Chapter SPS 34
FIREARMS AND OTHER DANGEROUS WEAPONS
SPS 34.01 General conditions relating to carrying a firearm. SPS 34.011 Conditions relating to transporting a loaded firearm in a vehicle. SPS 34.015 Application for a permit to carry a firearm. SPS 34.02 Certificates of proficiency to carry a firearm. SPS 34.03 Initial training requirements for carrying a firearm. SPS 34.04 Approval as a firearms proficiency certifier. SPS 34.05 Agency firearms policy and laws. SPS 34.06 Reporting the discharge of a firearm. SPS 34.065 Electric weapons. SPS 34.07 Other dangerous weapons. SPS 34.08 Replica or facsimile of a firearm. SPS 34.001 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97. SPS 34.002SPS 34.002 Definitions. In addition to definitions under s. SPS 30.02, in this chapter: SPS 34.002 HistoryHistory: CR 14-014: cr. Register August 2014 No. 704, eff. 9-1-14. SPS 34.01SPS 34.01 General conditions relating to carrying a firearm. SPS 34.01(1)(1) No owner or employee of an agency may carry any firearm unless all of the following conditions are met: SPS 34.01(1)(a)(a) The circumstances or conditions of the owner’s or employee’s assignment as a private security person give rise to a substantial need for being armed. SPS 34.01(1)(am)(am) The agency requires the owner or employee to carry a firearm when acting as a private security person. SPS 34.01(1)(b)(b) The client and the agency agree in writing that the agency will assign armed security personnel to the client. SPS 34.01(1)(d)(d) The owner or employee is not prohibited from possessing a firearm under s. 941.29, Stats., or any federal law. SPS 34.01(1)(g)(g) The owner or employee complies with all federal or state laws or local ordinances when carrying a firearm. SPS 34.01(2)(2) Except as provided in subs. (5) to (8), an owner or employee of any agency may not carry any concealed firearm at a time when he or she is on duty. SPS 34.01(3)(3) Except as provided in subs. (5) to (8), a private detective may only carry a firearm when all the conditions in sub. (1) are satisfied. This subsection does not prohibit a private detective from having on, about or near his or her person a firearm that the private detective obtained and is holding as evidence in an investigation. SPS 34.01(5)(5) A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm and if s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3., Stats., applies, may carry on, about, or near his or her person a firearm, concealed or otherwise, when acting as a private detective or private security person, without first obtaining a firearms permit granted by the department. SPS 34.01(6)(6) A person who is a qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), Stats., to carry a concealed firearm and if s. 941.23 (2) (b) 1. to 3., Stats., applies, may carry on, about, or near his or her person a firearm, concealed or otherwise, when acting as a private detective or private security person, without first obtaining a firearms permit granted by the department. SPS 34.01(7)(7) A person who is a former officer, as defined in s. 941.23 (1) (c), Stats., to carry a concealed firearm and if s. 941.23 (2) (c), Stats., applies, may carry on, about, or near his or her person a firearm, concealed or otherwise, when acting as a private detective or private security person, without first obtaining a firearms permit granted by the department. SPS 34.01(8)(8) A person who is a licensee, as defined in s. 175.60 (1) (d), Stats., or an out-of-state licensee, as defined in s. 175.60 (1) (g), Stats., to carry a concealed weapon as permitted under s. 175.60, Stats., may carry on, about or near his or her person a firearm, concealed or otherwise, when acting as a private detective or private security person, without first obtaining a firearms permit granted by the department. SPS 34.01 HistoryHistory: Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. (1) (intro.), (a) to (c), cr. (1) (am), (d) to (g), (3) and (4), r. and recr. (2), Register, December, 1994, No. 468, eff. 1-1-95; am. (1) (intro.), cr. (1) (fm), Register, January, 1997, No. 493, eff. 2-1-97; am. (1) (b) and (d) and cr. (1) (h) and (i), Register, November, 1997, No. 503, eff. 12-1-97; am. (4), Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) (c), (i) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-014: am. (1) (intro.), r. (1) (f), (fm), am. (1) (h), (2), (3), r. (4), cr. (5) to (8) Register August 2014 No. 704, eff. 9-1-14. SPS 34.011SPS 34.011 Conditions relating to transporting a loaded firearm in a vehicle. Except as provided in s. SPS 34.01 (5) to (8), no owner or employee of an agency may transport a loaded firearm in a vehicle; unless all of the following conditions are met: SPS 34.011(1)(1) The firearm is in plain view. In this section “in plain view” means it is visible from ordinary observation to a person outside the vehicle. SPS 34.011 NoteNote: A firearm located in a glove compartment, in a briefcase, under a seat of a vehicle, or covered by the clothing of an occupant, is not “in plain view.”
SPS 34.011(2)(2) If the firearm is a handgun, the owner or employee transports the firearm in a holster which is in plain view. SPS 34.011(3)(3) If the firearm is other than a handgun, the owner or employee transports the firearm in a device inside the vehicle which locks the firearm in position and prevents an unauthorized person from removing the firearm from the locking device and which is in plain view. SPS 34.011 HistoryHistory: Cr. Register, January, 1977, No. 493, eff. 2-1-97; am. (intro.), Register, November, 1997, No. 503, eff. 12-1-97; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-014: am. (intro.) Register August 2014 No. 704, eff. 9-1-14; correction in (intro.) made under s. 13.92 (4) (b) 1., Stats., Register August 2014 No. 704. SPS 34.015SPS 34.015 Application for a permit to carry a firearm. SPS 34.015(1)(1) An agency who applies for a license or permit under ch. SPS 31 shall apply to the department for a permit to authorize any of its owners or employees to carry a firearm when assigned to do so by the agency. SPS 34.015(2)(2) The department may grant a permit to an agency pursuant to sub. (1) if the department has determined that all of the conditions and requirements in ss. SPS 34.01, 34.02, 34.03, and 34.05 have been satisfied by the agency and the owner or employee who will be assigned by the agency to carry a firearm while on duty. SPS 34.015(3)(3) A permit shall only be valid while the owner or employee performs private security services for the agency to which the permit was granted. When an owner or employee transfers employment to another agency, the other agency shall obtain a new permit before requiring or permitting the owner or employee to carry a firearm. SPS 34.015(4)(4) The department may deny an application submitted to it pursuant to sub. (1) or may suspend, limit or revoke a permit which it has granted, 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 34.015(6)(6) The agency shall pay the reasonable costs incurred by the department in obtaining information relating to the eligibility and qualifications of each owner or employee to whom the permit applies, including the reasonable costs of criminal history record searches and if submitted with a license or permit application under ch. SPS 31, shall include costs of finger printing and a U.S. FBI-national instant criminal background check system (NICS) search. SPS 34.015 HistoryHistory: Cr. Register, December, 1994, No. 468, eff. 1-1-95; r. (5), Register, January, 2001, No. 541, eff. 2-1-01; correction in (2), (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-014: am. (title), (1), (2), (6) Register August 2014 No. 704, eff. 9-1-14; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register May 2017 No. 737. SPS 34.02SPS 34.02 Certificates of proficiency to carry a firearm. SPS 34.02(1)(1) Before an agency may receive a permit from the department pursuant to s. SPS 34.015, the owner or employee who will be assigned to carry a firearm while on duty shall obtain a certificate of proficiency in the care, handling and use of a firearm. SPS 34.02 NoteNote: For a copy of Form #467, Firearms Certification of Proficiency-Initial Certification, contact 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 the form from the department’s webpage: http://dsps.wi.gov. SPS 34.02(2)(a)(a) Certification shall be received from a person who is approved as a firearms proficiency certifier by the department under s. SPS 34.04. SPS 34.02(2)(b)(b) The certificate shall be notarized and shall include at least: SPS 34.02(2)(b)1.1. A full and complete description of each type of firearm, the care, handling and use of which the owner or employee is proficient. SPS 34.02(2)(b)2.2. Statements to the effect that the owner or employee has successfully completed the training required in s. SPS 34.03. These statements shall include the date, time of day, the number of hours and the location where the owner or employee completed the training. SPS 34.02(3)(3) A certificate of proficiency shall be valid for one year. An owner or employee shall renew a certificate of proficiency by satisfying the requirements in subs. (1) and (2), except that the training course shall consist of a 6-hour refresher course which more briefly covers the required course contents described in s. SPS 34.03 (1). A person approved as a firearms proficiency certifier under s. SPS 34.04 may satisfy the 6-hour training requirement by conducting the 6-hour refresher course or the 36-hour course under s. SPS 34.03 (1). SPS 34.02(4)(4) An owner or employee who has not obtained a certificate of proficiency under this section at any time during the 5 years preceding the issuance of a permit by the department pursuant to s. SPS 34.015 shall obtain a new certificate by successfully completing the full 36-hour course, as required in s. SPS 34.03. SPS 34.02 HistoryHistory: Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr. Register, December, 1994, No. 468, eff. 1-1-95; am. (3), Register, November, 1997, No. 503, eff. 12-1-97; correction in (1), (2) (intro.), (b), (3), (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-014: (2) (a), (b) renum. from (2) (intro.), am. (3) Register August 2014 No. 704, eff. 9-1-14. SPS 34.03SPS 34.03 Initial training requirements for carrying a firearm. SPS 34.03(1)(1) General requirement. Except as provided in sub. (2), completion of a training program of not less than 36 hours consisting of the following is required as a prerequisite for obtaining an initial certificate of proficiency to carry a firearm under s. SPS 34.02. The training program shall include all of the following: SPS 34.03(1)(a)(a) Instruction in the dangers relating to the use of the firearm, safety rules, care and cleaning of the firearm. SPS 34.03(1)(b)(b) Training in the care, handling and use of the firearm, provided in accordance with the current firearms training guide which the Wisconsin law enforcement standards board has approved for training Wisconsin law enforcement officers. When the Wisconsin law enforcement standards board has approved a new edition of the training guide to replace an older edition, training which is received after the date of which a new edition is approved may be based on the older edition for a period not to exceed 12 months after approval of the new edition by the board. SPS 34.03 NoteNote: The firearms training guide approved by the Wisconsin Law Enforcement Standards Board is available for inspection at the Division of Professional Credential Processing, 1400 East Washington Avenue, Madison, WI or download the guide from the department of justice webpage: http://doj.wi.gov/. SPS 34.03(1)(c)(c) Instruction in the legal use of firearms under the provisions of the Wisconsin criminal code and relevant court decisions. SPS 34.03(1)(d)(d) A presentation stressing the ethical and moral considerations which should be taken into account by any person who uses a firearm.
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Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
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