Summary of Senate Bill 93 – Wisconsin Conceal Carry
Summary of Senate Bill 93 – The PPA
Requires Wisconsin residents to obtain a Wisconsin concealed weapons license to carry concealed in the state. They may not use an out-of-state license.
Specifies that a licensee may carry a handgun concealed or openly. Unlike in some other states, an exposed handgun will not esult in arrest.
Offers liability protections for those who choose not to prohibit the carrying of concealed weapons on their properties.
Specifies that citizens may not be prosecuted for violating local firearms discharge ordinances if they are acting in defense of themselves or others.
Exempts citizens from various statutory prohibitions against the discharge of firearms under certain circumstances if they are acting in defense of themselves or others.
Eliminates the prohibition against the possession of uncased, loaded handguns in vehicles, noncommercial aircraft, boats, and ATVs. This expanded freedom applies to both licensees and non-licensees.
Exempts handguns from the prohibition against a person loading firearms in a vehicle.
Allows non-residents who have concealed weapons licenses issued by any other state to carry in Wisconsin as long as that jurisdiction requires licensees to submit to a criminal background check comparable to that required for a Wisconsin carry license or the person’s license indicates that he or she volunteered for such a background check.
Authorizes DOJ to enter into reciprocity agreements with other states that may require them in order to honor Wisconsin licenses.
Requires concealed weapons licensees to be in possession of their licenses at all times while carrying a concealed weapon off of their own property. In addition, licensees must carry a Wisconsin operator’s license or identification card. Non-residents carrying concealed weapons using an out-of-state license must carry similar forms of identification issued by their state.
Directs licensees to present their licenses to law enforcement officers if the officers are acting in an official capacity and with lawful authority.
Defines “weapon” as a handgun, electric weapon, knife that is not a switchblade or billy club.
Eliminates the requirement that “encased” firearms be enclosed in a case that is “expressly made for the purpose of containing a firearm.” Cases of any kind will now satisfy this requirement.
States explicitly that the new concealed weapons law does not detract from the right of citizens to carry firearms openly without a license.
Creates a criminal penalty for any law enforcement officer who uses excessive force based solely on an individual’s status as a licensee. The penalty is a fine of not more than $500 and imprisonment for not more than 30 days.
Provides for an annual statistical report indicating the number of licenses applied for, issued, denied, suspended and revoked and the reasons for denials, suspensions and revocations.
Allows law enforcement agencies to access the licensee database only to confirm the validity of a license that has been presented by a licensee or to confirm that a person is a licensee if found carrying a concealed weapon and claims to be a licensee. During investigations, law enforcement officers may access the list to determine if an applicant provided false information during the application process or whether a licensee has complied with the requirement to surrender a suspended or revoked license.
Specifies that the state may not make licensee information available to the public except in the context of a prosecution for an offense in which the person’s status as a licensee is relevant.
Exempts licensees from the prohibition against carrying handguns in wildlife refuges, state parks and state fish hatcheries.
Applies the current statutory prohibition against the handling of firearms while impaired to licensees who are carrying concealed weapons. The standard is the same as for those who operate motor vehicles while impaired.
Exempts licensees from the prohibition against possessing a handgun in establishments that serves alcohol for on-premise consumption as long as the licensee is not consuming alcohol.
Clarifies that the general prohibition against the possession of concealed weapons does not apply to people in their own dwelling or place of business or on land that they own, lease or legally occupy. Also, licensees do not need to be in possession of their license while carrying concealed weapons in these locations.
Allows non-licensees to transport electric weapons as long as they are enclosed in a carrying case. This eliminates the existing complete prohibition on transportation.
Provides for the full implementation of the Federal Law Enforcement Officer Safety Act (LEOSA) in Wisconsin.
Prohibits concealed weapons in the following locations:
- Any portion of a building that is a police station, sheriff’s office, state patrol station, or office of the DOJ’s division of criminal investigation;
- Any portion of a building that is a prison, jail, house of correction or secured correctional facility;
- Any secured portion of a mental health institute;
- Any portion of a building that is a county, state or federal courthouse (exceptions for judges, district attorneys and those with written judicial authorization);
- Any portion of a building that is a municipal courtroom if court is in session;
- A place beyond a security checkpoint at an airport.
Summary of Senate Bill 93 compliments of the N.R.A.
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