SB 169

Current law generally prohibits an individual from carrying a concealed

weapon unless the individual has a license to carry a concealed weapon that is issued

by the Department of Justice or unless the individual has a law enforcement

identification card indicating that he or she is a qualified current or former law

enforcement officer. This bill eliminates the general prohibition against going armed

with a concealed weapon without regard to licensure status.

This bill also eliminates current law prohibitions against carrying firearms in

specified places, but retains the current law that allows certain persons to post

buildings and grounds so that individuals who carry a firearm in violation of the

posting commit trespass. For instance, this bill eliminates the prohibition on

carrying a firearm on school grounds and, for persons without a license to carry a

concealed weapon, in a school zone. Instead, this bill allows schools to post their

buildings and grounds under the trespassing laws. An individual who violates the

trespassing provision is guilty of a Class C misdemeanor if the individual is in a

posted school building and a Class B forfeiture if the individual is on the posted

grounds of a school.

Likewise, the bill eliminates the general prohibition against carrying a firearm

in other buildings, such as a police station, a house of correction, or a secure mental

health facility, but allows the appropriate governmental entity to post the buildings

against carrying a firearm. This bill also eliminates the prohibitions against

carrying a firearm, bow, or crossbow in a wildlife refuge and eliminates the

prohibitions against carrying a firearm, bow, or crossbow while engaging in certain

activities, such as operating an all-terrain vehicle. In addition, current law prohibits

an individual from shining wildlife while the individual is hunting or possessing a

firearm, bow and arrow, or crossbow. This bill maintains that the individual may not

shine wildlife while hunting but eliminates the prohibition on shining while

possessing a firearm, bow and arrow, or crossbow.

The federal gun-free school zone law generally prohibits the possession of a

firearm in a school zone but exempts an individual who is licensed to possess a

firearm by the state in which the school zone is located if the license involves a

background check on the individual. For purposes of being able to possess a firearm

in a school zone under federal law, as well as for purposes of being allowed to carry

a firearm in other states that require licensure, this bill maintains the license to

carry a concealed weapon and the law enforcement identification cards. This bill

makes two modifications to the process to obtain a new license to carry a concealed

weapon. First, under this bill, DOJ may issue a license to an applicant who is not

a Wisconsin resident; under current law, only a resident may be issued a license.

Second, although current law requires proof of completing a training program for a

license, under this bill, if an otherwise qualified applicant does not provide proof of

completing a training program, DOJ must issue the applicant a license that indicates