STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : DEPARTMENT OF SAFETY AND
DEPARTMENT OF SAFETY AND : PROFESSIONAL SERVICES PROFESSIONAL SERVICES : ADOPTING RULES
: (CLEARINGHOUSE RULE 20-021)
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ORDER
An order of the Department of Safety and Professional Services to amend SPS 33.025, 34.07, and 35.01 (4m); and to create SPS 30.02 (2m) and 34.065, relating to electric weapons.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
Section 227.11 (2) (a), Stats., “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute…” Section 440.26 (1) (b), Stats., “The department may promulgate rules specifying activities in which a person may engage without obtaining a license or permit under this section.” Section 440.26 (3m), Stats., “The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall meet the minimum requirements specified in 15 USC 5902 (b) and shall allow all of the following: (a) A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm if s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies. Related statute or rule: None.
Plain language analysis:
This rule project creates a definition for “electric weapon.” It also specifies that private security credential holders may go armed with an electric weapon if they are permitted to carry a firearm under SPS 34.015 (2) or are exempt from the permit requirement by statute. Further, the rule project clarifies that credential holders carrying an electric weapon under a firearm permit issued by the department, must have the permit on their person while on duty. Finally, several changes are made to bring the text into conformity with current drafting standards, including replacing references to “he or she.”
Summary of, and comparison with, existing or proposed federal regulation:
15 U.S.C. s. 5902 allows armored car crew members to carry a firearm in any state if they meet their state’s requirements to carry a firearm while on duty. Section 440.26 (3m), Stats., requires the department to promulgate rules relating to carrying dangerous weapons that, at a minimum, comply with the federal requirements in 15 U.S.C. s. 5902. Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule: N/A.
Comparison with rules in adjacent states:
Illinois:
Private security and private detective credential holders are required to complete a firearm training course before performing job duties requiring the use, carrying, or possession of a firearm. A credential holder who has passed the required firearm training may be issued a firearm control card by the Department of Financial and Professional Regulation-Division of Professional Regulation. This card allows the credential holder to carry a firearm as well as stun, taser, or tear gas guns. (Ill. Admin. Code 1240.530)
Iowa:
Iowa law allows individuals whose employment reasonably justifies the need to go armed while on duty, including private security and private investigators, to apply for a professional carry permit. (IA § 724.6, Stats.) In order to receive a professional carry permit the individual must complete a firearms training course. (IA Admin Code 661-91.4(1)) Iowa law defines a dangerous weapon as including devices which emit electric current designed to immobilize a person. (IA § 702.7, Stats.)
Michigan:
Michigan law allows the possession and reasonable use of an electro-muscular disruption device by private security officers and private detectives in the course of their official duties so long as the individual has been trained in the use, effects, and risks of the device. (MI § 750.224 (a), Stats.) Minnesota:
