Concealed Carry License Summary by ksks

[davegran]

I have a summary with footnotes, but when I try to post none of the notes copy.
It is in Word. If I email it to someone, can you post it with all the references attached?
ks

Here is what ksks asked me to post. I've tried to preserve his formatting as closely as possible. The references/footnotes/applicable statutes are in light blue and linkable:

Concealed Carry License
Handgun, Knife, Electric Weapon, Billy club
Not a legal document or legal advice

Concealed Weapon1
1) “Weapon” means a handgun, an electric weapon, as defined in s. 941.295
(1c) (a), a knife other than a switchblade knife under s. 941.24, or a Billy club.

1. 941.295 (1c) (intro.) In this section, “Electric weapon” means any device

which is designed, redesigned, used or intended to be used, offensively or
defensively, to immobilize or incapacitate persons by the use of electric
current.


Licensee can carry a concealed weapon
1) Rules shall allow all of the following…2

1. A licensee, as defined in s. 175.60 (1) (d), or an out−of−state licensee, as defined in s. 175.60 (1) (g), to carry a concealed weapon as permitted under s. 175.60.3
   
   1. anywhere in this state except as provided under subs. (15m) and (16) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r.4
   
   

Where I can not carry.

1. Police Station5
2. Sheriff Dept.
3. State Patrol
4. County, State or Federal Courthouse
5. Airport - beyond secured area
6. Prison, jail, HOC, Sand Ridge, WRC, secured portion of MH unit
7. Municipal courtroom when in session
8. Office of Division of Criminal Investigation special agent of DOJ
9. For above,
   
   1. Can keep a weapon in a vehicle in parking facility
   2. They don’t have to post or notify that I can’t carry
   
   
10. On grade school/high school grounds and in buildings
11. Single-family private residence with land.6 Cannot enter or remain in a residence or on its land when the occupant tells you not to enter or remain.

1. Multi family residence.7
   
   1. Cannot enter or remain in that residence if the occupant says NO. Does not apply to common area, or common land.
   2. Cannot enter or remain in the common area or on the grounds if the owner of facility says NO.
   3. Does not apply to the parking area if firearm is in the car.
   4. Occupiers of residence can carry in residence and in common areas even if posted.8
   
   
2. Non-residential building and its land,9 if owner/occupant has given notice not to enter or remain.

(Includes nursing home, CBRF, AFH, residential care apt, and hospice)10

1. 
   
   1. Does not apply to:
      
      1. Buildings, grounds, or land occupied by the State or local govt. (see below)
      2. Privately or publically owned bldg on grounds of a college or university. (see below)
      3. Grounds owned or occupied by a college or university
      4. If in a vehicle, any part of a building, grounds or land used as parking
      
      
   
   
2. Land in General
   
   1. Can not enter or remain on any land of another after having been notified by the owner or occupant not to enter or remain on the premises.11
      
      1. This paragraph does not apply to a licensee or out-of-state licensee if the owner's or occupant's intent is to prevent the licensee or out-of-state licensee from carrying a firearm on the owner's or occupant's land.12
      2. Land - assume it means all real estate not otherwise covered by the law. For SB93 purposes, it does not include land associated with residential buildings, nonresidential buildings, government buildings, special events, prohibited government facilities.
      
      
   
   
3. Special event – an event that is open to the public, is for a duration of not more than 3 weeks, and either has designated entrances to and from the event that are locked when the event is closed, or requires admission.13
   
   1. Does not apply if the handgun is in the vehicle.
   
   
4. Any part of a building that is owned, occupied or controlled by the state or any local govt unit if they notified the person not to enter or remain in the bldg.
   
   1. does not apply
      
      1. If bldg. is already prohibited, e.g. courthouse
      2. To a person who leases residential or business premises in the bldg.
      3. If in a vehicle driven or parked in parking facility.
      
