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SSA2 for SB93. This is what they will be voting on Tuesday 6/14.

Outdoorsman1

Regular Member
Joined
Mar 1, 2011
Messages
1,248
Location
Silver Lake WI
After a quick read of all 60 pages... I am thinking we still have to wait until the "The first day of the 4th month beginning after publication"... to be able to carry loaded in a vehicle...which I do not think is listed in the "except as follows" sections.....

Pg. 60....

SECTION 101.0

Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:

(1) The treatment of sections 66.0409 (6), 165.25 (12), 175.49 (4), 175.60 (2m)
and (5), and 947.01 (2) of the statutes and SECTION 100 (1) and (2) of this act take effecton the day after publication.
End


I hope after someone smarter than me (Paul) is able to study in detail I can be proven wrong...

Outdoorsman1
 
Last edited:

paul@paul-fisher.com

Regular Member
Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
OK, here's my interpretation. Don't forget, I'm not a lawyer and this advice is worth what you paid me for it:

167.31 - car carry of handgun is allowed, discharge of a handgun from a vehicle is allowed if in self-defense.
941.23 - concealed - permit only
948.605 - GFSZ - On school grounds is a class I felony. From border to 1000' without permit is a class b forfeiture. Still refers to the Federal GFSZ for the case, which is unloaded, encased, locked.
941.235 - public buildings - if licensed.
941.237 - Alcohol - if licensed and not drinking.
29.089 - State parks - if licensed.
66.0409 - preemption - Add preemption of discharge of a weapon if in self defense.

In no case do I see a requirement to conceal at any of the locations, so the permit is not just a conceal carry permit but conceal or open carry in 'special' places.

Requirement for reciprocity is that the issuing state either requires background checks or allows background checks and the person who got the permit got a background check (kinda wacky!) Out of state licenses are not honored as licenses by WI for WI residents.

Training:

(4) TRAINING REQUIREMENTS. (a) The proof of training requirement under sub.
(7) (e) may be met by any of the following:
1. A copy of a document, or an affidavit from an instructor or organization that
conducted the course or program, that indicates the individual completed any of the
following:
a. The hunter education program established under s. 29.591 or a substantially
similar program that is established by another state, country, or province and that
is recognized by the department of natural resources.
b. A firearms safety or training course that is conducted by a national or state
organization that certifies firearms instructors.
c. A firearms safety or training course that is available to the public and is
offered by a law enforcement agency or, if the course is taught by an instructor who
is certified by a national or state organization that certifies firearms instructors or
by the department, by a technical college, a college or a university, a private or public
institution or organization, or a firearms training school.
d. A firearms safety or training course that is offered to law enforcement
officers or to owners and employees of licensed private detective and security
agencies.
e. A firearms safety or training course that is conducted by a firearms
instructor who is certified by a national or state organization that certifies firearms
instructors or who is certified by the department.
2. Documentation that the individual completed military, law enforcement, or security training that gave
the individual experience with firearms that is substantially equivalent to a course
or program under subd. 1.
3. A current or expired license, or a photocopy of a current or expired license,
that the individual holds or has held that indicates that the individual is licensed or
has been licensed to carry a firearm in this state or in another state or in a county
or municipality of this state or of another state unless the license has been revoked
for cause.
4. Documentation of completion of small arms training while serving in the
U.S. armed forces, reserves, or national guard as demonstrated by an honorable
discharge or general discharge under honorable conditions or a certificate of
completion of basic training with a service record of successful completion of small
arms training and certification.
(b) 1. The department shall certify instructors for the purposes of par. (a) 1. c.
and e. and shall maintain a list of instructors that it certifies. To be certified by the
department as an instructor, a person must meet all of the following criteria:
a. Be qualified under sub. (3) to carry a concealed weapon.
b. Be able to demonstrate the ability and knowledge required for providing
firearms safety and training.
2. The department may not require firing live ammunition to meet the training
requirements under par. (a).

