2017 - 2018 LEGISLATURE
June 30, 2017 - Introduced by Representatives Subeck, Anderson, Berceau,
Ohnstad, Sargent, Zamarripa and Zepnick, cosponsored by Senators L.
Taylor, Johnson and Larson. Referred to Committee on Criminal Justice and
1An Act to amend
165.83 (2) (d), 175.37 (title) and 175.37 (2); and to create
165.83 (2) (dd), 175.36 and 175.37 (1m) of the statutes; relating to: a
3requirement to report lost or stolen firearms and providing criminal penalties.
Analysis by the Legislative Reference Bureau
Under this bill, a person who owns a firearm that is stolen or missing must
report the theft or loss to a law enforcement agency within 24 hours of discovering
the theft or loss. A person who violates this requirement is guilty of a Class A
misdemeanor for a first offense and guilty of a Class I felony for a second or
subsequent offense. A person who falsely reports a stolen or lost firearm is guilty of
the current-law crime of obstructing an officer and is subject to a fine of up to $10,000
or a sentence of imprisonment of up to nine months, or both.
This bill also requires a person who commercially sells or transfers a firearm
to provide the purchaser or transferee a written notice of the requirement, created
in this bill, to report a theft or loss of a firearm within 24 hours of discovering it. A
seller or transferor who violates this requirement is subject to a fine of up to $500 or
imprisonment for up to 30 days, or both.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
165.83 (2) (d) of the statutes is amended to read:
(d) Obtain Except as provided in par. (dd), obtain
and file 3
information relating to identifiable stolen or lost property.
165.83 (2) (dd) of the statutes is created to read:
(dd) 1. If a law enforcement agency forwards a file under s. 175.36 6
(2) (a) 2. to the department, enter the information into the national crime 7
information center systems and put the file in a database that is created for stolen 8
or lost firearms and make the database available to law enforcement agencies for the 9
purpose of locating and identifying stolen or lost firearms and identifying violators 10
of s. 175.36 (1).
2. If a law enforcement agency notifies the department under s. 175.36 (2) (b) 12
that a stolen or lost firearm has been recovered, enter that information into the 13
national crime information center systems and add to the database a notation that 14
the firearm has been recovered and the date on which it was recovered.
175.36 of the statutes is created to read:
16175.36 Reporting stolen or lost firearm. (1)
(a) A person who owns a 17
firearm and who discovers that the firearm is stolen or lost shall, within 24 hours of 18
the discovery, report the theft or loss to a law enforcement agency that has 19
jurisdiction over the area in which the firearm was stolen or lost.
(b) If a person who has reported a theft or loss under par. (a) recovers the 21
firearm, the person shall report as soon as practicable to a law enforcement agency 22
the date on which the firearm was recovered.
(a) A law enforcement agency that receives under sub. (1) (a) a report of a 24
stolen or lost firearm shall do all of the following:
1. Create a file that includes, if known, the date on which the firearm was stolen 2
or lost; the caliber, make, and model of the firearm; the serial number of the firearm; 3
any distinguishing mark on the firearm; and the location at which the firearm was 4
purchased by, or transferred to, the person making the report under sub. (1) (a).
2. As soon as practicable, forward a copy of the file created under subd. 1. to the 6
department of justice for inclusion in a database under s. 165.83 (2) (dd).
(b) A law enforcement agency that receives under sub. (1) (b) a report of a 8
recovered firearm shall report to the department of justice the date on which the 9
firearm was recovered.
A person who reports under sub. (1) (a) a stolen or lost firearm, when he or 11
she knows that the report is false, is subject to the penalty for obstructing a law 12
enforcement officer under s. 946.41.
A person who violates sub. (1) (a) is guilty of one of the following:
(a) For a first offense, a Class A misdemeanor.
(b) For a 2nd or subsequent offense, a Class I felony.
175.37 (title) of the statutes is amended to read:
(title) Warning Requirements whenever transferring a firearm.
175.37 (1m) of the statutes is created to read:
Upon the retail commercial sale or transfer of a firearm, the seller 20
or transferor shall provide to the buyer or transferee a written notice of the 21
requirements under s. 175.36 (1) and of the penalties under s. 175.36 (4).
175.37 (2) of the statutes is amended to read:
Any person who violates sub. (1)
may be fined not more than 24
$500 or imprisoned for not more than 30 days or both.
(1) Lost or stolen firearms.
The treatment of section 175.36 (1) (a) of the 2
statutes first applies to discoveries of stolen or lost firearms made on the effective 3
date of this subsection.
Requirements when transferring firearm.
The treatment of section 175.37 5
(1m) of the statutes first applies to sales and transfers that occur on the effective date 6
of this subsection.