      
   
   
5. University or college, public or private
   
   1. Can not carry in bldgs if posted.
   2. Can carry on grounds without restriction
   3. Does not apply if:
      
      1. Person leases residential or business premises in bldg.
      2. Firearm in vehicle in parking facility
      
      
   
   
6. Federal Property
   
   1. Courthouses and parking lots
   2. Buildings and parking lots
   3. Any building, or part of a building, owned or leased by Federal govt
   4. Federal prisons and parking lots
   5. National cemeteries and parking lots
   6. VA medical centers and parking lots
   7. Military bases
      
      1. Can’t carry but may be able to possess
      
      
   8. Amtrak
      
      1. Can go in checked luggage
      
      
   9. Post office and parking lot
   10. Indian reservations - controlled by the tribe
   11. National Forest
       
       1. 
          
          1. Land - OK to carry if allowed to carry in the State
          2. Cannot carry in buildings
             
             1. Free standing shelters and toilets are OK to carry
             
             
          
          
       
       
   
   

Penalties

1. For 1-8, fine max $500, jail max 30 days, or both14
2. For 12-16, Class B forfeiture
3. For not carrying you license and ID15 - $25, unless you show LEO license and ID within 48 hours

To give notice16
1) A person has received notice from the owner or occupant if he or she has
been notified personally, either orally or in writing, or if the land is posted.

Posting a sign to all above (not needed for single family residence)17

1. Located in a prominent place, with reasonable expectation to be seen
2. Near all entrances
3. Special events posted near all entrances
4. For grounds or land, sign near all probable access points
5. Business or residence sign must be at least 5”x7
6. Land sign must be at least 11 inches square18

Must carry the License and another photo ID when carrying.19

Do I have to show LEO my License?

1. Must display license and photo ID20 to LEO upon request of LEO while acting in an official capacity and with lawful authority.21
   
   1. If caught without, will be fined $25, unless I present both documents to the law enforcement agency within 48 hours.
   
   

Length of License

1. 5 years22

1. DOJ will mail notice 90 days before expiration
2. DOJ must renew within 21 days of receipt of application, statement and fees.
3. Can renew until 90 days after expiration date.

Can my employer stop me from carrying?23

1. Yes, when in the course of the employee’s employment.
2. But, cannot prevent employer from carrying in the employee’s own car, regardless of whether the vehicle is used in the course of employment.24
3. Employer cannot prevent employee from carrying in her/his vehicle driven or parked on employer’s property.

Immunity from liability

1. One who owns or occupies the property and allows others to carry is immune25
2. An employer who does not prohibit employees from carrying is immune26

Disorderly conduct27

1. One can not be charged for loading or carrying, either openly or concealed.
   
   1. “Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried.”
   
   

Can carry open or concealed28


Alcohol, where it is sold and consumed

1. Can carry as long as I don’t drink alcohol

Gun Free School Zone (grades 1-12)

1. Class I felony for possession firearm on grounds or in bldg without special circumstances29
2. Class B forfeiture for possessing a firearm within 1,000 feet of the grounds of a school
   
   1. Without a permit30
   2. Open carry with permit OK in school zone.
   
   

In a vehicle, one can:

1. Vehicle.31
2. Place, possess or transport a handgun in a vehicle.32
3. Load a handgun33
4. Operate ATV while carrying
5. Place, possess or transport a handgun in a motorboat with the motor running.34
6. Place, possess or transport a handgun in a non-commercial aircraft.35
7. Can not carry in a vehicle on some federal land, eg VA hospital

Carry in a State park, a State fish hatchery,36 or a wildlife refuge37

• Yes

Change of address
1) Must notify DOJ within 30 days38

---------------
HOC= House of Correction, Sand Ridge=prison treatment center for sexually violent offenders, WRC= WI Resource Center prison hospital for mental health, secured portion of MH unit=mental health, CBRF=community based residential facility, AFH=adult family home, LEO=law enforcement officer
---------------


http://legis.wisconsin.gov/senate/sen11/news/images/0930_001%20FAQ.pdf


https://docs.legis.wisconsin.gov/2011/related/amendments/sb93/ssa2_sb93

Questions:
Hunting – carrying concealed or open?
- are either legal?

Accidentally entering
What if you miss the sign? Sounds like you can still be fined???

Open or concealed in vehicle.
-does it say that specifically?
-with or without a license?

