175.50(1)(b)
(b) "Suspect" means a person suspected of committing a crime.
175.50(2)
(2) Each law enforcement agency shall adopt written policies for using an eyewitness to identify a suspect upon viewing the suspect in person or upon viewing a representation of the suspect. The policies shall be designed to reduce the potential for erroneous identifications by eyewitnesses in criminal cases.
175.50(3)
(3) A law enforcement agency shall biennially review policies adopted under this section.
175.50(4)
(4) In developing and revising policies under this section, a law enforcement agency shall consider model policies and policies adopted by other jurisdictions.
175.50(5)
(5) A law enforcement agency shall consider including in policies adopted under this section practices to enhance the objectivity and reliability of eyewitness identifications and to minimize the possibility of mistaken identifications, including the following:
175.50(5)(a)
(a) To the extent feasible, having a person who does not know the identity of the suspect administer the eyewitness' viewing of individuals or representations.
175.50(5)(b)
(b) To the extent feasible, showing individuals or representations sequentially rather than simultaneously to an eyewitness.
175.50(5)(c)
(c) Minimizing factors that influence an eyewitness to identify a suspect or overstate his or her confidence level in identifying a suspect, including verbal or nonverbal reactions of the person administering the eyewitness' viewing of individuals or representations.
175.50(5)(d)
(d) Documenting the procedure by which the eyewitness views the suspect or a representation of the suspect and documenting the results or outcome of the procedure.
175.50 History
History: 2005 a. 60.
175.50 Annotation
Instituting Innocence Reform: Wisconsin's New Government Experiment. Kruse. 2006 WLR 645.
175.60
175.60
License to carry a concealed weapon. 175.60(1)(ac)
(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.
175.60(1)(b)
(b) "Department" means the department of justice.
175.60(1)(bm)
(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).
175.60(1)(bv)
(bv) "Law enforcement agency" does not include the department.
175.60(1)(d)
(d) "Licensee" means an individual holding a valid license to carry a concealed weapon issued under this section.
175.60(1)(f)
(f) "Out-of-state license" means a valid permit, license, approval, or other authorization issued by another state if all of the following apply:
175.60(1)(f)1.
1. The permit, license, approval, or other authorization is for the carrying of a concealed weapon.
175.60(1)(f)2.
2. The state is listed in the rule promulgated by the department under
s. 165.25 (12m) 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.
175.60 Note
NOTE: The cross-reference to s. 165.25 (12m) was changed from s. 165.25 (12) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 165.25 (12), as created by
2011 Wis. Act 35.
175.60(1)(g)
(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.
175.60(1)(h)
(h) "Photographic identification card" means one of the following:
175.60(1)(h)2.
2. A license or card issued by a state other than Wisconsin that is substantially equivalent to a license or card under
subd. 1.
175.60(1)(i)
(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.
175.60(1)(j)
(j) "Weapon" means a handgun, an electric weapon, as defined in
s. 941.295 (1c) (a), a knife other than a switchblade knife under
s. 941.24, or a billy club.
175.60(2)(a)(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).
175.60(2)(b)
(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.
175.60(2)(c)
(c) Unless expressly provided in this section, this section does not limit an individual's right to carry a firearm that is not concealed.
175.60(2)(d)
(d) For purposes of
18 USC 922 (q) (2) (B) (ii), an out-of-state licensee is licensed by this state.
175.60(2g)
(2g) Carrying a concealed weapon; possession and display of license document or authorization. 175.60(2g)(b)
(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.
175.60(2g)(c)
(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 while the law enforcement officer is acting in an official capacity and with lawful authority.
175.60(2m)
(2m) License document; content of license. 175.60(2m)(a)(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 September 1, 2011.
175.60(2m)(b)
(b) A license document for a license issued under this section shall contain all of the following on one side:
175.60(2m)(b)1.
1. The full name, date of birth, and residence address of the licensee.
175.60(2m)(b)2.
2. A physical description of the licensee, including sex, height, and eye color.
175.60(2m)(bm)
(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.
