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REFERENCES: Revised WI Statutes Incorporating 2011 Act 35, New DOJ FAQ

LaBomba

Regular Member
Joined
Jul 17, 2011
Messages
118
Location
Tosa
REFERENCES: WI Statutes, Rules and FAQs

2011 WI Act 35 has been incorporated into Wisconsin's statutes. You can now see the new law's provisions integrated into the pre-existing law, with pre-existing definitions that apply to the new language and effective dates inserted. IMPORTANT: The publication of the updated statute DOES NOT change the effective date, which is Nov. 1rst for most provisions related to concealed carry. Read the NOTES embedded in the statutes for confirmation of effective dates and other goodies. Hope this comes in handy for you --

DEPT. OF JUSTICE EMERGENCY RULES
http://www.doj.state.wi.us/dles/cib...17-18-1713-20111020.pdf#nameddest=firearmsafe

DEPT. OF JUSTICE CONCEALED CARRY WEB PAGES
http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ConcealedCarry.asp

2011 WI ACT 35:
http://legis.wisconsin.gov/2011/data/acts/11Act35.pdf

STATUTES:
Revised WI Chapter 175, including Concealed Carry License Law:
http://legis.wisconsin.gov/statutes/Stat0175.pdf

Revised WI Chapter 29, including hunting and state land provisions:
http://legis.wisconsin.gov/statutes/Stat0029.pdf

Revised WI Chapter 167, including safe use and transportation and discharge near parks:
http://legis.wisconsin.gov/statutes/Stat0167.pdf

Revised WI Chapter 941, including handguns where alcohol is sold, firearms in public buildings, prohibition on carrying concealed for non-licensees:
http://legis.wisconsin.gov/statutes/Stat0941.pdf

Revised WI Chapter 943, including trespass laws, property owner rights, and notification requirements for prohibiting weapons:
http://legis.wisconsin.gov/statutes/Stat0943.pdf

Revised WI Chapter 948, including GFSZ:
http://legis.wisconsin.gov/statutes/Stat0948.pdf

UPDATED DOJ FAQ: I noticed that the DOJ FAQ was revised Aug. 2nd. It may be revised again. Access the most recent version here: http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ccw_frequently_asked_questions.pdf

DNR FAQ:
http://dnr.wi.gov/org/es/enforcement/concealed_carry_q&a.htm
 
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davegran

Regular Member
Joined
May 1, 2009
Messages
1,563
Location
Cassville Area -Twelve Miles From Anything, Wiscon
2011 WI Act 35 has been incorporated into Wisconsin's statutes....Hope this comes in handy for you --

....
Something I've been wondering about ever since I read it,
What is required to apply for a license?
All of the following:

1. A completed application form. Wis. Stat. § 175.60(7)(a).

2. A statement that the information provided in the application and any
document submitted with the application is true and complete to the best of
the applicant’s knowledge. Wis. Stat. § 175.60(7)(b).


3. A license fee in an amount to be determined by DOJ, but not to exceed $37.
Wis. Stat. § 175.60(7)(c).

4. A fee for a background check. Currently, that fee is $13. Wis. Stat.
§ 175.60(7)(d)

5. Proof of training. Wis. Stat. § 175.60(7)(e).
Are we supposed to compose our own statement or is DOJ going to supply us with one to sign along with the application form?
 

Shotgun

Wisconsin Carry, Inc.
Joined
Aug 23, 2006
Messages
2,668
Location
Madison, Wisconsin, USA
Something I've been wondering about ever since I read it, Are we supposed to compose our own statement or is DOJ going to supply us with one to sign along with the application form?

I would expect that when DOJ designs the application form we'll find a statement on it that indicates the applicant is swearing under penalty of law that everything they've entered onto the application form is true and complete.
 

E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
Here is the link to the DOJ CCW web page. http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ConcealedCarry.asp

At this moment, the DOJ CCW web page, and DOJ CCW FAQ document, have got incorrect information on it, with regard to training.

Nov. 7, 2011, a number of portions of the Act 35 Concealed Carry Emergency Administrative rules were suspended. These changes go into effect immediately.

Here's a good link to this information/discussion: http://forum.opencarry.org./forums/showthread.php?96724-Press-release-from-JB-about-todays-events..

-----------------------

Below is a review of the changes.

The Joint Committee for the Review of Administrative Rules (JCRAR) passed a motion to suspend some provisions of Emergency Administrative Rule 1114. effective Nov. 7, 2011.

4 pieces of information that had been on the proof of training certificate, are no longer required.

Jus 17.05(2): Except as otherwise provided in sub. (1), for purposes of satisfying the requirements of sub. (1)(b), (c), (d), (e), (f), or (g), a certificate or affidavit documenting that the applicant has successfully completed a firearms safety or training course must include all of the following information:

(a) The applicant’s name.

