SB 377

This bill makes certain changes in Wisconsin law to account for a federal law

that requires the state to permit an individual who works as, or who has retired from

working as, a federal, state, tribal, or local law enforcement officer in Wisconsin or

in any other state to carry a concealed firearm under certain circumstances.

Current state and federal law regarding concealed weapons

Wisconsin law specifies that, in general, no person may go armed with a

concealed firearm or any other concealed, dangerous weapon. This prohibition,

however, does not apply to peace officers, such as local, state, tribal, or federal law

enforcement officers. In addition, under

State v. Hamdan

, 2003 WI 113, 264 Wis. 2d

433, it is unconstitutional to apply this prohibition to a person carrying a concealed

weapon at his or her own business when: 1) the person's interest in carrying a

concealed weapon substantially outweighs the state's interest in enforcing the

concealed weapons law; 2) the person has no other reasonable means to keep and

handle the weapon; and 3) the person is not motivated by an unlawful purpose in

concealing it. The

Hamdan

court also indicated that the constitutional right to keep

and bear arms for security must permit a person to carry a concealed weapon under

certain circumstances in his or her own home.

In addition, federal law prohibits the state from barring certain active duty or

retired law enforcement officers from carrying concealed firearms. Under federal

law, qualified law enforcement officers and qualified retired law enforcement officers

who meet certain specified requirements may carry concealed firearms that have

been shipped or transported in interstate or foreign commerce, regardless of any

prohibition imposed under state law.

Federal law specifies the criteria that a person must meet to be a qualified law

enforcement officer or a qualified retired law enforcement officer. To be the former,

a person must 1) be employed by a government agency; 2) be a "law enforcement

officer," defined under federal law as a person "authorized by law to engage in or

supervise the prevention, detection, investigation, or prosecution of, or the

incarceration of any person for, any violation of law, and has statutory powers of

arrest"; 3) be authorized by the agency to carry a firearm; 4) not be the subject of any

disciplinary action by the agency; 5) not be under the influence of alcohol or another

drug; 6) not be prohibited under federal law from possessing a firearm; and 7) meet

all standards, if any, established by the agency to qualify the person on a regular

basis to use a firearm. For a person to be a qualified retired law enforcement officer,

all of the following must apply: 1) the person retired in good standing from service

with a government agency as a law enforcement officer, other than for reasons of