175.49(2)(b)3.b.
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.
175.49(2)(b)4.
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 criminal background check system.
175.49(2)(b)5.
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 active law enforcement officers in the state, to meet the standards for qualification in firearms training for active 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.
175.49(3)
(3) Certification of former federal law enforcement officers. 175.49(3)(a)(a) Upon the request of a former federal law enforcement officer and at the expense of the former federal law enforcement officer, the department may, 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:
175.49(3)(a)1.
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.
175.49(3)(a)2.
2. The former federal 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 active law enforcement officers in the state, to meet the standards for qualification in firearms training for active 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.
175.49(3)(a)3.
3. The date on which the finding under
subd. 2. was made and an expiration date that is 12 months later than that date.
175.49(3)(a)4.
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.
175.49(3)(b)
(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:
175.49(3)(b)1.
1. The former federal law enforcement officer separated from service as a law enforcement officer with the law enforcement agency in good standing.
175.49(3)(b)2.
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.
175.49(3)(b)3.a.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.
175.49(3)(b)3.b.
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.
175.49(3)(b)4.
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 criminal background check system.
175.49(3)(b)5.
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 active law enforcement officers in the state, to meet the standards for qualification in firearms training for active 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.
175.49(3)(c)
(c) If, under
par. (a), the department issues a former federal law enforcement officer a certification card, the department shall add the former federal law enforcement officer's information to the list the department maintains under
s. 175.60 (12) (a).
175.49 Cross-reference
Cross-reference: See also ch.
Jus 18, Wis. adm. code.
175.49(4)(a)2.
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).
175.49(4)(b)
(b) A certification card shall contain on one side all of the following:
175.49(4)(b)1.
1. The full name, date of birth, and residence address of the person who holds the certification card.
175.49(4)(b)2.
2. A photograph of the certification card holder and a physical description that includes sex, height, and eye color.
175.49(4)(c)
(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.
175.49(4)(d)
(d) A certification card may not contain the certification card holder's social security number.
175.49(5)
(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.
175.49(5m)
(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) (gr).
175.49(6)(a)(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.
175.49(6)(b)
(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.
175.49(7)
(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.
175.49 History
History: 2011 a. 35;
2013 a. 20,
166,
168.
175.50
175.50
Eyewitness identification procedures. 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.
175.51
175.51
Reports of missing adults at risk. 175.51(1)
(1) In this section, "adult at risk" means an adult who has a developmental disability, who suffers from Alzheimer's disease or dementia, or who suffers from or could, without access to medication, suffer from cognitive impairment if the impairment would likely render the adult incapable of getting to a familiar location without assistance.
175.51(2)
(2) If a law enforcement agency receives a report of a missing adult at risk, the law enforcement agency shall use the form under
s. 165.785 (2m) (a) 1. to disseminate the report using the integrated crime alert network.
175.51 History
History: 2013 a. 264.
175.55
175.55
Use of drones restricted. 175.55(1)(a)
(a) "Drone" means a powered, aerial vehicle that carries or is equipped with a device that, in analog, digital, or other form, gathers, records, or transmits a sound or image, that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. A drone may be expendable or recoverable.
175.55(1)(b)
(b) "Wisconsin law enforcement agency" has the meaning given in
s. 165.77 (1) (c) and includes the department of justice and a tribal law enforcement agency.
175.55(2)
(2) No Wisconsin law enforcement agency may use a drone to gather evidence or other information in a criminal investigation from or at a place or location where an individual has a reasonable expectation of privacy without first obtaining a search warrant under
s. 968.12. This subsection does not apply to the use of a drone in a public place or to assist in an active search and rescue operation, to locate an escaped prisoner, to surveil a place or location for the purpose of executing an arrest warrant, or if a law enforcement officer has reasonable suspicion to believe that the use of a drone is necessary to prevent imminent danger to an individual or to prevent imminent destruction of evidence.
175.55 History
History: 2013 a. 213.
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 (16) 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(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.
