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).