Section 34.04. Approval as a firearms proficiency certifier.

 

(1)  Before certifying the proficiency of an owner or employee to carry a firearm pursuant to s. SPS 34.02 , an individual shall obtain the approval of the department by submitting an application to the department on a form prepared by the department.

(1m)  A peace officer is not required to file with the department fingerprints under sub. (5) , provided that the peace officer submits with the application for approval a letter from his or her employing law enforcement agency, written not more than one month before the date of the application and stating that the person is currently employed as a peace officer by the law enforcement agency.

(2)  An applicant for approval as a firearms proficiency certifier shall at the time of application meet all of the following qualifications:

(a) The individual shall have received training as a police or security firearms instructor and shall provide evidence of one of the following:

1. Current approval as a firearms instructor by the Wisconsin law enforcement standards board.

2. Current certification as a law enforcement firearms instructor by the national rifle association of America, inc.

3. At any time on or after January 1, 1995, was approved as a firearms instructor by the Wisconsin law enforcement standards board, or certified as a law enforcement firearms instructor, or a substantially equivalent designation, by the national rifle association of America, inc. and has completed a 6-hour firearms instructor refresher course within 12 months before application for approval by the department. The refresher course shall be presented by a regional training school approved by the Wisconsin law enforcement standards board or by a staff instructor in the law enforcement activities division of the national rifle association.

4. Current certification or approval as a firearms instructor from a school in the Wisconsin technical college system, that certifies or approves firearms instructors in a manner which the department determines achieves equivalency to one of the outcomes prescribed in subds. 1. to 3.

5. Current certification or approval as a firearms instructor from an institution approved by the U.S. department of education, that certifies or approves firearms instructors in a manner which the department determines achieves equivalency to one of the outcomes prescribed in subds. 1. to 3.

(b) Notwithstanding ss. 111.321 , 111.322 and 111.335 , Stats., the individual shall not have been convicted of a felony and is not prohibited from possessing a firearm under any state or federal law.

(c) The individual has, subject to ss. 111.321 , 111.322 and 111.335 , Stats., not been charged with a crime or convicted of a misdemeanor.

(4)  The department may deny an application submitted to it pursuant to sub. (1) or may suspend, limit or revoke an approval granted under this section, if the department determines that the conditions and requirements described in sub. (2) have not been satisfied or do not continue to be satisfied. The department shall grant a hearing pursuant to ch. SPS 1 or 2 .

(5)  Except as provided in sub. (1m) , an applicant shall submit to the department two complete and satisfactory sets of fingerprints as specified under s. SPS 31.03 (1) (b) , in order to carry a firearm and the department may obtain a criminal history record search from the Wisconsin department of justice and the federal bureau of investigation relating to the applicant before initially granting a permit for that individual.

(6)  The applicant shall pay the reasonable costs incurred by the department in obtaining information relating to the eligibility and qualifications of the applicant, including the reasonable costs of criminal history record searches.

(7)  The approval of a firearms proficiency certifier shall expire on December 31 of each even-numbered year, unless the firearms proficiency certifier submits to the department an application for renewal on a form prescribed by the department and is reapproved by the department.

History: Cr. Register, October, 1988, No. 394 , eff. 11-1-88; r. and recr. Register, December, 1994, No. 468 , eff. 1-1-95; r. (3) and cr. (4), (5) and (6), Register, November, 1997, No. 503 , eff. 12-1-97; cr. (1m), (2) (a) 1., 2., 3., (7), am. (2) (intro.), (b), (5) and (6), renum. (2) (a) to be (2) (a) (intro.), Register, January, 2001, No. 541 , eff. 2-1-01; correction in (1), (4) made under s. 13.92 (4) (b) 7. , Stats., Register November 2011 No. 671 ; EmR1308 : emerg. cr. (2) (a) 4., 5., eff. 6-13-13; CR 13-047 : cr. (2) (a) 4., 5. Register February 2014 No. 698 , eff. 3-1-14; CR 14-014 : am. (2) (a) 2., 3., (4) to (7) Register August 2014 No. 704 , eff. 9-1-14.

Note

Form #1912, Application For Approval of Firearms Proficiency Certifier, may be obtained from the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935 or download from the department's webpage: http://dsps.wi.gov/Licenses-Permits/FirearmsCertifier/FIRECforms . Microsoft Windows NT 6.1.7601 Service Pack 1 Form #1912, Application For Approval of Firearms Proficiency Certifier, may be obtained from the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935 or download from the department's webpage: http://dsps.wi.gov/Licenses-Permits/FirearmsCertifier/FIRECforms . Microsoft Windows NT 6.1.7601 Service Pack 1