Section SPS 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.Wis. Admin. Code Department of Safety and Professional Services SPS 34.01
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.Amended by,Wisconsin Register December 2014 No. 708, eff.1/1/2015.