Please feel free to ask questions and I'll answer if I can.

Don't forget, there are amendments to this that are going to be considered tomorrow so this is not locked in stone.
 
Last edited:

Outdoorsman1

Regular Member
Joined
Mar 1, 2011
Messages
1,248
Location
Silver Lake WI
Paul....

I am thinking we still have to wait until the "The first day of the 4th month beginning after publication"... to be able to carry loaded in a vehicle...which I do not think is listed in the "except as follows" sections.....

Pg. 60....


SECTION 101.0

Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:

(1) The treatment of sections 66.0409 (6), 165.25 (12), 175.49 (4), 175.60 (2m)
and (5), and 947.01 (2) of the statutes and SECTION 100 (1) and (2) of this act take effecton the day after publication.
End

I hope after someone smarter than me (Paul) is able to study in detail I can be proven wrong...

Your thoughts on above and what will take effect "the day after publication"...???

Thanks

Outdoorsman1
 
Last edited:

paul@paul-fisher.com

Regular Member
Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
Paul....



Your thoughts on above and what will take effect "the day after publication"...???

Thanks

Outdoorsman1

OOPS! Basically allowing out of state LEO to carry concealed, allows DOJ to start their process, makes open and concealed carry not disorderly conduct if there is no other crime.

I am hoping one of the amendments that will be offered will make the car carry stuff effective immediately as well. We shall see tomorrow.
 

paul@paul-fisher.com

Regular Member
Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
As is, I believe the changes to 167.31 will take effect the day after publication becasue they have nothing to do with the license part.

Nope

SECTION 101.0Effective dates. This act takes effect on the first day of the 4th
month beginning after publication, except as follows:
(1) The treatment of sections 66.0409 (6), 165.25 (12), 175.49 (4), 175.60 (2m)
and (5), and 947.01 (2) of the statutes and SECTION 100 (1) and (2) of this act take effect
on the day after publication.
(

66.0409(6) -
66.0409 (6) Unless other facts and circumstances that indicate a criminal or
malicious intent on the part of the person apply, no person may be in violation of, or
be charged with a violation of, an ordinance of a political subdivision relating to
disorderly conduct or other inappropriate behavior for loading, carrying, or going
armed with a firearm, without regard to whether the firearm is loaded or is concealed
or openly carried. Any ordinance in violation of this subsection does not apply and
may not be enforced.

165.25 (12) -
165.25 (12) RULES REGARDING CONCEALED WEAPONS LICENSES. Promulgate by
rule a list of states that issue a permit, license, approval, or other authorization to
carry a concealed weapon if the permit, license, approval, or other authorization
requires, or designates that the holder chose to submit to, a background search that
is comparable to a background check as defined in s. 175.60 (1) (ac).

175.49 (4) -
(4) CERTIFICATION CARDS. (a) 1. Subject to pars. (b), (c), and (d) and sub. (3) (a),
the department shall design a certification card to be issued by the department under
sub. (3) (a).
2. Subject to pars. (b), (c), and (d) and sub. (2) (a), each law enforcement agency,
upon a request, shall design a certification card to be issued by the law enforcement
agency under sub. (2) (a).
(b) A certification card shall contain on one side all of the following:
1. The full name, date of birth, and residence address of the person who holds
the certification card.
2. A photograph of the certification card holder and a physical description that
includes sex, height, and eye color.
3. The name of this state.
(c) A certification card shall include a statement that the certification card does
not confer any law enforcement authority on the certification card holder and does not make the certification card holder an employee or agent of the certifying agency
or department.
(d) A certification card may not contain the certification card holder’s social
security number.

