175.35(2k)(j)2.2. The physically adjacent state allows Wisconsin law enforcement agencies similar or greater access to similar information from that physically adjacent state. 175.35(2L)(2L) The department of justice shall promulgate rules providing for the review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right to purchase a handgun because the firearms dealer received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms restrictions record search review under those rules. If the person disagrees with the results of that review, the person may file an appeal under rules promulgated by the department. 175.35(2t)(2t) This section does not apply to any of the following: 175.35(2t)(a)(a) Transfers of any handgun classified as an antique by regulations of the U.S. department of the treasury. 175.35(2t)(b)(b) Transfers of any handgun between firearms dealers or between wholesalers and dealers. 175.35(2t)(c)(c) Transfers of any handgun to law enforcement or armed services agencies. 175.35(3)(a)(a) Any person who intentionally violates sub. (2), (2f), or (2j) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months. 175.35(3)(b)1.1. Except as provided in subd. 2., a person who intentionally violates sub. (2e) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months. 175.35(3)(b)2.2. A person who violates sub. (2e) by intentionally providing false information regarding whether he or she is purchasing the firearm with the purpose or intent to transfer the firearm to another who the person knows or reasonably should know is prohibited from possessing a firearm under state or federal law is guilty of a Class H felony. The penalty shall include a fine that is not less than $500. 175.35(4)(4) The department of justice or the district attorney may institute, manage, control, and direct, in the proper county, a prosecution for a violation of sub. (2e) that is punishable under sub. (3) (b) 2. When prosecuting such a violation, the department of justice shall have and exercise all powers conferred upon district attorneys. 175.35 Cross-referenceCross-reference: See also ch. Jus 10, Wis. adm. code. 175.35 AnnotationUnder this section, a firearms dealer, as defined in sub. (1) (ar), is subject to certain state and federal requirements when transferring firearms. The defendant in this case, which operated a website that hosted third-party advertisements for the sale and purchase of firearms, was not a firearms dealer under that definition. Because doing so would have contravened the Wisconsin legislature’s judgment on which entities—i.e., firearms dealers—will be held liable for meeting the requirements of state and federal law, a negligence claim was not allowed against the defendant. Webber v. Armslist LLC, 70 F.4th 945 (2023). 175.37175.37 Warning whenever transferring a firearm. 175.37(1)(1) Upon the retail commercial sale or retail commercial transfer of any firearm, the seller or transferor shall provide to the buyer or transferee the following written warning in block letters not less than one-fourth inch in height: “IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A CHILD YOU MAY BE FINED OR IMPRISONED OR BOTH IF THE CHILD IMPROPERLY DISCHARGES, POSSESSES OR EXHIBITS THE FIREARM.” 175.37(2)(2) Any person who violates sub. (1) may be fined not more than $500 or imprisoned for not more than 30 days or both. 175.37 HistoryHistory: 1991 a. 139. 175.38175.38 Enforcement of video gambling law. 175.38(1)(1) In this section, “law enforcement officer” has the meaning given in s. 165.85 (2) (c) but does not include a special agent of the department of revenue. 175.38(3)(3) No law enforcement officer may investigate violations of or otherwise enforce s. 945.05 (1m) unless he or she reasonably believes that the video gambling machine involved may be used in connection with a violation of ch. 945 other than a violation of s. 945.03 (2m) or 945.04 (2m). 175.38 HistoryHistory: 2003 a. 33. 175.40175.40 Arrests; assistance. 175.40(1)(c)(c) “Peace officer” has the meaning specified in s. 939.22 (22), but does not include a commission warden, as defined in s. 939.22 (5). “Peace officer” includes any tribal law enforcement officer who is empowered to act under s. 165.92 (2) (a). 175.40(2)(2) For purposes of civil and criminal liability, any peace officer may, when in fresh pursuit, follow anywhere in the state and arrest any person for the violation of any law or ordinance the officer is authorized to enforce. 175.40(3)(3) For purposes of civil and criminal liability, any peace officer outside his or her territorial jurisdiction acting under sub. (2) is considered to be acting in an official capacity while in fresh pursuit under sub. (2), making an arrest under sub. (2) or transporting a person arrested under sub. (2). 