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Legal Issues Concerning Martial Artist
Key Provisions: WI Concealed Weapons Bill
Taken from the Milwaukee Journal/Sentinel Online Website - Source: Legislative Fiscal Bureau - Originally Posted: Jan. 22, 2004
Some provisions of a bill that would end the state's 130-year-old ban on
concealed weapons:
- Sheriffs in participating counties would be required to issue permits
to those who qualify. Counties could elect not to issue the permits; residents
in those counties would have to go to another sheriff to get the permit.
- A county could avoid the requirement for issuing licenses to qualified
applicants if, within the first four months after the legislation is enacted,
the county approves by a two-thirds vote a sheriff's request allowing
him or her to decline issuing licenses.
- Applicants would have to be state residents at least 21 years old. They
would have to successfully complete an approved firearm training or safety
course. People taking the safety course also would have to receive information
about electric weapons, such as Tasers used by law enforcement officers
- Applicants would be subject to a background check. They could not qualify
if they have been convicted of a violent crime or other specified offenses.
- Background checks would be performed by the Justice Department at the
request of a sheriff.
- Applicants could not have been found mentally incompetent, been committed
to a mental institution or found chemically dependent to qualify.
- Applicants would pay $75 for the license or the costs incurred by the
sheriff in approving the license, whichever is less. They also would have
to pay an additional $38 in fees.
- Those with concealed carry licenses from other states could carry the
weapons here if they were at least 21 years old and completed similar
background checks and training to what is required for Wisconsin residents.
- The license would generally not allow holders to carry concealed weapons
where it is prohibited by federal law or in airports, taverns, schools,
police stations, jails and courthouses.
- License holders also would be prohibited from carrying concealed weapons
into: colleges, universities and technical colleges, including dormitories;
domestic abuse shelters; hospitals, health clinics and health care facilities,
such as nursing homes and abortion clinics; churches, synagogues and other
places of worship; restaurants with liquor licenses; and organized youth
sporting events.
- Homeowners and businesses would be allowed to bar concealed weapons
on their property. Businesses would have to post a sign at least 8.5 inches
by 11 inches near the entrance of the building. Homeowners would have
to personally and orally notify individuals entering the residence of
the prohibition.
- Those with permits and out-of-state licensees could not knowingly carry
a concealed weapon into a building used to provide child care services,
though the facility could elect to opt out of the exemption.
- Those who carry a concealed weapon and have a blood alcohol level of
0.08 % or higher would be subject to a fine of up to $1,000 and 90 days
in jail. Under current law, anyone carrying a weapon while under the influence
is subject to up to nine months in jail and $10,000 in fines.
- Employers could prohibit employees with licenses from carrying concealed
weapons in the course of their job, but they could not ban them from having
them in the business parking lot.
- Applicants could obtain emergency licenses if they felt threatened with
death or great bodily harm by someone else. Those licenses would be valid
for 120 days, and a sheriff could waive the fees for the license.
- Municipalities would have to notify the state Department of Justice
of anyone who has been disqualified from obtaining a license, even if
those people have not applied for one.
- The names of those obtaining a license would not be subject to the state's
Open Records Law.
- Concealed weapons would be defined as a handgun, electric weapon, a
tear gas gun, a knife other than a switchblade or a billy club.