Section 34.01. General conditions relating to carrying a firearm.

 

(1)  No owner or employee of an agency may carry any firearm unless all of the following conditions are met:

(a) The circumstances or conditions of the owner's or employee's assignment as a private security person give rise to a substantial need for being armed.

(am) The agency requires the owner or employee to carry a firearm when acting as a private security person.

(b) The client and the agency agree in writing that the agency will assign armed security personnel to the client.

(c) The agency has received a permit from the department pursuant to s. SPS 34.015 .

(d) The owner or employee is not prohibited from possessing a firearm under s. 941.29 , Stats., or any federal law.

(e) Subject to ss. 111.321 , 111.322 and 111.335 , Stats., the owner or employee has not been convicted of a misdemeanor.

(g) The owner or employee complies with all federal or state laws or local ordinances when carrying a firearm.

(h) The owner or employee does not hold a temporary private security permit issued under s. 440.26 (5r) , Stats.

(i) The agency has obtained a comprehensive general liability policy pursuant to s. SPS 31.034 .

(2)  Except as provided in subs. (5) to (8) , an owner or employee of any agency may not carry any concealed firearm at a time when he or she is on duty.

(3)  Except as provided in subs. (5) to (8) , a private detective may only carry a firearm when all the conditions in sub. (1) are satisfied. This subsection does not prohibit a private detective from having on, about or near his or her person a firearm that the private detective obtained and is holding as evidence in an investigation.

(5)  A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm and if s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. , Stats., applies, may carry on, about, or near his or her person a firearm, concealed or otherwise, when acting as a private detective or private security person, without first obtaining a firearms permit granted by the department.

(6)  A person who is a qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g) , Stats., to carry a concealed firearm and if s. 941.23 (2) (b) 1. to 3. , Stats., applies, may carry on, about, or near his or her person a firearm, concealed or otherwise, when acting as a private detective or private security person, without first obtaining a firearms permit granted by the department.

(7)  A person who is a former officer, as defined in s. 941.23 (1) (c) , Stats., to carry a concealed firearm and if s. 941.23 (2) (c) , Stats., applies, may carry on, about, or near his or her person a firearm, concealed or otherwise, when acting as a private detective or private security person, without first obtaining a firearms permit granted by the department.

(8)  A person who is a licensee, as defined in s. 175.60 (1) (d) , Stats., or an out-of-state licensee, as defined in s. 175.60 (1) (g) , Stats., to carry a concealed weapon as permitted under s. 175.60 , Stats., may carry on, about or near his or her person a firearm, concealed or otherwise, when acting as a private detective or private security person, without first obtaining a firearms permit granted by the department.

History: Cr. Register, October, 1988, No. 394 , eff. 11-1-88; am. (1) (intro.), (a) to (c), cr. (1) (am), (d) to (g), (3) and (4), r. and recr. (2), Register, December, 1994, No. 468 , eff. 1-1-95; am. (1) (intro.), cr. (1) (fm), Register, January, 1997, No. 493 , eff. 2-1-97; am. (1) (b) and (d) and cr. (1) (h) and (i), Register, November, 1997, No. 503 , eff. 12-1-97; am. (4), Register, January, 2001, No. 541 , eff. 2-1-01; correction in (1) (c), (i) made under s. 13.92 (4) (b) 7. , Stats., Register November 2011 No. 671 ; CR 14-014 : am. (1) (intro.), r. (1) (f), (fm), am. (1) (h), (2), (3), r. (4), cr. (5) to (8) Register August 2014 No. 704 , eff. 9-1-14.