (a) of the statutes is created to read:

SB90,42,22 440.26 (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) (g) 2. to 5. and (2) (b) 1. to 3. applies.

SB90, s. 44 Section 44. 440.26 (3m) (b) of the statutes is created to read:

SB90,42,25 440.26 (3m) (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to carry a concealed firearm if s. 941.23 (2) (b) 1. to 3. applies.

SB90, s. 45 Section 45. 440.26 (3m) (c) of the statutes is created to read:

SB90,43,3 440.26 (3m) (c) A former officer, as defined in s. 941.23 (1) (c), to carry a concealed firearm if s. 941.23 (2) (c) 1. to 7. applies.

SB90, s. 46 Section 46. 440.26 (3m) (d) of the statutes is created to read:

SB90,43,7 440.26 (3m) (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), to carry a concealed weapon as permitted under s. 175.60.

SB90, s. 47 Section 47. 813.12 (6) (am) 1. of the statutes is amended to read:

SB90,43,15 813.12 (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. 175.60 (9g) (a).

SB90, s. 48 Section 48. 813.122 (9) (am) 1. of the statutes is amended to read:

SB90,43,22 813.122 (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. 175.60 (9g) (a).

SB90, s. 49 Section 49. 813.125 (5r) (a) of the statutes is amended to read:

SB90,44,5 813.125 (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. 175.60 (9g) (a).

SB90, s. 50 Section 50. 895.527 (5) (a) of the statutes is amended to read:

SB90,44,9 895.527 (5) (a) Section 167.30 (1), 941.20 (1) (d) or 948.605 or any rule promulgated under those sections regulating or prohibiting the discharge of firearms.

SB90, s. 51 Section 51. 938.396 (2g) (n) of the statutes is amended to read:

SB90,44,17 938.396 (2g) (n) Firearms restriction record search or background check. 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. 175.60 (9g) (a).

SB90, s. 52 Section 52. 939.22 (10) of the statutes is amended to read:

SB90,44,25 939.22 (10) "Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; any electric weapon, as defined in s. 941.295 (4) (1c) (a); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

SB90, s. 53 Section 53. 941.23 of the statutes is renumbered 941.23 (2) (intro.) and amended to read:

SB90,45,5 941.23 (2) (intro.) Any person except a peace officer, other than one of the following, who goes armed with carries a concealed and dangerous weapon is guilty of a Class A misdemeanor. Notwithstanding:

SB90,45,8 (a) A peace officer, but notwithstanding s. 939.22, for purposes of this section paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.

SB90, s. 54 Section 54. 941.23 (1) of the statutes is created to read:

SB90,45,10 941.23 (1) In this section:

SB90,45,11 (ag) "Carry" has the meaning given in s. 175.60 (1) (ag).

SB90,45,12 (ar) "Destructive device" has the meaning given in 18 USC 921 (a) (4).

SB90,45,13 (b) "Firearm silencer" has the meaning given in s. 941.298 (1).

SB90,45,15 (c) "Former officer" means a person who served as a law enforcement officer with a law enforcement agency before separating from law enforcement service.

SB90,45,16 (d) "Law enforcement agency" has the meaning given in s. 175.49 (1) (f).

SB90,45,17 (e) "Law enforcement officer" has the meaning given in s. 175.49 (1) (g).

SB90,45,18 (f) "Machine gun" has the meaning given in s. 941.27 (1).

SB90,45,20 (g) "Qualified out-of-state law enforcement officer" means a law enforcement officer to whom all of the following apply:

SB90,45,22 1. The person is employed by a state or local government agency in another state.

SB90,45,23 2. The agency has authorized the person to carry a firearm.

SB90,45,25 3. The person is not the subject of any disciplinary action by the agency that could result in the suspension or loss of the person's law enforcement authority.

SB90,46,2 4. The person meets all standards established by the agency to qualify the person on a regular basis to use a firearm.

SB90,46,3 5. The person is not prohibited under federal law from possessing a firearm.

SB90, s. 55 Section 55. 941.23 (2) (b) of the statutes is created to read:

SB90,46,6 941.23 (2) (b) A qualified out-of-state law enforcement officer. This paragraph applies only if all of the following apply:

SB90,46,7 1. The weapon is a firearm but is not a machine gun or a destructive device.

SB90,46,8 2. The officer is not carrying a firearm silencer.