175.60(2m)(c)
(c) The license document may not contain the licensee's social security number.
175.60(2m)(d)1.1. 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.
175.60(2m)(d)2.
2. The license document 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).
175.60(2m)(e)
(e) The department of justice may contract with the department of transportation to produce and issue license documents 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 license documents other than to the extent necessary to produce or issue the license documents.
175.60(3)
(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:
175.60(3)(a)
(a) The individual is less than 21 years of age.
175.60(3)(b)
(b) The individual is prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.
175.60(3)(e)
(e) The individual is on release under
s. 969.01 and the individual may not possess a dangerous weapon as a condition of the release.
175.60(3)(f)
(f) The individual is not a Wisconsin resident.
175.60(3)(g)
(g) The individual has not provided proof of training as described under
sub. (4) (a).
175.60(4)(a)(a) The proof of training requirement under
sub. (7) (e) may be met by any of the following:
175.60(4)(a)1.
1. A copy of a document, or an affidavit from an instructor or organization that conducted the course or program, that indicates the individual completed any of the following:
175.60(4)(a)1.a.
a. The hunter education program established under
s. 29.591 or a substantially similar program that is established by another state, country, or province and that is recognized by the department of natural resources.
175.60(4)(a)1.b.
b. A firearms safety or training course that is conducted by a national or state organization that certifies firearms instructors.
175.60(4)(a)1.c.
c. A firearms safety or training course that is available to the public and is offered by a law enforcement agency or, if the course is taught by an instructor who is certified by a national or state organization that certifies firearms instructors or by the department, by a technical college, a college or a university, a private or public institution or organization, or a firearms training school.
175.60(4)(a)1.d.
d. A firearms safety or training course that is offered to law enforcement officers or to owners and employees of licensed private detective and security agencies.
175.60(4)(a)1.e.
e. A firearms safety or training course that is conducted by a firearms instructor who is certified by a national or state organization that certifies firearms instructors or who is certified by the department.
175.60(4)(a)2.
2. Documentation that the individual completed military, law enforcement, or security training that gave the individual experience with firearms that is substantially equivalent to a course or program under
subd. 1.
175.60(4)(a)3.
3. A current or expired license, or a photocopy of a current or expired license, that the individual holds or has held that indicates that the individual is licensed or has been licensed to carry a firearm in this state or in another state or in a county or municipality of this state or of another state unless the license has been revoked for cause.
175.60(4)(a)4.
4. Documentation of completion of small arms training while serving in the U.S. armed forces, reserves, or national guard as demonstrated by an honorable discharge or general discharge under honorable conditions or a certificate of completion of basic training with a service record of successful completion of small arms training and certification.
175.60(4)(b)1.1. The department shall certify instructors for the purposes of
par. (a) 1. c. and
e. and shall maintain a list of instructors that it certifies. To be certified by the department as an instructor, a person must meet all of the following criteria:
175.60(4)(b)1.b.
b. Be able to demonstrate the ability and knowledge required for providing firearms safety and training.
175.60(4)(b)2.
2. The department may not require firing live ammunition to meet the training requirements under
par. (a).
175.60(5)(a)(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 September 1, 2011, and shall complete the design of the renewal form no later than July 1, 2014. The forms shall require the applicant to provide only his or her name, address, date of birth, state identification card number, race, sex, height, and eye color and shall include all of the following:
175.60(5)(a)2.
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.
175.60(5)(a)3.
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.
175.60(5)(a)4.
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.
175.60(5)(a)5.
5. A statement of the penalties for intentionally giving a false answer to any question on the application or intentionally submitting a falsified document with the application.
175.60(5)(a)6.
6. A statement of the places under
sub. (16) where a licensee is prohibited from carrying a weapon, as well as an explanation of the provisions under
sub. (15m) and
ss. 943.13 (1m) (c) and
948.605 (2) (b) 1r. that could limit the places where the licensee may carry a weapon, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.
