WI CCW Statutes

2011 WISCONSIN ACT 35

AN ACT to repeal 941.237 (4) and 948.605 (2) (b) 1., 2., 4., 5. and 7.; to renumber 167.30, 941.295 (1), 943.13 (1e)

(a) and 947.01; to renumber and amend 29.089 (2), 29.091, 29.621 (4), 167.31 (3) (a), 440.26 (3m), 941.23, 941.235

(2), 941.295 (2) (d), 941.295 (4), 943.13 (2), 948.605 (2) (b) 6. and 948.605 (2) (b) 8.; to amend 23.33 (3) (e), 48.685

(2) (bb), 50.065 (2) (bb), 59.54 (6), 66.0409 (3) (b), 165.60, 165.81 (2), 165.82 (1) (intro.), 165.82 (2), 167.31 (1)

(b), 167.31 (2) (a), 167.31 (2) (b), 167.31 (2) (c), 813.12 (6) (am) 1., 813.122 (9) (am) 1., 813.125 (5r) (a), 895.527

(5) (a), 938.396 (2g) (n), 939.22 (10), 941.295 (2) (intro.), 943.13 (1m) (b), 943.13 (3), 947.011 (2) (a) 1., 947.011

(2) (c) 1., 947.011 (2) (d), 948.60 (1), 948.605 (2) (a), 948.605 (2) (b) (intro.), 968.255 (1) (a) 2., 971.37 (1m) (a)

2. and 973.055 (1) (a) 1.; and to create 20.455 (2) (gs), 20.455 (2) (gu), 29.089 (2) (a), 29.089 (2) (b), 29.089 (2) (c),

29.089 (2) (d), 29.091 (2), 29.621 (4) (a), 29.621 (4) (b), 29.621 (4) (c), 29.621 (4) (d), 29.621 (6), 66.0409 (6), 165.25

(12), 167.30 (2), 167.31 (3) (a) 2., 167.31 (4) (at), 175.48, 175.49, 175.60, 440.26 (3m) (a), 440.26 (3m) (b), 440.26

(3m) (c), 440.26 (3m) (d), 941.23 (1), 941.23 (2) (b), 941.23 (2) (c), 941.23 (2) (d), 941.23 (2) (e), 941.23 (3), 941.235

(2) (c), 941.235 (2) (d), 941.235 (2) (e), 941.237 (3) (cr), 941.237 (3) (ct), 941.237 (3) (cx), 941.295 (1c) (b) and (c),

941.295 (2) (d) 2., 941.295 (2g), 941.295 (2r), 943.13 (1e) (aL), 943.13 (1e) (bm), 943.13 (1e) (cm), 943.13 (1e) (g),

943.13 (1e) (h), 943.13 (1m) (c), 943.13 (2) (bm), 946.71, 947.01 (2) and 948.605 (2) (b) 1m. and 1r. of the statutes;

relating to: carrying a concealed weapon; licenses authorizing persons to carry concealed weapons; possessing or

transporting a firearm, bow, or crossbow under certain circumstances; disorderly conduct limitations; photographic

identification cards for former law enforcement officers; providing an exemption from emergency rule procedures;

requiring the exercise of rule−making authority; making appropriations; and providing penalties.

The people of the state of Wisconsin, represented in

senate and assembly, do enact as follows:

SECTION 1. 20.455 (2) (gs) of the statutes is created

to read:

20.455 (2) (gs) Background check for licenses to

carry concealed weapons. The amounts in the schedule

to provide services under s. 175.60. All moneys received

as fee payments under s. 175.60 (7) (c) and (d), (13), and

(15) (b) 4. a. and b. shall be credited to this appropriation.

SECTION 2. 20.455 (2) (gu) of the statutes is created

to read:

20.455 (2) (gu) Certification cards for carrying concealed weapons. All moneys received as fees under s.

175.49 (5m) to verify eligibility of, and to issue certification cards to, former officers seeking to carry concealed

weapons.

SECTION 3. 23.33 (3) (e) of the statutes is amended

to read:

23.33 (3) (e) With any firearm in his or her possession

unless it is unloaded and enclosed in a carrying case or

unless the firearm is a handgun, as defined in s. 175.60 (1)

(bm), or any bow unless it is unstrung or enclosed in a carrying case.

Section 991.11, WISCONSIN STATUTES 2009−10 : Effective date of acts. “Every act and every portion of an act enacted by the legislature over

the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication

as designated” by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].2011 Wisconsin Act 35 − 2 − 2011 Senate Bill 93

SECTION 4. 29.089 (2) of the statutes is renumbered

29.089 (2) (intro.) and amended to read:

29.089 (2) (intro.) Except as provided in sub. (3), no

person may have in his or her possession or under his or

her control a firearm on land located in state parks or state

fish hatcheries unless the firearm is unloaded and

enclosed within a carrying case. This subsection does not

apply to any of the following:

SECTION 5. 29.089 (2) (a) of the statutes is created to

read:

29.089 (2) (a) A person who is employed in this state

by a public agency as a law enforcement officer and to

whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

SECTION 6. 29.089 (2) (b) of the statutes is created to

read:

29.089 (2) (b) A qualified out−of−state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s.

941.23 (2) (b) 1. to 3. applies.

SECTION 7. 29.089 (2) (c) of the statutes is created to

read:

29.089 (2) (c) A former officer, as defined in s.

941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

SECTION 8. 29.089 (2) (d) of the statutes is created to

read:

29.089 (2) (d) A licensee, as defined in s. 175.60 (1)

(d), or an out−of−state licensee, as defined in s. 175.60 (1)

(g), if the firearm is a handgun, as defined in s. 175.60 (1)

(bm).

SECTION 9. 29.091 of the statutes is renumbered

29.091 (1) and amended to read:

29.091 (1) No person may hunt or trap within any

wildlife refuge established under s. 23.09 (2) (b) or

29.621 (1), or, except as provided in sub. (2), have possession or control of any gun, firearm, bow or crossbow

unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow

is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state wildlife refuge boundary lines

shall be marked by posts placed at intervals of not over

500 feet and bearing signs with the words “Wisconsin

Wildlife Refuge”.

SECTION 10. 29.091 (2) of the statutes is created to

read:

29.091 (2) The prohibition in sub. (1), as it relates to

the possession or control of a loaded or unencased gun or

firearm within a refuge established under s. 23.09 (2) (b),

does not apply to any of the following:

(a) A person who is employed in this state by a public

agency as a law enforcement officer and to whom s.

941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

(b) A qualified out−of−state law enforcement officer,

as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b)

1. to 3. applies.

(c) A former officer, as defined in s. 941.23 (1) (c),

to whom s. 941.23 (2) (c) 1. to 7. applies.

(d) A licensee, as defined in s. 175.60 (1) (d), or an

out−of−state licensee, as defined in s. 175.60 (1) (g), if the

gun or firearm is a handgun, as defined in s. 175.60 (1)

(bm).

SECTION 11. 29.621 (4) of the statutes is renumbered

29.621 (4) (intro.) and amended to read:

29.621 (4) PROTECTION. (intro.) Except as provided

in s. 29.091 (1), no owner of a wildlife refuge, and no

other person, may hunt or trap within the boundaries of

any wildlife refuge or have in his or her possession or

under his or her control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is

unloaded, the bow or crossbow is unstrung and the gun,

firearm, bow or crossbow is enclosed within a carrying

case. Nothing in this section may prohibit, prevent or

interfere with the department in the destruction of injurious animals. This subsection, as it relates to the possession or control of a loaded or unencased firearm, does not

apply to any of the following:

SECTION 12. 29.621 (4) (a) of the statutes is created

to read:

29.621 (4) (a) A person who is employed in this state

by a public agency as a law enforcement officer and to

whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

SECTION 13. 29.621 (4) (b) of the statutes is created

to read:

29.621 (4) (b) A qualified out−of−state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s.