SB90,46,9 3. The officer is not under the influence of an intoxicant.

SB90, s. 56 Section 56. 941.23 (2) (c) of the statutes is created to read:

SB90,46,12 941.23 (2) (c) A former officer. This paragraph applies only if all of the following apply:

SB90,46,14 1. The former officer has been issued a photographic identification document described in sub. (3) (b) 1. or both of the following:

SB90,46,15 a. A photographic identification document described in sub. (3) (b) 2. (intro.).

SB90,46,18 b. An identification card described in sub. (3) (b) 2. a., if the former officer resides in this state, or a certification described in sub. (3) (b) 2. b., if the former officer resides in another state.

SB90,46,21 2. The weapon is a firearm that is of the type described in a photographic identification document described in subd. 1. (intro.) or a card or certification described in subd. 1. b.

SB90,46,24 3. Within the preceding 12 months, the former 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.

SB90,46,25 4. The weapon is not a machine gun or a destructive device.

SB90,47,1 5. The former officer is not carrying a firearm silencer.

SB90,47,2 6. The former officer is not under the influence of an intoxicant.

SB90,47,4 7. The former officer is not prohibited under federal law from possessing a firearm.

SB90, s. 57 Section 57. 941.23 (2) (d) of the statutes is created to read:

SB90,47,12 941.23 (2) (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the dangerous weapon is a weapon, as defined under s. 175.60 (1) (j). An individual formerly licensed under s. 175.60 whose license has been suspended or revoked under s. 175.60 (14) may not assert his or her refusal to accept a notice of revocation or suspension mailed under s. 175.60 (14) (b) 1. as a defense to prosecution under this subsection, regardless of whether the person has complied with s. 175.60 (11) (b) 1.

SB90, s. 58 Section 58. 941.23 (2) (e) of the statutes is created to read:

SB90,47,16 941.23 (2) (e) An individual who carries a concealed and dangerous weapon, as defined in s. 175.60 (1) (j), in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.

SB90, s. 59 Section 59. 941.23 (3) of the statutes is created to read:

SB90,47,21 941.23 (3) (a) A qualified out-of-state law enforcement officer shall, while carrying a concealed firearm, also have with him or her 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.

SB90,47,23 (b) A former officer shall, while carrying a concealed firearm, also have with him or her one of the following:

SB90,48,5 1. A photographic identification document issued by the law enforcement agency from which the former officer separated that indicates that, within the 12 months preceding the date on which the former officer is carrying the concealed firearm, he or she was tested or otherwise found by that law enforcement agency to meet the standards for qualification in firearms training that that law enforcement agency sets for active duty law enforcement officers to carry a firearm of the same type as the firearm that the former officer is carrying.

SB90,48,7 2. A photographic identification document issued by the law enforcement agency from which the former officer separated and one of the following:

SB90,48,9 a. A certification card issued under s. 175.49 (2), if the former officer resides in this state.

SB90,48,19 b. A certification issued by the state in which the former officer resides, if the former officer resides in another state, that indicates that, within the 12 months preceding the date on which the former officer is carrying the concealed firearm, he or she has been found by the state in which he or she resides, or by a certified firearms instructor if such an instructor is qualified to conduct a firearms qualification test for law enforcement officers in that state, to meet the standards for qualification in firearms training for law enforcement officers to carry a firearm of the type he or she is carrying, that are established by his or her state of residence or, if that state does not establish standards, by any law enforcement agency in his or her state of residence.

SB90,48,21 (c) A person who violates this subsection may be required to forfeit not more than $25.

SB90,48,23 (d) This subsection does not apply to a licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

SB90, s. 60 Section 60. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and amended to read:

SB90,49,1 941.235 (2) (intro.) This section does not apply to peace any of the following:

SB90,49,7 (a) Peace officers or armed forces or military personnel who go armed in the line of duty or to any 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). Notwithstanding s. 939.22 (22), for purposes of this subsection paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.

SB90, s. 61 Section 61. 941.235 (2) (c) of the statutes is created to read:

SB90,49,10 941.235 (2) (c) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

SB90, s. 62 Section 62. 941.235 (2) (d) of the statutes is created to read:

SB90,49,13 941.235 (2) (d) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

SB90, s. 63 Section 63. 941.235 (2) (e) of the statutes is created to read: