LRB-0923/1
CMH:wlj:jm
2015 - 2016 LEGISLATURE
February 13, 2015 - Introduced by Senators Wanggaard, Tiffany, Lazich,
LeMahieu, Moulton and Nass, cosponsored by Representatives Quinn,
Kremer, Czaja, Thiesfeldt, Allen, August, Brandtjen, E. Brooks, R. Brooks,
Craig, Gannon, Horlacher, Jarchow, Kapenga, Katsma, Kleefisch, Knodl,
Krug, Kulp, T. Larson, Macco, Mursau, Murtha, Neylon, A. Ott, Sanfelippo,
Schraa, Skowronski, Steffen, Swearingen, Tauchen and Weatherston.
Referred to Committee on Judiciary and Public Safety.
SB35,1,3 1An Act to amend 175.35 (title), 175.35 (1) (ar), 175.35 (2) (d), 175.35 (2g) (c) 4.
2c. and 941.237 (1) (cm) of the statutes; relating to: waiting period for handgun
3purchases.
Analysis by the Legislative Reference Bureau
Current law provides that a federally licensed firearms dealer must request the
Department of Justice (DOJ) to conduct a background check of a prospective
purchaser before the dealer may transfer a handgun after a sale. Current law also
requires the firearms dealer to wait 48 hours after receiving notice that DOJ received
the request for a background check, without receiving notice that state or federal law
prohibits the purchaser from possessing a firearm, before transferring the handgun
to the purchaser. This bill eliminates the 48-hour waiting period. Under this bill,
the dealer may transfer the handgun immediately after receiving notice from DOJ
that the background check indicates that the purchaser is not prohibited from
possessing a firearm.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB35,1 4Section 1. 175.35 (title) of the statutes is amended to read:
SB35,1,5 5175.35 (title) Waiting period for purchase Purchase of handguns.
SB35,2
1Section 2. 175.35 (1) (ar) of the statutes is amended to read:
SB35,2,52 175.35 (1) (ar) "Firearms dealer" means any person engaged in the business
3of importing, manufacturing or dealing in firearms and having a license as an
4importer, manufacturer or dealer issued by the U.S. department of the treasury
5federal government.
SB35,3 6Section 3. 175.35 (2) (d) of the statutes is amended to read:
SB35,2,117 175.35 (2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c.,
8have elapsed from the time that the
The firearms dealer has received a confirmation
9an approval number regarding the firearms restrictions record search under sub.
10(2g) (c) from the department of justice and the firearms dealer has not been notified
11that the transfer would be in violation of s. 941.29
.
SB35,4 12Section 4. 175.35 (2g) (c) 4. c. of the statutes is amended to read:
SB35,2,1913 175.35 (2g) (c) 4. c. If the search indicates a felony charge without a recorded
14disposition, the deadline under sub. (2) (d) is extended to the end of the 3rd complete
15working day commencing after the day on which the finding is made. The
16department shall notify the firearms dealer of the extension as soon as practicable.
17During the extended period,
the department shall make every reasonable effort to
18determine the disposition of the charge and notify the firearms dealer of the results
19as soon as practicable within 3 working days.
SB35,5 20Section 5. 941.237 (1) (cm) of the statutes is amended to read:
SB35,2,2421 941.237 (1) (cm) "Firearms dealer" means any person engaged in the business
22of importing, manufacturing or dealing in firearms and having a license as an
23importer, manufacturer or dealer issued by the U.S. department of the treasury
24federal government.
SB35,6 25Section 6. Initial applicability.
SB35,3,2
1(1) This act first applies to sales that occur on the effective date of this
2subsection.
SB35,3,33 (End)
Loading...
Loading...