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Senate Bill 93

The passage of SB 93, the conceal carry bill, has put Wisconsin on par with 49 other states who have some form of conceal carry. Legislative Council prepared a memo on the conceal carry legislation– I’ve included portions pertaining to the most frequently asked questions my constituents have contacted my office about.

Can a person from another state carry a concealed weapon in Wisconsin?
Yes, the bill permits out-of-state licensees to carry concealed weapons in Wisconsin under the same restrictions that apply to persons licensed by Wisconsin.

Who is qualified to be issued a license?
Under the bill, the Department of Justice must issue a license to carry a concealed weapon to an individual who submits an application, as required under the bill, unless any of the following applies:
- The individual is less than 21 years of age.
- The individual is prohibited under federal or state law from possessing a firearm.
- The individual has been charged with a misdemeanor or a felony and the court has prohibited the individual from possessing a dangerous weapon as a condition of bail or a condition of release.
- The individual is not a Wisconsin resident.
- The individual has not provided proof of training.

What are the training requirements to receive a license?
In an application for a license, an individual must include proof of having received firearm training. The proof of training requirement may be met by any of the following:
- A copy of a document, or an affidavit from an instructor or organization that conducted the course or program, that indicates that the individual completed any of the following: (a) the hunter education program established by the Department of Natural Resources or a substantially similar program that is established by another state, country, or province and that is recognized by the DNR; (b) a firearms safety or training course that is conducted by a national or state organization that certifies firearms instructors; (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 DOJ, by a technical college, a college or university, a private or public institution or organization, or a firearms training school; (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; or (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 DOJ.
- 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 described above.
- A current or expired license, or a photocopy of a current or expired license, that the individual holds or has held that indicates 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 a cause.
- Documentation of completion of small arms training while serving in the U.S. armed forces 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.

Is DOJ required to conduct a background check on a person applying for a license?
Yes. The bill specifies that the DOJ must conduct a background check by using the Transaction Information for Management of Enforcement System (“TIME system”) an the National Instant Criminal Background Check System (NICS).

Do law enforcement officers have access to information about licensees?
Yes, but they may only access this information under specified circumstances. Specifically, a law enforcement officer may request or be provided information concerning a specific individual only for one of the following purposes:
- To confirm that a license or certification card produced by an individual at the request of a law enforcement officer is valid.
- If an individual is carrying a concealed weapon and claims to hold a valid license or valid certification but does not have his or her license document or certification card, to confirm the individual holds a valid license or certification card.
- To investigate whether an individual complied with requirements to deliver his or her license to DOJ or notify DOJ that the person no longer has possession of his or her license when the individual’s license is revoked.
- A person who violates this provision may be fined not more than $500 or imprisoned for not more than 30 days, or both.

Are there places where a licensee is not permitted to carry a concealed weapon?
Yes. Under the bill, 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 (e.g., a shotgun or rifle) in any of the following places:
- Any portion of building that is a police station, sheriff’s office, state patrol station, or the office of a Division of Criminal Investigation special agent of DOJ.
- Any portion of a building that is a prison, jail, house of correction, or secured correctional facility.
- The Sand Ridge Secure Treatment Center, the Wisconsin Resource Center, or any secured unit or secured portion of a mental health institution, including a facility designated as the Maximum Security Facility at the 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.
- A place beyond a security checkpoint in an airport.
- Anywhere a posted sign prohibiting weapons is displayed.