SPS 34.04 Note
Note: Form #1912, Application For Approval of Firearms Proficiency Certifier, may be obtained from the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935 or download from the department's webpage:
http://dsps.wi.gov/Licenses-Permits/FirearmsCertifier/FIRECforms.
SPS 34.04(1m)
(1m) A peace officer is not required to file with the department fingerprints under sub.
(5), provided that the peace officer submits with the application for approval a letter from his or her employing law enforcement agency, written not more than one month before the date of the application and stating that the person is currently employed as a peace officer by the law enforcement agency.
SPS 34.04(2)
(2) An applicant for approval as a firearms proficiency certifier shall at the time of application meet all of the following qualifications:
SPS 34.04(2)(a)
(a) The individual shall have received training as a police or security firearms instructor and shall provide evidence of one of the following:
SPS 34.04(2)(a)1.
1. Current approval as a firearms instructor by the Wisconsin law enforcement standards board.
SPS 34.04(2)(a)2.
2. Current certification as a law enforcement firearms instructor by the national rifle association of America, inc.
SPS 34.04(2)(a)3.
3. At any time on or after January 1, 1995, was approved as a firearms instructor by the Wisconsin law enforcement standards board, or certified as a law enforcement firearms instructor, or a substantially equivalent designation, by the national rifle association of America, inc. and has completed a 6-hour firearms instructor refresher course within 12 months before application for approval by the department. The refresher course shall be presented by a regional training school approved by the Wisconsin law enforcement standards board or by a staff instructor in the law enforcement activities division of the national rifle association.
SPS 34.04(2)(a)4.
4. Current certification or approval as a firearms instructor from a school in the Wisconsin technical college system, that certifies or approves firearms instructors in a manner which the department determines achieves equivalency to one of the outcomes prescribed in subds.
1. to
3. SPS 34.04(2)(a)5.
5. Current certification or approval as a firearms instructor from an institution approved by the U.S. department of education, that certifies or approves firearms instructors in a manner which the department determines achieves equivalency to one of the outcomes prescribed in subds.
1. to
3. SPS 34.04(2)(b)
(b) Notwithstanding ss.
111.321,
111.322 and
111.335, Stats., the individual shall not have been convicted of a felony and is not prohibited from possessing a firearm under any state or federal law.
SPS 34.04(4)
(4) The department may deny an application submitted to it pursuant to sub.
(1) or may suspend, limit or revoke an approval granted under this section, if the department determines that the conditions and requirements described in sub.
(2) have not been satisfied or do not continue to be satisfied. The department shall grant a hearing pursuant to ch.
SPS 1 or
2.
SPS 34.04(5)
(5) Except as provided in sub.
(1m), an applicant shall submit to the department two complete and satisfactory sets of fingerprints as specified under s.
SPS 31.03 (1) (b), in order to carry a firearm and the department may obtain a criminal history record search from the Wisconsin department of justice and the federal bureau of investigation relating to the applicant before initially granting a permit for that individual.
SPS 34.04(6)
(6) The applicant shall pay the reasonable costs incurred by the department in obtaining information relating to the eligibility and qualifications of the applicant, including the reasonable costs of criminal history record searches.
SPS 34.04 Note
Note: Form #1912, Application For Approval of Firearms Proficiency Certifier, may be obtained from the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935 or download from the department's webpage:
http://dsps.wi.gov/Licenses-Permits/FirearmsCertifier/FIRECforms.
SPS 34.04(7)
(7) The approval of a firearms proficiency certifier shall expire on December 31 of each even-numbered year, unless the firearms proficiency certifier submits to the department an application for renewal on a form prescribed by the department and is reapproved by the department.
SPS 34.04 History
History: Cr.
Register, October, 1988, No. 394, eff. 11-1-88; r. and recr.
Register, December, 1994, No. 468, eff. 1-1-95; r. (3) and cr. (4), (5) and (6),
Register, November, 1997, No. 503, eff. 12-1-97; cr. (1m), (2) (a) 1., 2., 3., (7), am. (2) (intro.), (b), (5) and (6), renum. (2) (a) to be (2) (a) (intro.),
Register, January, 2001, No. 541, eff. 2-1-01; correction in (1), (4) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671;
EmR1308: emerg. cr. (2) (a) 4., 5., eff. 6-13-13;
CR 13-047: cr. (2) (a) 4., 5.
Register February 2014 No. 698, eff. 3-1-14;
CR 14-014: am. (2) (a) 2., 3., (4) to (7)
Register August 2014 No. 704, eff. 9-1-14.
SPS 34.05
SPS 34.05
Agency firearms policy and laws. SPS 34.05(1)(1)
Each agency shall file with the department a copy of its firearms policy before any of its owners or employees may receive a permit granted by the department pursuant to s.
SPS 34.015 and thereafter within 30 days after any substantial changes to its firearms policy.
SPS 34.05 Note
Note: For filing of an agency's firearms policy, mail the policy to the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935.
SPS 34.05(2)
(2) Each agency shall maintain a current copy of ss.
939.48 and
939.49, Stats., relating to the use of force, and shall make these documents accessible to its owners and employees.
SPS 34.05 History
History: Cr.
Register, October, 1988, No. 394, eff. 11-1-88; am.
Register, December, 1994, No. 468, eff. 1-1-95; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671;
CR 14-014: am.
Register August 2014 No. 704, eff. 9-1-14.
SPS 34.06
SPS 34.06
Reporting the discharge of a firearm. If any owner or employee of an agency is responsible for the accidental or intentional discharge of any firearm other than in target practice, competition, or licensed hunting, or is responsible for the accidental or intentional use of deadly force by any means, the owner or employee shall immediately after the incident notify the local law enforcement agency where the incident took place and inform his or her supervisor of the incident. The supervisor or another person assigned by the agency shall investigate the incident as soon as possible, and shall make a signed, written report of the incident, identifying all persons involved in the incident, the investigator, and the agency, and fully describing the circumstances of the incident. As soon as possible after the investigation is completed, a copy of the report shall be filed with the department and with the local law enforcement agency.
SPS 34.06 History
History: Cr.
Register, October, 1988, No. 394, eff. 11-1-88; am.
Register, December, 1994, No. 468, eff. 1-1-95; am.
Register, August, 1995, No. 476, eff. 9-1-95.
SPS 34.065
SPS 34.065
Electric weapons. An owner or employee of an agency may only be armed with an electric weapon while on duty if the owner or employee of the agency has been issued a permit under s.
SPS 34.015 (2) to carry a firearm, or is exempt from the permit requirement under s.
SPS 34.01 (5) to
(8).
SPS 34.065 History
History: CR 20-021: cr. Register July 2021 No. 787, eff. 8-1-21. SPS 34.07
SPS 34.07
Other dangerous weapons. An owner or employee of an agency may only be armed with a dangerous weapon other than a firearm or electric weapon, which based on their training, they are proficient in handling. The person shall understand the legal limits of force with the weapon, the dangers of misuse of the weapon and the safety rules relating to the weapon. The agency shall, upon request of the department, provide documentation of the training or experience which prepared the person to be proficient in the use of the weapon.
SPS 34.08
SPS 34.08
Replica or facsimile of a firearm. No owner or employee of an agency may, at any time while he or she is on duty, carry on, about, or near the person, concealed or otherwise, an object that looks like a firearm, but is not.
SPS 34.08 History
History: Cr.
Register, December, 1994, No. 468, eff. 1-1-95; am.,
Register, November, 1997, No. 503, eff. 12-1-97;
CR 14-014: am.
Register August 2014 No. 704, eff. 9-1-14.
