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 or former out-of-state law enforcement officer separated has not found the former 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 or former out-of-state 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 or former out-of-state 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 or former out-of-state 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 or former out-of-state law enforcement officer a certification card, the department shall add the former 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) (4)Certification cards.
175.49(4)(a)1.1. 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).
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)(b)3. 3. The name of this state.
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 its successor agency, if the card was issued under sub. (2), or the department, if the card was issued under sub. (3), 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 or former out-of-state 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) (6)Immunity.
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; 2015 a. 68, 197.
175.50 175.50 Eyewitness identification procedures.
175.50(1)(1)In this section:
175.50(1)(a) (a) “Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
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 and veterans at risk and of hit-and-run incidents.
175.51(1m)(1m)
175.51(1m)(a) (a) In this subsection, “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(1m)(b) (b) 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(1v) (1v)
175.51(1v)(a)(a) In this subsection, “veteran at risk" means a veteran or an active-duty member of the armed forces, the national guard, or the military reserve forces of the United States who is known, based on the information provided by the person making the report, to have a physical or mental health condition that is related to his or her service.
175.51(1v)(b) (b) If a law enforcement agency receives a report of a missing veteran at risk that is provided within 72 hours of the individual's disappearance, the law enforcement agency shall use the form under s. 165.785 (2m) (a) 1. and the integrated crime alert network to disseminate the report as soon as practically possible if the law enforcement agency determines that all of the following apply:
175.51(1v)(b)1. 1. There is reason to believe that the veteran at risk is missing due to his or her physical or mental health condition.
175.51(1v)(b)2. 2. There is sufficient information available to disseminate that could assist in locating the missing veteran.
175.51(2m) (2m)If a law enforcement agency receives a report of a violation of s. 346.67 or 346.70 (1), the law enforcement agency shall disseminate the report through the integrated crime alert network if the law enforcement agency determines that all of the following conditions are met.
175.51(2m)(a) (a) A person has been killed due to the accident that is related to the violation.
175.51(2m)(b) (b) The law enforcement agency has additional information that could help identify the person who has allegedly committed the violation or the vehicle involved in the violation.
175.51(2m)(c) (c) An alert could help avert further harm or aid in apprehending the person who allegedly committed the violation.
175.51 History History: 2013 a. 264; 2015 a. 315; 2017 a. 175.
175.55 175.55 Use of drones restricted.
175.55(1)(1)In this section:
175.55(1)(a) (a) “Drone" has the meaning given in s. 114.105 (1) (a).
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; 2017 a. 322.
175.60 175.60 License to carry a concealed weapon.
175.60(1)(1)Definitions. In this section:
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)(ag) (ag) “Carry" means to go armed with.
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. 941.25 (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)(c) (c) “Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
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)(dm) (dm) “Military resident" means an individual who is in active service in the U.S. armed forces and is stationed in this state for a term that is scheduled to be at least one year in duration.
175.60(1)(e) (e) “Motor vehicle" has the meaning given in s. 340.01 (35).
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)1. 1. An operator's license issued under ch. 343 or an identification card issued under s. 343.50.
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 one of the following:
175.60(1)(i)1. 1. The unique identifying driver number assigned to a Wisconsin resident by the department of transportation under s. 343.17 (3) (a) 4. or, if the Wisconsin resident has no driver number, the number assigned to the Wisconsin resident on an identification card issued under s. 343.50.
175.60(1)(i)2. 2. The unique identifying driver number assigned to a military resident by the military resident's state or, if the military resident has no driver number, the number assigned to the military resident on an identification card issued by the military resident's state.
175.60(1)(j) (j) “Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (1c) (a), or a billy club.
175.60(2) (2)Issuance and scope of license.
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)(a) (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 948.605 (2) (b) 1r.
175.60(2g)(b)1.1. Unless the licensee is carrying a concealed weapon in a manner described under s. 941.23 (2) (e), a licensee shall have with him or her, during all times he or she is carrying a concealed weapon, his or her license document, photographic identification card, and, if the licensee is a military resident, his or her military license.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 18 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on October 1, 2019. Published and certified under s. 35.18. Changes effective after October 1, 2019, are designated by NOTES. (Published 10-1-19)