Wisconsin D.O.J. News

UPDATE 11/09/2011

On 11/7/11, The Joint Committee For The Review of Administrative Rules (JCRAR) suspended portions of the emergency rules affecting the training requirements for concealed carry licenses. Proof of training is still required to apply for a license. The changes include:

  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

Any application submitted prior to these changes will be processed in accordance with these revisions. If your application has been returned as a result of any of the above training issues, or because you did not have an out-of-state affirmation form; please resubmit the application with all necessary forms and the fee to the CIB Firearms Unit, PO Box 2718, Madison, WI 53701-2718, for reprocessing.

 

 

In establishing this list, DOJ has tried to be as inclusive as possible and has communicated with officials in every other state to obtain information about their background check laws and policies. This list is current as of 10/26/11:

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

Wisconsin Senate approves 'castle doctrine' bill on use of deadly force

Wisconsin homeowners who shoot intruders would receive strong legal protection, under a bill approved Thursday by the state Senate.

The bill passed the Senate on a bipartisan 26-7 vote and now goes back to the state Assembly. All Republican senators voted for the bill along with nine Democrats, including three from southeastern Wisconsin: Sen. Spencer Coggs, D-Milwaukee; Sen. Lena Taylor, D-Milwaukee; and Sen. Bob Wirch, D-Pleasant Prairie.

The Assembly also passed the proposal on a bipartisan vote Tuesday, but since the Senate tweaked the proposal Thursday, it will need to have the other house approve it with that change. GOP Gov. Scott Walker has said that he supports the bill in principle but still will review it before deciding whether to sign it.

Under the bill, courts in most criminal and civil matters would presume that property owners using deadly force had acted reasonably against anyone unlawfully inside their residence, business or vehicle, whether the trespasser was armed or not. The proposal is sometimes known as the "castle doctrine," a reference to the saying that one's home is one's castle.

The legislation is one of a slew of bills moving through the Legislature this week as GOP lawmakers advance their agenda ahead of recall efforts expected to start against Walker and state senators later this month.

On Tuesday, Wisconsin became the 49th state in the country to allow people to carry concealed firearms. Republicans said the "castle

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doctrine" bill was another step in helping law-abiding residents protect themselves.

"A person has a right to defend themselves and their family in their dwelling," said Sen. Van Wanggaard, R-Racine, a lead sponsor of the legislation and a former police officer. "The fundamental issue is about protecting life, not property."

But some Democrats said the law was not needed and was being rushed through unnecessarily to please gun-rights groups.

"This day in the Senate is truly bought and paid for by the (National Rifle Association)," said Sen. Jon Erpenbach, D-Middleton.

A state group representing more than 600 criminal defense lawyers, prosecutors, judges and academics also opposes the castle doctrine bill.

"AB 69 changes Wisconsin law by providing a defense for irrational people armed with deadly force. Under its provisions, malevolent, reckless or paranoid people who shoot trick-or-treaters or repairmen on their porch will be presumed to be acting in self-defense," reads a statement issued this week on behalf of the criminal law section of the State Bar of Wisconsin.

The statement comes from a two-page memo sent to lawmakers by Gregory J. O'Meara, an associate professor of law at Marquette University and immediate past chair of the criminal law section.

"At present, no member of the criminal law section of the State Bar, which is made up judges, prosecutors, defense attorneys and academics, can come up with a single case wherein a homeowner was charged with a crime for defending himself or herself from a home intruder," the memo reads.

Some district attorneys such as John Chisholm of Milwaukee County and Joe DeCecco of Sheboygan County also have said Wisconsin, like most states, doesn't need a castle doctrine bill because current law provides more-than-adequate protection for anyone legitimately acting in self-defense.

Republican Attorney General J.B. Van Hollen has said that he has not reviewed the particulars of the bill, but that he supports the general concept.

Meanwhile, the public will be allowed to have concealed weapons in the Assembly's galleries but wouldn't be able to openly carry them under a policy adopted Thursday despite objections by Democrats.

The policy differs from that in the Senate, where weapons are barred in the gallery. Both the Senate and Assembly allow lawmakers to carry concealed weapons.

The Senate and Assembly policies allow lawmakers to decide whether to ban weapons in their Capitol offices. Walker's administration decided to allow concealed weapons in the Capitol and other government buildings, except where otherwise prohibited by law, such as in the state Supreme Court hearing room and the police station in the basement of the Capitol.

This report includes information from the Associated Press.