-- are authorized by the statutes described above and are not based on authority derived from any other statutory or nonstatutory statements or declarations of legislative intent, purpose, findings, or policy;
-- are authorized as necessary interpretations of the specific requirements of Wis. Stat. §§ 175.49 and 175.60 and are not based on authority derived from any other general powers or duties of DOJ; and
-- do not impose any standards or requirements that are more restrictive than the standards and requirements contained in Wis. Stat. §§ 175.49 and 175.60.
For these reasons, the proposed rule changes are authorized by Wis. Stat. § 227.11(2)(a).
4. Estimate of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule:
It is estimated that state employees will spend approximately 40 hours on the rulemaking process for the rules proposed here, primarily for compliance with required rulemaking procedures.
5. Description of all entities that may be impacted by the rule:
The proposed rules governing procedures and standards for the issuance and administration of concealed carry licenses under Wis. Stat. § 175.60 directly affect the interests of all Wisconsin residents who wish to apply for a license to carry a concealed weapon. In addition, the proposed rules also indirectly affect the interest of the general public to the extent that the proper training and licensing of concealed carry licensees generally affects public safety.
The proposed rules governing procedures and standards for the issuance and administration of certification cards under Wis. Stat. § 175.49(3) directly affect the interests of all former federal and non-federal law enforcement officers residing in Wisconsin who wish to apply for such certification. In addition, the proposed rules also indirectly affect the interest of the general public to the extent that the proper firearm certification of former law enforcement officers generally affects public safety.
6. Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:
For persons other than current and former law enforcement officers, the regulation of the carrying of concealed weapons is primarily governed at the state level. Numerous federal statutes and regulations restrict the possession of weapons that have been shipped in interstate commerce, but there are no federal regulations that relate to the licensing of concealed carry by such persons.
For qualified current and former law enforcement officers, state and local laws restricting the carrying of concealed firearms are federally preempted by 18 U.S.C. §§ 926B-926C (commonly referred to as “H.R. 218”). The provisions in 2011 Wis. Act 35 related to qualified current and former law enforcement officers are state-law codifications of the corresponding provisions in H.R. 218. Similarly, the rules proposed here governing procedures and standards for the issuance and administration of concealed carry certification cards for qualified former law enforcement officers will implement corresponding provisions in the federal law. The statement of scope for these emergency rules was approved by the governor on November 24, 2021.