175.40(4)(4) A peace officer whose boundary is a highway may enforce any law or ordinance that he or she is otherwise authorized to enforce by arrest or issuance of a citation on the entire width of such a highway and on the entire intersection of such a highway and a highway located in an adjacent jurisdiction. This subsection does not extend an officer’s jurisdiction outside the boundaries of this state. 175.40(5)(a)(a) For any county having a population of 750,000 or more, if any law enforcement officer has territorial jurisdiction that is wholly or partially within that county and has authority to arrest a person within the officer’s territorial jurisdiction, the officer may arrest that person anywhere in the county. 175.40(5)(b)(b) A law enforcement officer specified in par. (a) has the additional arrest authority under this subsection only if the officer’s law enforcement agency has adopted policies under par. (d) and the officer complies with those policies. 175.40(5)(c)(c) A law enforcement agency in the jurisdiction where a person is arrested under par. (a) is immune from liability for the acts or omissions of any officer of a different law enforcement agency exercising authority under par. (a). 175.40(5)(d)(d) In order to allow its officers to exercise authority under par. (a), a law enforcement agency for a municipality or county must adopt and implement written policies regarding the arrest authority under this subsection, including at least all of the following: 175.40(5)(d)2.2. Arrests made in another jurisdiction if the crime is observed by a law enforcement officer. 175.40(5)(d)3.3. Arrests made in another jurisdiction if the crime is not observed by a law enforcement officer. 175.40(5)(d)4.4. Notification to and cooperation with the law enforcement agency of another jurisdiction regarding investigations conducted and arrests made in the other jurisdiction. 175.40(5)(e)(e) The authority under this subsection is in addition to any other arrest authority, including authority granted under any charter. 175.40(6)(a)(a) A peace officer outside of his or her territorial jurisdiction may arrest a person or provide aid or assistance anywhere in the state if the criteria under subds. 1. to 3. are met: 175.40(6)(a)2.2. The officer is taking action that he or she would be authorized to take under the same circumstances in his or her territorial jurisdiction. 175.40(6)(a)3.3. The officer is acting to respond to any of the following: 175.40(6)(a)3.a.a. An emergency situation that poses a significant threat to life or of bodily harm. 175.40(6)(a)3.b.b. Acts that the officer believes, on reasonable grounds, constitute a felony. 175.40(6)(b)(b) A peace officer specified in par. (a) has the additional arrest and other authority under this subsection only if the peace officer’s supervisory agency has adopted policies under par. (d) and the officer complies with those policies. 175.40(6)(c)(c) For purposes of civil and criminal liability, any peace officer outside of his or her territorial jurisdiction acting under par. (a) is considered to be acting in an official capacity. 175.40(6)(d)(d) In order to allow a peace officer to exercise authority under par. (a), the peace officer’s supervisory agency must adopt and implement written policies regarding the arrest and other authority under this subsection, including at least a policy on notification to and cooperation with the law enforcement agency of another jurisdiction regarding arrests made and other actions taken in the other jurisdiction. 175.40(6m)(a)(a) An off-duty peace officer may arrest a person or provide aid or assistance outside of his or her territorial jurisdiction but in the state if all of the following apply: 175.40(6m)(a)1.1. The officer is responding to an emergency situation that poses a significant threat to life or of bodily harm. 175.40(6m)(a)2.2. The officer is taking action that he or she would be authorized to take under the same circumstances in the officer’s territorial jurisdiction. 175.40(6m)(a)3.3. The officer’s supervising agency has adopted written policies authorizing off-duty officers to make arrests or provide aid or assistance outside of the agency’s territorial jurisdiction but in the state, and the policies at a minimum address all of the following: 175.40(6m)(a)3.c.c. Notification of and cooperation with a law enforcement agency of another jurisdiction regarding arrests made and other actions taken in the other jurisdiction. 175.40(6m)(a)4.4. The officer’s action is in compliance with the policies under subd. 3. 175.40(6m)(b)(b) A supervising agency may limit its officer’s authority to act under this subsection by including limitations in the written policies under par. (a) 3. 