Where is the alcohol reference?


Footnotes:
1 175.60 (j)

2 440.26 (3m)

3 440.26 (3m)(d)

4 175.60 (2g)(a)

5 175.60(16)

6 943.13 (1m)(c) 1

7 943.13 (1m)(c) 1

8 943.13 (1m)(c) 1m

9 943.13 (1m)(c) 2

10 943.13 (1e)(cm)

11 943.13 (1m)(c) 2

12 943.13 (1m)(b)

13 943.13 (1e)(h)

14 175.60 (17)(ag)

15 175.60(17)(a)

16 943.13 (2)(am)(intro)

17 943.13 (2)(bm) 2.a

18 943.13 (2)(am) 1

19 175.60 (2g)(b)

20 175.60 (1)(h)

21 175.60 (2g)(c)

22 175.60 (15)(a)

23 175.60(15m)(a)

24 175.60 (15m)(b)

25 175.60(21)(b)

26 175.60(21)(c)

27 947.01 (2)

28 947.01 (2)

29 948.605 (2)(a)

30 948.605 (2)(b) 1r

31 167.31 (2)(b)

32 167.31 (2)(b)

33 167.31 (2)(c)

34 167.31 (2)(a)

35 167.31 (3)(a) 2

36 29.089 (2)(d)

37 29.091 (2) (d), and 29.621 (4)(d)

38 175.60 11(a) 3 (b)

[treebound]

Folks here tend to be focused on firearms, but the new legislation also covers knives and electronic devices. One point I don't see discussed is vehicle carry with the specific exclusions or allowances for handguns. I wonder if people realize that this gives a handgun owner more options than a Tazer or knife owner.

I would appreciate clarification on this.

It would also be nice to have clarification on rifle and shotgun carry in a vehicle, which I assume is still under DNR rules where the handguns have been excepted out of the DNR restrictions for the most part relative to in/on vehicle carry.

If my post is out of line for this thread then feel free to delete or relocate my post as needed.

[ksks]

Thanks Dave. Great job!

What I wanted to do is get a quick and easy summary that is in layman's terms.

I would prefer folks keep the comments to just the license issue.

Please proof read and check references.

I would like corrections and recommendations.

When there is a final version that is completely accurate, maybe we can post it in a sticky.

ks

[Lurchiron]

Thanks Dave. Great job!

What I wanted to do is get a quick and easy summary that is in layman's terms.

I would prefer folks keep the comments to just the license issue.

Please proof read and check references.

I would like corrections and recommendations.

When there is a final version that is completely accurate, maybe we can post it in a sticky.

ks

+1 & Thanks

[Cobbersmom]

Not all land on indian reservations is tribal land and the tribes don't have jurisdiction over it. For instance, Lac du Flambeau is approx. 50% tribal and 50% fee land. Fee land being the kind you and I can buy and sell anywhere in the state. The tribe only has jurisdiction over tribal/trust land in Wisconsin on their reservation.

[ksks]

Not all land on indian reservations is tribal land and the tribes don't have jurisdiction over it. For instance, Lac du Flambeau is approx. 50% tribal and 50% fee land. Fee land being the kind you and I can buy and sell anywhere in the state. The tribe only has jurisdiction over tribal/trust land in Wisconsin on their reservation.

This is going to be confusing.
Is there anyway to make it clear?
Too bad tribal lands aren't covered.

[Cobbersmom]

Clear as mud! One could check with the tribal chairman, council or police. You'd probably get three different answers. Up in LdF I know folks have asked about hiking on tribal land and have been told there is no problem. Others in the tribe will tell them they're trespassing.
I wanted to bring this up because someone from another state replied in another thread about reservations having their own jurisdiction, assuming there was no fee land. Guess a person will just have to pay attention. However for driving, I don't see a problem. The roads are public whether owned by the town, county, state or tribe.

[ksks]

How hard would be be to get this to apply to tribal lands? Obviously any variety of other laws apply. I've never been around nor informed of tribal issues to any extent.

[ksks]

OK. So let's critique and correct this summary.

[ksks]

Any more corrections or changes?