(b) The name of the firearms safety or training course.

[Strikeout] (c) The length in hours of the firearms safety or training course.

(d) The date on which the applicant completed the firearms safety or training course.

[Strikeout] (e) The city and state in which the applicant completed the firearms safety or training course.

[Strikeout] (f) The name, address, and telephone number of the person or entity responsible for the firearms safety or training course. This may be an individual instructor, a national or state organization, a law enforcement agency, an educational institution, a firearms training school, or another public or private institution or organization.

(g) The name of the instructor who taught the firearms safety or training course to the applicant and the name of the agency or organization that certified the instructor.

[Strikeout] (h) A signed statement by the instructor who taught the firearms safety or training course to the applicant affirming that the course satisfied the definition of a firearms safety or training course in s. Jus 17.03(8) and that the applicant successfully completed the course. An affirmation that the applicant merely attended the course is not sufficient to satisfy this requirement.

It struck out the "and test" ... "at least four hours of" for training. It left in that the training be instructor-led and face to face.

Jus 17.03 (8) “Firearms safety or training course” means a course that is reasonably calculated to instruct, practice, [Strikeout] and test the student’s comprehension and application of firearm safety rules and safe firearm handling, that includes [Strikeout] at least four hours of instructor-led training, and that provides a certificate or affidavit of successful completion that satisfies the content requirements of s. Jus 17.05(2).

It struck out the clause that put a minimum on instructor training: "that requires firearms instructors to sucessfully complete instructor training of at least eight hours in length;"

Jus17.03(13) “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; [Strikeout] that requires firearms instructors to successfully complete instructor training of at least eight hours in length; and that requires instructors to demonstrate the ability and knowledge required for providing firearms safety and training.

----------------
No changes for those who fulfill the training requirement with:

Hunter Safety education certificate.

Current or Expired firearm carry license/permit with signed affirmation form.

Copy of DD214, DD256, DD257 military discharge/training.

------------------------------

I will post again here, when the DOJ concealed carry page is updated.
 
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E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
There has been more information added to the Wisconsin DOJ CCW web page on 2011 Nov. 9.

It has a link to the Attorney General's news release about the DOJ compliance with the suspended provision for CCW training requirements. The press release has a link to a scanned image of the 2 page document from Joint Committee on Review of Administrative Rules, that changes some of the training requirements. It also has a link to the Attorney General's testimony before this committee.

The web page has a link to the Nov. 8, 2011 updated version of the JUS 17 & 18 emergency administrative rules, incorporating the JCRAR changes.

The DOJ web page links to the 2011 Nov. 9 version of the DOJ CCW FAQ, but the header in the FAQ shows "CCW FAQ 110/10/20" ???. The FAQ does have a link to the 2011 Nov. 8 list of accepted state licenses/permits, and many links to the new Jus 17-18 administrative rules document with the 2011, Nov. 8 JCRAR changes incorporated for training requirements and documents.

The CCW Application form DJ-LE-287 (11/08/11) was revised to reflect the changes in training requirements and documents.

-----------------------

The Joint Committee for the Review of Administrative Rules (JCRAR) passed a motion to suspend some portions of Emergency Administrative Rule 1114. effective Nov. 7, 2011.

Below is the Nov. 9, 2011 DOJ review of the changes.

1.Elimination of any time requirement for the firearms safety and training course

2.Elimination of the word test from the definition of firearms safety and training course

3.Elimination of any time requirement for firearms instructor training

4.Elimination of the instructor’s signature from the certificate affirming they taught the course to the student

5.Elimination of any instructor contact information on the certificate

6.Elimination of the location where the training was provided from the certificate

- - - - - - - - - - -
The earlier version of the model training certificate is still acceptable, but the model certificate document for proof-of-training has been revised Nov. 8, 2011 to reflect that there are now only 5 pieces of information required. :

1 Student Name
2 Title of Course
3 Date student completed course
4 Instructor's Name
5 Instructor's Certifying Agency or Organization

this model training certificate is not needed with:

Hunter Safety training certificate;

OR existing CCW license/permit; (needs signed affirmation form)

OR DD214 "Certificate of Release or Discharge from Active Duty", DD256 "Honorable Discharge Certificate", DD257 "General Discharge Certificate" / proof of military basic training completion;

OR training from LEO board or Security training
- - - - - - - - - - -

A link to the DNR FAQ on SB228 / Act 51 (transporting uncased long guns) has been added.

- - - -

State/Territory list as of 2011 Nov. 8 of those CCW licenses / permits honored in Wisconsin for out-of-state residents.

Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, New Mexico, New York, North Carolina, North Dakota, Pennsylvania, Tennessee, Texas, Utah, Washington, Wyoming, Puerto Rico, U.S. Virgin Islands

27 states, 2 territories

New Additions in Bold

------------------------------

I will post here again, when the DOJ concealed carry page is updated.
 
