Chapter Jus 17

Chapter Jus 17

LICENSES TO CARRY CONCEALED WEAPONS

Jus 17.01   Purpose.

Jus 17.02   Applicability.

Jus 17.03   Definitions.

Jus 17.04   Application procedures for concealed weapon licenses.

Jus 17.05   Training and documentation requirements.

Jus 17.06   Firearms instructors certified by the department.

Jus 17.07   License revocation or suspension.

Jus 17.08   Changes, updates, replacements, or renewals of licenses.

Jus 17.09   Administrative review after denial, suspension, or revocation.

Jus 17.10   Emergency Licenses.

Jus 17.11   Documentation.

Jus 17.12   Fees.

Jus 17.13   Recognition of out-of-state licenses.

Ch. Jus 17 Note Note: Chapter Jus 17 was created by emergency rule EmR1206, effective March 21, 2012, and by emergency rule EmR1217, effective December 15, 2012.

Jus 17.01 Jus 17.01 Purpose. The purpose of this chapter is to establish standards and procedures, as required under s. 175.60, Stats., for the issuance and administration of licenses authorizing persons to carry concealed weapons, the review of licensing decisions by the department, the recognition by Wisconsin of concealed carry licenses issued by other states, and the certification of firearms safety and training instructors.

Jus 17.01 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Jus 17.02 Jus 17.02 Applicability.

Jus 17.02(1) (1) Except as provided in sub. (2), this chapter applies to the issuance and administration of all licenses to carry concealed weapons issued by the department pursuant to s. 175.60, Stats.

Jus 17.02(2) (2) This chapter does not apply to any of the following:

Jus 17.02(2)(a) (a) Certification of former law enforcement officers to carry concealed weapons pursuant to s. 175.49 (2), Stats.

Jus 17.02(2)(b) (b) Certification of former federal law enforcement officers to carry concealed weapons pursuant to s. 175.49 (3), Stats.

Jus 17.02(2)(c) (c) The carrying of concealed weapons by active law enforcement officers pursuant to 18 USC 926B.

Jus 17.02(2)(d) (d) The carrying of concealed weapons by law enforcement officers acting in their official capacity.

Jus 17.02 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Jus 17.03 Jus 17.03 Definitions. In this chapter:

Jus 17.03(1) (1) “Applicant” means an individual applying for a license to carry a concealed weapon pursuant to s. 175.60, Stats., who does not currently hold a valid license and is not applying for replacement or renewal.

Jus 17.03(2) (2) “Approval number” means the unique number the department assigns to an applicant pursuant to s. 175.60 (9g) (a) 3. b., Stats., when a completed background check on the applicant indicates that s. 175.60 (3) (b), (c), (d), and (e), Stats., do not apply to the applicant.

Jus 17.03(3) (3) “Background check” has the meaning given in s. 175.60 (1) (ac), Stats.

Jus 17.03(4) (4) “Confirmation number” means the unique number the department issues pursuant to s. 175.60 (9g) (a) 1., Stats., to identify every accepted application for a license to carry a concealed weapon.

Jus 17.03(5) (5) “Department” means the Wisconsin department of justice.

Jus 17.03(6) (6) “FBI” means the federal bureau of investigation.

Jus 17.03(7) (7) “Firearms safety or training course” means a course of instructor-led training that provides a certificate or affidavit of successful completion that includes the items specified in s. Jus 17.05 (2) (a) and that, at a minimum, instructs on, and practices the student’s comprehension of, firearm safety rules; safe firearm and ammunition use, handling, transport, and storage; legally permissible possession, transportation, and use of firearms, including use of deadly force; and techniques for avoiding and controlling violent confrontations.

Jus 17.03(8) (8) “Instructor-led” means training that is conducted face-to-face individually or in groups with an instructor-student ratio that does not exceed 50 students per instructor and in which instructors actively guide students through each lesson, answer questions, facilitate discussion, and provide feedback on activities and assignments. Learner-led or self-directed learning — the delivery of learning experiences to independent learners who lead and manage their own experience, delivered via web pages, multimedia presentations, computer applications, online presentations, or similar methods — is not instructor-led.

Jus 17.03(9) (9) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b), Stats.

Jus 17.03(10) (10) “License number” means the unique identification number the department assigns to a licensee pursuant to s. 175.60 (2m) (b) 6., Stats., when it issues a license.

Jus 17.03(11) (11) “Licensee” means a person who has been issued a license to carry a concealed weapon under s. 175.60, Stats.

Jus 17.03(12) (12) “National or state organization that certifies firearms instructors” means any association, partnership, corporation, or limited liability company that is registered, certified, or has an appointed agent on file with the department of financial institutions or has equivalent legal recognition in another state; that customarily or regularly provides training and certification for firearms instructors; and that requires its certified instructors to demonstrate the ability and knowledge required to teach a firearms safety or training course, as defined in sub. (7).