175.60 (2m) -
(2m) LICENSE DOCUMENT; CONTENT OF LICENSE. (a) Subject to pars. (b), (bm), (c),
and (d), the department shall design a single license document for licenses issued and
renewed under this section. The department shall complete the design of the license
document no later than the first day of the 2nd month beginning after the effective
date of this paragraph .... [LRB inserts date].
(b) A license document for a license issued under this section shall contain all
of the following on one side:
1. The full name, date of birth, and residence address of the licensee.
2. A physical description of the licensee, including sex, height, and eye color.
3. The date on which the license was issued.
4. The date on which the license expires.
5. The name of this state.
6. A unique identification number for each licensee.
(bm) The reverse side of a license document issued under this section shall
contain the requirement under sub. (11) (b) that the licensee shall inform the
department of any address change no later than 30 days after his or her address
changes and the penalty for a violation of the requirement.
(c) The license document may not contain the licensee’s social security number.
(d) 1. The contents of the license document shall be included in the document
in substantially the same way that the contents of an operator’s license document
issued under s. 343.17 are included in that document.
2. The license document issued under this section shall be tamper proof in
substantially the same way that the operator’s license is tamper proof under s.
343.17 (2).
(e) The department of justice may contract with the department of
transportation to produce and issue license documents under this section. Neither
the department of transportation nor any employee of the department of
transportation may store, maintain, or access the information provided by the
department of justice for the production or issuance of license documents other than
to the extent necessary to produce or issue the license documents.

175.60 (5) -
(5) APPLICATION AND RENEWAL FORMS. (a) The department shall design an
application form for use by individuals who apply for a license under this section and
a renewal form for use by individuals applying for renewal of a license under sub.
(15). The department shall complete the design of the application form no later than
the first day of the 2nd month beginning after the effective date of this paragraph ....
[LRB inserts date], and shall complete the design of the renewal form no later than
the first day of the 36th month beginning after the effective date of this paragraph
.... [LRB inserts date]. The forms shall require the applicant to provide only his or
her name, address, date of birth, state identification card number, race, sex, height,
and eye color and shall include all of the following:
1. A statement that the applicant is ineligible for a license if sub. (3) (a), (b), (c),
(d), (e), (f), or (g) applies to the applicant.
2. A statement explaining self−defense and defense of others under s. 939.48,
with a place for the applicant to sign his or her name to indicate that he or she has
read and understands the statement.
3. A statement, with a place for the applicant to sign his or her name, to indicate
that the applicant has read and understands the requirements of this section.
4. A statement that an applicant may be prosecuted if he or she intentionally
gives a false answer to any question on the application or intentionally submits a
falsified document with the application.
5. A statement of the penalties for intentionally giving a false answer to any
question on the application or intentionally submitting a falsified document with the
application.
6. A statement of the places under sub. (16) where a licensee is prohibited from
carrying a weapon, as well as an explanation of the provisions under sub. (15m) and
ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r. that could limit the places where the licensee
may carry a weapon, with a place for the applicant to sign his or her name to indicate
that he or she has read and understands the statement.
(b) The department shall make the forms described in this subsection available
on the Internet and, upon request, by mail.

947.01 (2) -
947.01 (2) 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.


So.... as of this moment... no car carry for 4 months.
 

duckdog

Regular Member
Joined
Nov 6, 2009
Messages
68
Location
Northern Wisconsin, USA
Lets just hope that Wanggaard keeps his scissor beak shut about the extra manditory training he would like, and hopefully this puppy will pass as is. It could surely get a lot worse real fast. It will be nice when we know for sure.
 
M

McX

Guest
no car carry for 4 months why?
is this in reference to permit car carry? will we get any other car carry option? or will 'free man' ( no permit) carry still be under unloaded encased blah-blah?
 

paul@paul-fisher.com

Regular Member
Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
no car carry for 4 months why?
is this in reference to permit car carry? will we get any other car carry option? or will 'free man' ( no permit) carry still be under unloaded encased blah-blah?

No permit needed for car carry. Still a little fuzzy on the GFSZ without a permit in a car. The reason for 3 months is that the law doesn't take effect for 4 months after the governor signs it.
 
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