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E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
There has been more information added to the Wisconsin DOJ CCW web page.

It now has a link to the "Most frequent reasons for application rejection:"

1. Applicant used an out-of-state CCW license as proof of training, but did not enclose the required affirmation form (DJ-LE-289) stating the license was not revoked for cause.

2. Applicant improperly completed the application. Example 1: the applicant left parts of the form blank (such as name, driver license number, or address). Example 2: the information entered was clearly incorrect (year of birth was 1096).

3. Applicant appears to have not read questions before answering them. For example, applicants have checked they are not at least 21 years of age, even though the year of birth they wrote on the form would suggest they are over 40.

4. Applicant submitted a training certificate as proof of training, but the certificate did not include the name of the instructor or did not specify what national or state organization certified the instructor.

5. Applicant submitted a DD-214 as proof of training, but the DD-214 did not show an “honorable” or “general under honorable conditions” discharge.
 
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E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
The DOJ Concealed Carry Web page, http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ConcealedCarry.asp has been divided into several sections, to make it easier to find information.

HOME tab, with basic info, DOJ and DNR authored FAQ documents, administrative rules and their changes.

APPLICATION tab, with application related documents and instructions.

RECIPROCITY tab, with Out-of-state licenses/permits accepted in Wisconsin, and an explanation of the reciprocity: states that will honor a Wisconsin CCL.

State/Territory list as of 2011 Dec. 8 of those CCW licenses / permits honored in Wisconsin for out-of-state residents.

Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, New Mexico, New York, North Carolina, North Dakota, Pennsylvania, Tennessee, Texas, Utah, Virginia (Non-Resident Only) Washington, Wyoming, Puerto Rico, U.S. Virgin Islands

29 states, 2 territories

New Additions in Bold


CURRICULUM tab, with Documents to help support the "Model Training Curriculum" for use by instructors. It also has a .pdf copy of the CWL Informational brochure that is included in the DOJ mailing that accompanies your Wisconsin Concealed Carry License.
 
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protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
I wonder why Virginia non resident permits are accepted, but resident ones are not. :eek:
 

thebigsd

Founder's Club Member
Joined
Mar 23, 2010
Messages
3,535
Location
Quarryville, PA
I wonder why Virginia non resident permits are accepted, but resident ones are not. :eek:

The answer from a recent VCDL VA-ALERT is:

2. Wisconsin and Virginia reciprocity
*************************************************

We are investigating why Wisconsin will only honor Virginia NON-RESIDENT permits and not the resident ones.

Gary Slider emailed me this:

--

Philip, *Wisconsin just updated their reciprocity list. Virginia Non Resident Only is what they are stating. VA is the only state to have this out from their listing. WI requires a NICS check and I will bet that VA runs their background check through the FBI but for Non-Residents they do a NICS Check also. That is the reason why Non Resident Only. Just wanted to give you a heads up.

From doj.state.wi.us: http://tinyurl.com/7kes5cq
 

E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
The DOJ Concealed Carry Web page, http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ConcealedCarry.asp has been changed recently:

HOME tab, Now has information about the DOJ phone tree that handles frequently asked questions, without tying up their staff. 608-261-8647

APPLICATION tab, Has had links to forms added to be used when a Name change has occurred or DJ-LE-293, an address change / Lost license replacement DJ-LE-285. Information about your options if a license has been denied are now included.
 
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E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
The DOJ Concealed Carry Web page, http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ConcealedCarry.asp has been changed recently:

HOME tab, Now has information about the Proposed Permanent rules that implement changes to statutes as a result of 11ACT35. These are Chapters Jus 17 & 18.

There is a link to the text of these Proposed Permanent Rules, with a deadline for submitting comments in writing, on their economic impact of April 19, 2012. The address to send comments is on the web page.

CHANGED: the deadline for submitting comments in writing, has been extended to May 4, 2012.
 
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E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
The DOJ Concealed Carry Web page, http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ConcealedCarry.asp has been changed recently:

HOME tab, now has a link to a Brief from the Wisconsin Legislative Reference Bureau. This Brief is entitled:
"Concealed Carry and Firearms Laws in Wisconsin". It is 11 pages long. It was created May 23, 2012.

The Concealed Carry FAQ was last changed Nov. 9, 2011.
 

E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
The DOJ Concealed Carry Web page, http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ConcealedCarry.asp has been changed recently:

HOME tab, now mentions the West Virginia limited acceptance, as well as the Legislative tab.