Any help would be appreciated. Then maybe it can become a sticky.

[jpm84092]

I agree, LDF is a mix of tribal lands and private property. The WI bill will apply to public right of way land within the tribal boundaries and on private property. However, SB-93 raises new possibilities for the Tribes as Sovereign Nations. With a precedent now in WI law, the Tribes could issue a concealed weapon permit valid on Tribal Lands. This will get complicated because the largest collection of reservations belong to what is legally known as the "Lake Superior Chippewa". (I am a 1/4 Ojibwa and a member of the Bad River Band of Lake Superior Chippewa.) Thus, a Tribal permit may be valid in all the reservations or done band by band. Or, the Tribes could opt to respect the SB-93 law. In point of fact, unless they separately declare it invalid on tribal lands to the DOJ, it would, like so many other WI laws, be valid on Tribal Lands.

The gaming casino in Milwaukee is another can of worms.

[thenewchance]

What will the age requirement be for concealed carry of a weapon? WI Stat. § 948.60 is the only limit on age as far as carrying a firearm, which basically says you have to be 18. I don't see any mention of a minimum age on here. You have to be 21 to buy handgun ammo or a handgun from a FFL, so I know it would be either 18 or 21.

[gdyslin]

Just want to add to the list. Since I know a lot of us are Veterans and go to VA hospitals (this is where I work by the way) there is no carry allowed at any VA hospital or property which includes the parking lots.

[paul@paul-fisher.com]

What will the age requirement be for concealed carry of a weapon? WI Stat. § 948.60 is the only limit on age as far as carrying a firearm, which basically says you have to be 18. I don't see any mention of a minimum age on here. You have to be 21 to buy handgun ammo or a handgun from a FFL, so I know it would be either 18 or 21.

Permits will only be issued by WI if you are 21+.

[thenewchance]

Permits will only be issued by WI if you are 21+.

Alright, thanks.

[LaBomba]

Noble effort, ksks! Here are a few edits that caught my eye:

Non-residential building and its land,9 if owner/occupant has given notice not to enter or remain.
(Includes nursing home, CBRF, AFH, residential care apt, and hospice)10
Does not apply to:
Buildings, grounds, or land occupied by the State or local govt. (see below)
Privately or publically owned bldg on grounds of a college or university. (see below)
Grounds owned or occupied by a college or university
If in a vehicle, a firearm stored/carried in a vehicle that is any part of a building, grounds or land used as parking

Land in General
Can not enter or remain on any land of another after having been notified by the owner or occupant not to enter or remain on the premises.11
This paragraph does not apply to a licensee or out-of-state licensee if the owner's or occupant's intent is to prevent the licensee or out-of-state licensee from carrying a firearm on the owner's or occupant's land.12
Land - assume it means all real estate not otherwise covered by the law. No -- non-residential land is treated exactly like the grounds of a non-residential building. From 193.13 (1m) (c) 2:

"2. While carrying a firearm, enters or remains in any
part of a nonresidential building, grounds of a nonresi-
dential building, or land that the actor does not own or
occupy ..."

(For SB93 purposes, it does not include land associated with residential buildings, nonresidential buildings, government buildings, special events, prohibited government facilities. see above...
Special event – an event that is open to the public, is for a duration of not more than 3 weeks, and either has designated entrances to and from the event that are locked when the event is closed, or requires admission.13
Does not apply if the firearm is in the vehicle.

To give notice16
1) A person has received notice from the owner or occupant if he or she has
been notified personally, either orally or in writing, or if the land is posted.

Posting a sign to all above (not needed for single family residence)17
Located in a prominent place, with reasonable expectation to be seen
Near all entrances
Special events posted near all entrances
For grounds or land, sign near all probable access points
Sign must be at least 5”x7
Land sign must be at least 11 inches square18 That is the requirement for generally posting land as "no trespassing." For posting a weapon prohibition, the signage is the same for non-residential buildings, grounds and land.

