LRB-0442/1
CMH:wlj:rs
2013 - 2014 LEGISLATURE
April 25, 2013 - Introduced by Representatives Bewley, Bernier, Czaja,
Kleefisch, Smith, Stroebel, Thiesfeldt, Vruwink and Wright, cosponsored
by Senators Lehman, Schultz and L. Taylor. Referred to Committee on
Judiciary.
AB165,1,5
1An Act to amend 175.49 (3) (title), (a) (intro.), 1., 2. and 4., (b) and (c), 175.49
2(5) and 941.23 (3) (b) 2. a.; and
to create 175.49 (1) (em) of the statutes;
3relating to: certification cards to carry concealed weapons for residents of
4Wisconsin who formerly were employed as law enforcement officers in another
5state.
Analysis by the Legislative Reference Bureau
Current law generally prohibits a person from going armed with a concealed
and dangerous weapon. This prohibition has many exceptions, including an
exception for former law enforcement officers who have one of the following: 1) a
photographic identification issued by the law enforcement agency that formerly
employed him or her that indicates that, within the previous 12 months, that agency
found him or her to meet the firearms training standards the law enforcement
agency sets for active law enforcement officers to carry the type of firearm the former
officer is carrying; or 2) both a photographic identification issued by the law
enforcement agency that formerly employed the officer and a certification card
issued in Wisconsin, if the former officer resides in Wisconsin, or a certification card
issued by the state in which the former officer resides. The certification card must
indicate that, within the previous 12 months, the former officer's state of residence,
or a certified firearms instructor if such an instructor may conduct a firearms
qualification test for active law enforcement officers in that state, has found the
former officer to meet the firearms training standards for active law enforcement
officers to carry the type of firearm he or she is carrying. Current law permits a
qualified former law enforcement officer who was employed by a state or local
Wisconsin law enforcement agency to receive a certification card from the law
enforcement agency that employed him or her. Current law permits the Department
of Justice (DOJ) to issue a certification card to a qualified former federal law
enforcement officer who resides in Wisconsin. This bill permits DOJ to issue a
certification card also to a qualified former law enforcement officer who was
employed by a state or local law enforcement agency in another state but who resides
in Wisconsin.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB165,1
1Section
1. 175.49 (1) (em) of the statutes is created to read:
AB165,2,42
175.49
(1) (em) "Former out-of-state law enforcement officer" means a person
3who separated from service as a law enforcement officer at a state or local law
4enforcement agency in a state other than Wisconsin and who resides in Wisconsin.
AB165,2
5Section
2. 175.49 (3) (title), (a) (intro.), 1., 2. and 4., (b) and (c) of the statutes
6are amended to read:
AB165,2,137
175.49
(3) (title)
Certification of former federal and out-of-state law
8enforcement officers. (a) (intro.) Upon the request of a former federal law
9enforcement officer
or a former out-of-state law enforcement officer and at the
10expense of
the former federal that law enforcement officer, the department may,
11except as provided in par. (b), issue the former federal law enforcement officer
or
12former out-of-state law enforcement officer a certification card as described in sub.
13(4) stating all of the following:
AB165,3,214
1. The type of firearm the former federal law enforcement officer
or former
15out-of-state law enforcement officer is certified to carry, but no former federal law
1enforcement officer
or former out-of-state law enforcement officer may be certified
2to carry a machine gun, a firearm silencer, or a destructive device.
AB165,3,93
2. The former federal law enforcement officer
or former out-of-state law
4enforcement officer has been found by the state, or by a certified firearms instructor
5if such an instructor is qualified to conduct a firearms qualification test for active law
6enforcement officers in the state, to meet the standards for qualification in firearms
7training for active law enforcement officers to carry a firearm of the type under subd.
81., that are established by the state or, if the state does not establish standards, by
9any law enforcement agency in the state.
AB165,3,1210
4. That, due to the finding under subd. 2., the former federal law enforcement
11officer
or former out-of-state law enforcement officer is qualified to carry a concealed
12firearm of the type under subd. 1.
AB165,3,1513
(b) The department may not issue
the a former federal law enforcement officer
14or former out-of-state law enforcement officer a certification card under par. (a)
15unless the department first verifies all of the following:
AB165,3,1816
1. The former federal law enforcement officer
or former out-of-state law
17enforcement officer separated from service as a law enforcement officer with the law
18enforcement agency in good standing.
AB165,3,2519
2. The former federal law enforcement officer
or former out-of-state law
20enforcement officer served as a law enforcement officer for an aggregate of at least
2110 years or the former federal law enforcement officer
or former out-of-state law
22enforcement officer separated from law enforcement service due to a
23service-connected disability, as determined by the law enforcement agency from
24which the former
federal law enforcement officer separated, after completing any
25applicable probationary period.
AB165,4,5
13. a. A qualified medical professional employed by the law enforcement agency
2from which the former federal law enforcement officer
or former out-of-state law
3enforcement officer separated has not found the former
federal law enforcement 4officer to be unqualified to be a law enforcement officer for reasons related to the
5former officer's mental health.
AB165,4,106
b. The former federal law enforcement officer
or former out-of-state law
7enforcement officer has not entered into an agreement with the law enforcement
8agency from which he or she separated from service in which the former officer
9acknowledges that he or she is not qualified to be a law enforcement officer for
10reasons related to his or her mental health.
AB165,4,1411
4. The former federal law enforcement officer
or former out-of-state law
12enforcement officer is not prohibited under federal law from possessing a firearm as
13indicated by a search of the transaction information for management of enforcement
14system and the national criminal background check system.
AB165,4,2215
5. The former federal law enforcement officer
or former out-of-state law
16enforcement officer has, during the previous 12 months at his or her own expense,
17been found by the state, or by a certified firearms instructor if such an instructor is
18qualified to conduct a firearms qualification test for active law enforcement officers
19in the state, to meet the standards for qualification in firearms training for active law
20enforcement officers to carry a firearm of the type under par. (a) 1., that are
21established by the state or, if the state does not establish standards, by any law
22enforcement agency in the state.
AB165,5,223
(c) If, under par. (a), the department issues a former federal law enforcement
24officer
or former out-of-state law enforcement officer a certification card, the
1department shall add the former
federal law enforcement officer's information to the
2list the department maintains under s. 175.60 (12) (a).
AB165,3
3Section
3. 175.49 (5) of the statutes is amended to read:
AB165,5,144
175.49
(5) Renewal of certification cards. A person who holds a current
5certification card issued under sub. (2) or (3) may renew the certification card by
6requesting the law enforcement agency or the department, whichever issued the
7current certification card, to renew the certification card at the expense of the person
8holding the card, if, before the date the certification card expires, the law
9enforcement agency verifies sub. (2) (b) 4. and 5. if the certification card holder is a
10former law enforcement officer, or the department verifies sub. (3) (b) 4. and 5. if the
11certification card holder is a former federal law enforcement officer
or former
12out-of-state law enforcement officer, and the certification card holder provides any
13information necessary for the verification. The renewal shall state the date on which
14verification was made and an expiration date that is 12 months later than that date.
AB165,4
15Section
4. 941.23 (3) (b) 2. a. of the statutes is amended to read:
AB165,5,1716
941.23
(3) (b) 2. a. A certification card issued under s. 175.49 (2)
or (3), if the
17former officer resides in this state.