RECIPROCITY tab, was changed Jun 11, 2012. West Virginia licenses issued after June 8, 2012 was added to the list of those CCW licenses / permits honored in Wisconsin for out-of-state residents:

Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, New Mexico, New York, North Carolina, North Dakota, Pennsylvania, Tennessee, Texas, Utah. Virginia (Non-Resident Only), Washington, West Virginia (licenses issued after 6-8-12)*, Wyoming, Puerto Rico, U.S. Virgin Islands.

30 states, 2 territories. New additions in Bold

*A Virginia non-resident license specifically states “non-resident” on the license. The resident license does not qualify for recognition in Wisconsin.

*West Virgina passed a new law effective 6/9/12 that requires a background check similar to Wisconsin for all new concealed carry licenses issued. Therefore, a West Virginia license ISSUED OR RENEWED AFTER 6/8/12 is recognized in Wisconsin. Previously issued West Virginia licenses are not.
--------------------------------------------------

A new LEGISLATIVE tab, has been added, June 15, 2012. It includes information about the proposed permanent rules, as well as the hearings that will be held on them. Here is the hearing notice http://www.doj.state.wi.us/dles/cib/ConcealedCarry/notice-rulemaking-hearings.pdf

DOJ will hold public hearings at the times and places noted below.

Date: Monday, July 16, 2012
Time: 10:00 a.m.
Location: Superior Police Department
1316 North Fourteenth Street
Superior, WI 54880

Date: Tuesday, July 24, 2012
Time: 11:00 a.m.
Location: Green Bay Police Training Center
307 South Adams Street
Green Bay, WI 54301

Date: Wednesday, July 25, 2012
Time: 10:00 a.m.
Location: Waukesha County Technical College
Business Building Room B130/B140
800 Main Street
Pewaukee, WI 53072
 
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oliverclotheshoff

Regular Member
Joined
Aug 17, 2010
Messages
845
Location
mauston wi
proof oc CCL

i have been reading any and all info on act 35 (laws,faqs) and have not found where it says ya or nay on if i am required to show proof of ccl if an employer request it

one of my jobs company policy say i must furnish my CCL if requested in order to have it in my vehicle

any thought
 

paul@paul-fisher.com

Regular Member
Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
i have been reading any and all info on act 35 (laws,faqs) and have not found where it says ya or nay on if i am required to show proof of ccl if an employer request it

one of my jobs company policy say i must furnish my CCL if requested in order to have it in my vehicle

any thought

Since WI is an at-will state, depends if you want to keep your job.

Act 35 is silent on the subject so therefore if you refuse and they fire you because of it, you would not be able to sue.
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
943.13 (1m) (c) (2) says that "no firearms" signs don't apply to parking lots.
While carrying a firearm, enters or remains in any part of a nonresidential building, grounds of a nonresidential building, or land that the actor does not own or occupy after the owner ... or the occupant ... has notified the actor not to enter or remain ...
This subdivision does not apply ... if the firearm is in a vehicle driven or parked in the parking facility, to any part of a building, grounds, or land used as a parking facility.
Nowhere in the trespass statutes applying to firearms, nor in the 'weapon' transport statutes, does the law say anything about a carry license being required.
How can you show what you don't [have to] have?

But your employer can make you jump through just about any hoops they want, if you want to keep your job.
It's not right, but it's the law.
However, how are they going to know you have a firearm?
Do they have guards or cameras watching employees in the parking lot?
How about a block away? You could pull over, put it in the safe, then proceed to work.
Or park on the street?
 

E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
The DOJ Concealed Carry Web page, http://www.doj.state.wi.us/dles/cib/conceal-carry/concealed-carry has been changed recently:

It has new URL or website address, which is the link above. The design has changed also.

TRAINING REQUIREMENTS tab, explains what applicants for a Wisconsin CCW license need for proof of meeting the training requirements.

RECIPROCITY tab, with a list of those CCW licenses / permits honored in Wisconsin for out-of-state residents, has not changed since June 11, 2012:

Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, New Mexico, New York, North Carolina, North Dakota, Pennsylvania, Tennessee, Texas, Utah. Virginia (Non-Resident Only)*, Washington, West Virginia (licenses issued after 6-8-12)**, Wyoming, Puerto Rico, U.S. Virgin Islands.

30 states, 2 territories. New additions in Bold

*A Virginia non-resident license specifically states “non-resident” on the license. The resident license does not qualify for recognition in Wisconsin.

**West Virgina passed a new law effective 6/9/12 that requires a background check similar to Wisconsin for all new concealed carry licenses issued. Therefore, a West Virginia license ISSUED OR RENEWED AFTER 6/8/12 is recognized in Wisconsin. Previously issued West Virginia licenses are not.

A map of the United States and its territories, has been added. Clicking on a state, takes you to that state government's website, where you can look at their laws regarding firearms possession and concealed carry. The Wisconsin website, does not have a listing of where Wisconsin CCW licenses are recognized, except for Tennessee.
 
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