175.40(6m)(c)1.1. For purposes of civil and criminal liability and for purposes of s. 895.46, an off-duty peace officer acting outside the officer’s jurisdiction as authorized under this subsection is considered to be acting in an official capacity as an officer of the state, state employee, or agent of the state. 175.40(6m)(c)2.2. For purposes of worker’s compensation under ch. 102, an off-duty peace officer acting outside the officer’s territorial jurisdiction as authorized under this subsection is considered to be an employee of the state and the officer is eligible for the same benefits as if the officer had sustained the injury while performing services growing out of and incidental to the officer’s employment with the employing supervisory agency. 175.40(6m)(c)3.3. An off-duty peace officer acting outside the officer’s territorial jurisdiction as authorized under this subsection is considered to be performing his or her duty and engaging in his or her occupation. 175.40(6m)(c)4.4. By no later than 30 days after the end of each calendar quarter, the department of administration shall submit a report to the joint committee on finance detailing all moneys expended or encumbered from the appropriation account under s. 20.505 (2) (am) during that calendar quarter for costs and judgments under subd. 1. or 2. 175.40(7)(a)1.1. “Federal law enforcement officer” means a person employed full-time by the federal government who may make an arrest with or without a warrant for a violation of the U.S. Code and who may carry a firearm in the performance of the person’s duties. 175.40(7)(b)(b) A federal law enforcement officer, while engaged in the performance of official duties, may do any of the following anywhere in the state: 175.40(7)(b)1.1. Make an arrest for a violation of state law or render aid or assistance if the officer has reasonable grounds for believing that a felony has been or is being committed in his or her presence and has reasonable grounds for believing that the person to be arrested has committed the felony. 175.40(7)(b)2.2. Render assistance to a Wisconsin law enforcement officer in an emergency or at the request of the Wisconsin law enforcement officer. 175.40(7)(c)(c) A federal law enforcement officer acting under par. (b) has any immunity from liability or limit on liability to the same extent as a Wisconsin law enforcement officer. 175.40(7)(d)(d) No federal law enforcement officer, acting solely under the authority under par. (b), may be considered, for liability purposes, as an employee or agent of this state or any Wisconsin law enforcement agency for his or her actions within this state. The federal law enforcement officer is considered as continuing to be an employee of the agency employing him or her. 175.40(7)(e)(e) This subsection does not limit any authority to act that a federal law enforcement officer has under federal law. 175.40 AnnotationA motorist injured while fleeing police was, as matter of law, more negligent than the pursuing officer. Brunette v. Employers Mutual Liability Insurance Co. of Wisconsin, 107 Wis. 2d 361, 320 N.W.2d 43 (Ct. App. 1982). 175.40 AnnotationTo determine whether an officer acts in “fresh pursuit” under sub. (2), three criteria are considered: 1) whether the officer acts without unnecessary delay; 2) whether the pursuit is continuous; and 3) whether the time periods are reasonable. City of Brookfield v. Collar, 148 Wis. 2d 839, 436 N.W.2d 911 (Ct. App. 1989). 175.40 AnnotationSub. (4) permits enforcement of one municipality’s ordinance on the entire width of a boundary highway. City of Brookfield v. Berghauer, 170 Wis. 2d 603, 489 N.W.2d 695 (Ct. App. 1992). 175.40 AnnotationIn addition to issuing a citation for an observed violation, an officer, after observing a traffic violation and pursuing the defendant into another jurisdiction where the stop was made, was entitled to question the defendant beyond the purpose for which the stop was made and to issue citations for other violations when additional suspicious factors came to the officer’s attention during the stop. State v. Haynes, 2001 WI App 266, 248 Wis. 2d 724, 638 N.W.2d 82, 00-3083. 175.40 AnnotationSuppression is not required when a police officer acts without authority outside the officer’s jurisdiction. Suppression is not required except when evidence is obtained in violation of a constitutional right or in violation of a statute providing suppression as a remedy. State v. Keith, 2003 WI App 47, 260 Wis. 2d 592, 659 N.W.2d 403, 02-0583. 175.40 AnnotationMunicipal Police Officers Right to Stop and Arrest in Foreign Jurisdictions. Kershek. Wis. Law. Dec. 1992.
175.403175.403 Trespassing; arrest and removal.
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