Can my employer stop me from carrying?23
Yes, when in the course of the employee’s employment regardless of whether you are on your employer'sproperty, and while off-duty on your employer's premises, except for the vehicle exception noted below.
But, cannot prevent employee from carrying a weapon in the employee’s own car, regardless of whether the vehicle is used in the course of employment, if the employee is a licensee.24
Employer cannot prevent employee from carrying in her/his vehicle driven or parked on employer’s property.

[ksks]

Permits will only be issued by WI if you are 21+.

I'm trying to think...if you are an 18 y/o non WI resident with a license, can you carry?

[ksks]

Thanks for the comments. I will make corrections.
If anyone wants a Word copy of it, PM me and I will email it to you.

ksks

[BROKENSPROKET]

Just want to add to the list. Since I know a lot of us are Veterans and go to VA hospitals (this is where I work by the way) there is no carry allowed at any VA hospital or property which includes the parking lots.

Are VA Hospitals federal buildings?

Anyway, they cannot prohibit firearms that are within the vehicle.

[Shotgun]

I'm trying to think...if you are an 18 y/o non WI resident with a license, can you carry?

You can open carry in places where one can OC without a license, but a non-resident license/permit is subject to the same restrictions as a WI resident license, including the age requirement.

[Shotgun]

Are VA Hospitals federal buildings?

Anyway, they cannot prohibit firearms that are within the vehicle.

They are federal, and yes they can prohibit inside vehicles on federal property. Whether the VA does so, I don't know. Wouldn't be surprised to learn that they do.

[BROKENSPROKET]

They are federal, and yes they can prohibit inside vehicles on federal property. Whether the VA does so, I don't know. Wouldn't be surprised to learn that they do.

That ain't good. I suppose the parking lot of a post office would be the same.

[thenewchance]

I'm trying to think...if you are an 18 y/o non WI resident with a license, can you carry?

175.60(2g)(a)

(2g) Carrying a concealed weapon; possession and display of license document or authorization.
(a) A licensee or an out-of-state licensee may carry a concealed weapon anywhere in this state except as provided under subs. (15m) and (16) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r.


and "out of state licensee" is defined in 175.60(1)(g) as follows:

"Out-of-state licensee" means an individual who is 21 years of age or over, who is not a Wisconsin resident, and who has been issued an out-of-state license.

It's not looking that good so far for that, I don't think somebody under 21 can conceal at all in this state. I myself turn 18 very soon, I probably will open carry as that is legal in WI.



On another note, will a concealed weapon in a vehicle require the driver (vehicle operator) to have a CCW, or just one of the passengers?

[gdyslin]

As I said I work at the VA in Madison...citing Federal law below...and yes this includes the parking areas...

TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF
CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS
PART 1 - GENERAL PROVISIONS
1.218 - Security and law enforcement at VA facilities.

(13) Weapons and explosives. No person while on property shall carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, except for official purposes.

(b) Schedule of offenses and penalties.

(37) Possession of firearms, carried either openly or concealed, whether loaded or unloaded (except by Federal or State law enforcement officers on official business, $500.

Reference-

38 USC Sec. 901

Sec. 901. Authority to prescribe rules for conduct and penalties
for violations

(a)(1) The Secretary shall prescribe regulations to provide for
the maintenance of law and order and the protection of persons and
property on Department property.
(2) In this chapter, the term "Department property" means land
and buildings that are under the jurisdiction of the Department and
are not under control of the Administrator of General Services.
(b) Regulations under subsection (a) shall include -
(1) rules for conduct on Department property; and
(2) the penalties, within the limits specified in subsection
(c), for violations of such rules.

(c) Whoever violates any rule prescribed by regulation under
subsection (b)(1) shall be fined in accordance with title 18 or
imprisoned not more than six months, or both. The Secretary may
prescribe by regulation a maximum fine less than that which would
otherwise apply under the preceding sentence or a maximum term of
imprisonment of a shorter period than that which would otherwise
apply under the preceding sentence, or both. Any such regulation
shall apply notwithstanding any provision of title 18 or any other
law to the contrary.

(d) The rules prescribed under subsection (a), together with the
penalties for violations of such rules, shall be posted
conspicuously on property to which they apply.

(e) The Secretary shall consult with the Attorney General before
prescribing regulations under this section.