A copy of the petition shall be served upon the department either personally or by registered or certified mail within 5 days after the individual files his or her petition under par. (b)
The department shall file an answer within 15 days after being served with the petition under par. (c)
. The answer shall include a brief statement of the actions taken by the department. The department shall include with the answer when filed a copy of any documents or records on which the department based its action.
The court shall review the petition, the answer, and any records or documents submitted with the petition or the answer. The review under this paragraph shall be conducted by the court without a jury but the court may schedule a hearing and take testimony.
The court shall reverse the department's action if the court finds any of the following:
That the department failed to follow any procedure, or take any action, prescribed under this section.
That the department erroneously interpreted a provision of law and a correct interpretation compels a different action.
That the department's action depends on a finding of fact that is not supported by substantial evidence in the record.
If the appeal is regarding a denial, that the denial was based on factors other than the factors under sub. (3)
If the appeal is regarding a suspension or revocation, that the suspension or revocation was based on criteria other than those under sub. (14) (a)
The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.
If the court reverses the department's action, the court may order the department to pay the aggrieved individual all court costs and reasonable attorney fees.
Except as provided in par. (e)
and sub. (9r) (b)
, or unless the license is suspended or revoked under sub. (14)
, a license initially issued under this section is valid for a period of 5 years from the date on which the license is issued and a license renewed under this section is valid as follows:
If the license is renewed under this section before or on the expiration date of the license being renewed, the license is valid for 5 years from the expiration date of the license being renewed.
If the license is renewed under this section after the expiration date of the license being renewed, the license is valid for 5 years from the date of renewal.
The department shall design a notice of expiration form. At least 90 days before the expiration date of a license issued under this section, the department shall mail to the licensee a notice of expiration form and a form for renewing the license. The department shall renew the license if, no later than 90 days after the expiration date of the license, the licensee does all of the following:
Submits a renewal application on the form provided by the department.
Submits a statement reporting that the information provided under subd. 1.
is true and complete to the best of his or her knowledge and that he or she is not disqualified under sub. (3)
A renewal fee in an amount, as determined by the department by rule, that is equal to the cost of renewing the license but does not exceed $12. The department shall determine the costs of renewing a license by using a 5-year planning period.
The department shall conduct a background check of a licensee as provided under sub. (9g)
before renewing the licensee's license under par. (b)
The department shall issue a renewal license by 1st class mail within 21 days of receiving a renewal application, statement, and fees under par. (b)
The license of a member of the U.S. armed forces, a reserve unit of the armed forces, or the national guard who is deployed overseas while on active duty may not expire until at least 90 days after the end of the licensee's overseas deployment unless the license is suspended or revoked under sub. (14)
Except as provided in par. (b)
, an employer may prohibit a licensee or an out-of-state licensee that it employs from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee's or out-of-state licensee's employment or during any part of the licensee's or out-of-state licensee's course of employment.
An employer may not prohibit a licensee or an out-of-state licensee, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the licensee's or out-of-state licensee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer.
Except as provided in par. (b)
, neither a licensee nor an out-of-state licensee may knowingly carry a concealed weapon, a weapon that is not concealed, or a firearm that is not a weapon in any of the following places:
Any portion of a building that is a police station, sheriff's office, state patrol station, or the office of a division of criminal investigation special agent of the department.
Any portion of a building that is a prison, jail, house of correction, or secured correctional facility.
Any secured unit or secured portion of a mental health institute under s. 51.05
, including a facility designated as the Maximum Security Facility at Mendota Mental Health Institute.
Any portion of a building that is a county, state, or federal courthouse.
Any portion of a building that is a municipal courtroom if court is in session.
The prohibitions under par. (a)
do not apply to any of the following:
A weapon in a vehicle driven or parked in a parking facility located in a building that is used as, or any portion of which is used as, a location under par. (a)
A weapon in a courthouse or courtroom if a judge who is a licensee is carrying the weapon or if another licensee or out-of-state licensee, whom a judge has permitted in writing to carry a weapon, is carrying the weapon.
A weapon in a courthouse or courtroom if a district attorney, or an assistant district attorney, who is a licensee is carrying the weapon.
Any person who violates sub. (2g) (b)
may be required to forfeit not more than $25, except that the person shall be exempted from the forfeiture if the person presents to the law enforcement agency that employs the requesting law enforcement officer, within 48 hours, his or her license document or out-of-state license, photographic identification, and, if pertinent, military license.
Any person who violates sub. (2m) (e)
, or (12g)
may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both.
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.
Any person who violates sub. (16)
may be fined not more than $500 or imprisoned for not more than 30 days or both.
An instructor of a training course under sub. (4) (a)
who intentionally submits false documentation indicating that an individual has met the training requirements under sub. (4) (a)
may be prosecuted for a violation of s. 946.32
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.
(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.
(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.
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.
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.
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.
A person providing a firearms training course in good faith is immune from liability arising from any act or omission related to the course if the course is one described in sub. (4) (a)
See also ch. Jus 17
, Wis. adm. code.
This section preempts a municipality's authority to restrict a licensee's right to carry concealed weapons on the municipality's buses so long as the licensee complies with the requirements of this section. Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19
, 373 Wis. 2d 543
, 892 N.W.2d 233
A conviction for disorderly conduct under s. 947.01 (1) is not a misdemeanor crime of domestic violence under federal law, and therefore does not disqualify a person from holding a license to carry a concealed weapon under sub. (3) (b). 18 USC 921 (a) (33) (A) (ii) requires that the misdemeanor have as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon. The crime of disorderly conduct defined in s. 947.01 (1) is a single indivisible crime that does not require the use or attempted use of physical force or the threatened use of a deadly weapon as an element, even if that conduct could serve as the basis for a disorderly conduct conviction. Doubek v. Kaul, 2022 WI 31
, 401 Wis. 2d 575
, 973 N.W.2d 756
Wisconsin's Concealed Carry Law: Protecting Persons and Property. Hinkston. Wis. Law. July 2012.
Law enforcement agency employment files.
Each Wisconsin law enforcement agency, as defined in s. 165.85 (2) (bv)
, shall keep an employment file, as defined in s. 165.85 (2) (ap)
, for each person the agency employs.
History: 2021 a. 82