SB 90

This bill creates a licensing system under which an individual is permitted to

carry a concealed weapon. The bill also makes changes in Wisconsin law to account

for a federal law that requires the state to permit an individual who works as or who

formerly worked as a federal, state, tribal, or local law enforcement officer in

Wisconsin or in any other state to carry a concealed firearm. This bill also makes

changes to laws regulating firearms and other weapons.

Current law regarding the possession of weapons

Wisconsin law

In general, under current Wisconsin law, no person may go armed with a

concealed and dangerous weapon. The "going armed with" language includes cases

in which a person is carrying a concealed weapon but has not gone and is not going

anywhere with it and cases in which a weapon is readily accessible to a person in a

car. A person who violates the prohibition may be fined not more than $10,000 or

imprisoned for not more than nine months or both. This prohibition has many

exceptions. First, Wisconsin law provides an exception for law enforcement officers.

Second, under

State v. Hamdan

, 2003 WI 113, 264 Wis. 2d 433, this prohibition is

unconstitutional if applied 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. In

Hamdan

, the court also

indicated that the constitutional right to keep and bear arms for security allows a

person to carry a concealed weapon under certain circumstances in his or her own

home.

Current Wisconsin law also prohibits, with certain exceptions, going armed

with or possessing a firearm in a public building, tavern, state park, or wildlife refuge

or within 1,000 feet of the grounds of a school. In addition, current Wisconsin law

prohibits, with certain exceptions, carrying a firearm, bow, or crossbow in most

vehicles unless the firearm is unloaded and encased or the bow or crossbow is

unstrung and encased. A person who violates one of these prohibitions is subject to

civil or criminal penalties.

Federal law

Under federal law, qualified current law enforcement officers and qualified

former law enforcement officers may carry concealed firearms that have been

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

prohibition.