Jus 17.03(13) (13) “NICS” means the National Instant Criminal Background Check System of the FBI.

Jus 17.03(14) (14) “Non-approval number” means the unique number the department assigns to an applicant pursuant to s. 175.60 (9g) (a) 3. a., Stats., when a completed background check on the applicant indicates that s. 175.60 (3) (b), (c), (d), or (e), Stats., applies to the applicant.

Jus 17.03(15) (15) “Weapon” has the meaning given in s. 175.60 (1) (j), Stats.

Jus 17.03 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Jus 17.03 Note Note: INITIAL APPLICABILITY. The definition of “Firearms safety or training course” in s. Jus 17.03 (7), the definition of “Instructor-led” in s. Jus 17.03 (8), and the requirements for documenting proof of training in s. Jus 17.05 (2) shall first apply to a firearms safety or training course that commences on June 1, 2013.

Jus 17.04 Jus 17.04 Application procedures for concealed weapon licenses.

Jus 17.04(1) (1) Processing of application. When the department receives an application for a license to carry concealed weapons under s. 175.60 (7), Stats., the department shall do the following in the sequence listed:

Jus 17.04(1)(a) (a) Review the application for completeness. An application is complete when the department has received all of the items listed in s. 175.60 (7) (a) to (e), Stats.:

Jus 17.04(1)(a)1. 1. A completed version of the application form prescribed by the department pursuant to s. 175.60 (5) (a), Stats.

Jus 17.04(1)(a)2. 2. A statement that the information submitted in the application and any supporting documents are true and complete to the best of the applicant’s knowledge.

Jus 17.04(1)(a)3. 3. The license replacement, or renewal fee prescribed in s. Jus 17.12 (1) or (3).

Jus 17.04(1)(a)4. 4. The background check fee prescribed in s. Jus 17.12 (2).

Jus 17.04(1)(a)5. 5. Proof of training, as provided in s. Jus 17.05.

Jus 17.04(1)(am) (am) If an application is complete, the department shall proceed under par. (b). If an application is incomplete, the department shall reject it and shall send written notice of the rejection to the applicant at the residence address provided by the applicant in the application form. The notice of rejection shall explain why the application was found to be incomplete and what must be submitted to complete the application.

Jus 17.04 Note Note: The application form is available on the department’s Internet site: www.doj.state.wi.us/.

Jus 17.04(1)(b) (b) Confirm that the state identification card number submitted by the applicant has been issued to that person by the department of transportation under s. 343.17 (3) (a) 4. or 343.50, Stats., and that the number does not correspond to a driver’s license or state identification card that is either expired or cancelled. If the applicant’s state identification number meets these requirements, the department shall proceed under par. (c). If the applicant’s state identification number does not meet these requirements, the department shall deny the application and proceed under sub. (2).

Jus 17.04(1)(c) (c) Review the application for age and residence eligibility under s. 175.60 (3) (a) and (f), Stats. If the applicant is at least 21 years of age and is a Wisconsin resident, the department shall proceed under par. (d). If the applicant is less than 21 years of age or is not a Wisconsin resident, the department shall deny the application and proceed under sub. (2).

Jus 17.04(1)(d) (d) Review the proof of training submitted by the applicant for compliance with the requirements of s. 175.60 (4) (a), Stats., and s. Jus 17.05. If the proof of training meets all of those requirements, the department shall proceed under par. (e). If the proof of training fails to meet any of those requirements, the department shall deny the application and proceed under sub. (2).

Jus 17.04(1)(e) (e) Enter the application data into the department’s license record keeping system, assign the applicant a confirmation number, and proceed under par. (f).

Jus 17.04(1)(f) (f) Conduct a background check of the applicant pursuant to s. 175.60 (9g), Stats., for the purpose of determining whether issuance of a license to the applicant is prohibited under s. 175.60 (3) (b), (c), (d), or (e), Stats. If issuance of a license is not prohibited under s. 175.60 (3) (b), (c), (d), or (e), Stats., the department shall issue the license, assign a license number to the licensee, and promptly send the license document to the licensee by 1st class mail. If issuance of a license is prohibited under s. 175.60 (3) (b), (c), (d), or (e), Stats., the department shall deny the application and proceed under sub. (2).

Jus 17.04(2) (2) Denial of application. If an application is denied under sub. (1) (b), (c), (d), or (f), the department shall inform the applicant in writing of the denial. The notice of denial shall state the reasons and factual basis for the denial decision. The notice of denial shall also advise the applicant of the right to seek administrative review of the denial decision under s. Jus 17.09 or judicial review under s. 175.60 (14m), Stats. The notice of denial shall be sent to the applicant by a method of shipment that provides confirmation of delivery, including the date of delivery.

Jus 17.04 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13; (1) (am) numbered under s. 13.92 (4) (b) 1., Stats., Register May 2013 No. 689.

Jus 17.05 Jus 17.05 Training and documentation requirements.

Jus 17.05(1) (1) Training documentation to be furnished by applicant. The following forms of documentation shall be accepted by the department as adequate proof of training sufficient to satisfy the training requirements of s. 175.60 (4) (a), Stats., and of this section:

Jus 17.05(1)(a) (a) A certificate or affidavit documenting that the applicant has successfully completed the department of natural resources’ hunter education program or a substantially similar program that is established by another state, country, or province and is recognized by the department of natural resources.

Jus 17.05(1)(b) (b) A certificate or affidavit documenting that the applicant has successfully completed a firearms safety or training course conducted by a national or state organization that certifies firearms instructors. The documentation shall include the items specified in sub. (2) and shall affirm that the organization that conducted the course is an organization that certifies firearms instructors.

Jus 17.05(1)(c) (c) A certificate or affidavit documenting that the applicant has successfully completed a firearms safety or training course that is available to the public and offered by a law enforcement agency. The documentation shall include the items specified in sub. (2) and shall affirm that the course is one that is available to the public.

Jus 17.05(1)(d) (d) A certificate or affidavit documenting that the applicant has successfully completed a firearms safety or training course that is available to the public and offered by a technical college, college, university, private or public institution or organization, or firearms training school. The documentation shall include the items specified in sub. (2), shall affirm that the course was taught by an instructor who is certified either by the department or by a national or state organization that certifies firearms instructors, and shall identify the certifying organization by name.

Jus 17.05(1)(e) (e) A certificate or affidavit documenting that the applicant has successfully completed a firearms training course that is offered to law enforcement officers and is certified by the law enforcement standards board or a certificate from an agency of another state documenting that the applicant has successfully completed substantially equivalent training. The documentation shall include the items specified in sub. (2) except that, notwithstanding the requirements of sub. (2), a copy of an educational transcript of the applicant showing successful completion of the requisite training shall suffice to satisfy this requirement.

Jus 17.05(1)(f) (f) A certificate or affidavit documenting that the applicant has successfully completed a firearms training course that is offered to owners and employees of private detective and security agencies licensed by the department of safety and professional services under s. 440.26, Stats., or a certificate from an agency of another state documenting that the applicant has successfully completed substantially equivalent training. The documentation shall include the items specified in sub. (2).

Jus 17.05(1)(g) (g) A certificate or affidavit documenting that the applicant has successfully completed a firearms safety or training course that is conducted by an instructor who is certified either by the department or by a national or state organization that certifies firearms instructors. The documentation shall include the items specified in sub. (2), shall affirm that the instructor is certified either by the department or by a national or state organization that certifies firearms instructors, and shall identify the certifying organization by name.

Jus 17.05(1)(h) (h) A copy of a current or expired license held by the applicant indicating that the applicant is or has been licensed to carry a firearm in this state, in another state, or in a county or municipality of this state or of another state, provided that the current or expired license has not been revoked for cause. The copy of the current or expired license shall be accompanied by the applicant’s signed affirmation that the current or expired license has not been revoked for cause. This affirmation shall be submitted on an affirmation form that shall be prepared by the department and made available to the public on the department’s Internet site.

Jus 17.05(1)(i) (i) A copy of a DD-214 form, “Certificate of Release or Discharge from Active Duty,” issued by the United States Department of Defense, showing that the applicant has received an honorable discharge or a general discharge under honorable conditions from the United States armed forces, reserves, or national guard after completion of basic or officer training or a certificate of completion of basic or officer training with a service record of successful completion of small arms training and certification.

Jus 17.05(2) (2) Content requirements for training certificate or affidavit.

Jus 17.05(2)(a) (a) A certificate or affidavit supplied by the instructor or organization that is submitted to the department under sub. (1) (b), (c), (d), (e), (f), or (g) for the purpose of documenting that the applicant has successfully completed a firearms safety or training course shall include all of the following information:

Jus 17.05(2)(a)1. 1. The applicant’s name.

Jus 17.05(2)(a)2. 2. The name of the firearms safety or training course.

Jus 17.05(2)(a)3. 3. The date on which the applicant completed the firearms safety or training course.

Jus 17.05(2)(a)4. 4. The name of the instructor who taught the firearms safety or training course to the applicant and the name of the agency or organization that certified the instructor.

Jus 17.05(2)(b) (b) In addition to a certificate or affidavit meeting the requirements of par. (a), the documentation of training submitted by an applicant shall include evidence sufficient to establish that the course completed by the applicant was a firearms safety and training course as defined in s. Jus 17.03 (7). Sufficient evidence shall include one of the following:

Jus 17.05(2)(b)1. 1. A signed statement by the instructor who taught the firearms safety or training course to the applicant affirming that the course completed by the applicant was a firearms safety and training course as defined in s. Jus 17.03 (7).