2017 - 2018 LEGISLATURE
October 24, 2017 - Introduced by Representatives Sargent, Considine, Zamarripa,
Anderson, C. Taylor, Brostoff, Subeck, Spreitzer, Zepnick, Goyke, Pope,
Sinicki, Ohnstad, Berceau, Kolste, Fields, Vruwink and Genrich,
cosponsored by Senators Johnson and Larson. Referred to Committee on
Criminal Justice and Public Safety.
1An Act to amend
175.35 (1) (at) and 175.35 (2g) (c) 4. a. and b.; and to create
165.64 of the statutes; relating to: voluntary prohibitions on purchasing a
Analysis by the Legislative Reference Bureau
This bill requires the Department of Justice to allow individuals to prohibit
themselves from purchasing a handgun. Under the bill, DOJ must maintain a
database of individuals who voluntarily prohibit themselves from purchasing a
handgun. An individual may request inclusion in the database by submitting a
request to DOJ that indicates the length of the prohibition: a one-year, irrevocable
prohibition; a five-year prohibition, the first year being irrevocable; or a 20-year
prohibition, the first year being irrevocable. During a revocable period, an individual
may remove the prohibition by submitting to DOJ a request for removal and an
affidavit from a licensed psychiatrist or psychologist stating that the individual may
possess a firearm without being a danger to himself or herself or another. This bill
also requires DOJ, when responding to a request for a background check from a
licensed firearm dealer regarding an individual who is in the database, to indicate
that the individual is prohibited from purchasing a handgun.
For further information see the state 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:
165.64 of the statutes is created to read:
2165.64 Voluntary prohibition on handgun purchases. (1)
In this section:
(a) “Department” means the department of justice.
(b) “Handgun” has the meaning given in s. 175.35 (1) (b).
The department shall develop forms for individuals to submit to the 6
department to request, or to renew a request, that he or she be prohibited from 7
purchasing a handgun. The forms shall allow the individual to choose the term of 8
the prohibition as follows:
(a) A one-year, irrevocable term.
(b) A 5-year term, the first year being irrevocable.
(c) A 20-year term, the first year being irrevocable.
If an individual submits a form requesting that he or she be prohibited from 13
purchasing a handgun, the department shall enter the individual's identifying 14
information into a database the department maintains.
The department shall remove the individual's identifying information from 16
the database under sub. (3) if any of the following occurs:
(a) After the term under sub. (2) expires, the individual submits a form 18
designed by the department requesting that his or her identifying information be 19
removed. A term that has expired and has not been renewed continues until revoked 20
under this paragraph.
(b) Before the term under sub. (2) expires but after the request becomes 22
revocable under sub. (2) (b) or (c), the individual submits a form designed by the 23
department requesting that his or her identifying information be removed. The 24
individual shall submit an affidavit from a psychiatrist or a psychologist licensed
under ch. 455 stating that the individual may possess a firearm without posing a 2
danger to himself or herself or to another.
The department may disclose an individual's identifying information 4
included in the database under sub. (3) only as part of a firearms restrictions record 5
search under s. 175.35 (2g) (c) or to the individual who is the subject of the 6
175.35 (1) (at) of the statutes is amended to read:
(at) “Firearms restrictions record search" means a search of 9
department of justice records to determine whether a person seeking to purchase a 10
handgun is prohibited from possessing a firearm under s. 941.29
or is included in the
11database under s. 165.64 (3)
. “Firearms restrictions record search" includes a 12
criminal history record search, a search to determine whether a person is prohibited 13
from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the 14
national instant criminal background check system to determine whether a person 15
has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 16
54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject 17
to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 18
813.12 (1) (e), issued by a court established by any federally recognized Wisconsin 19
Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes 20
notice to the respondent that he or she is subject to the requirements and penalties 21
under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), 22
and a search to determine whether the person is prohibited from possessing a 23
firearm under s. 813.123 (5m) or 813.125 (4m).
175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:
(c) 4. a. If the search indicates that the transferee is prohibited from 2
possessing a firearm under s. 941.29 or is included in the database under s. 165.64
, the department shall provide the firearms dealer with a unique nonapproval 4
number. The department may not disclose to the firearms dealer the reason the 5
transferee is prohibited from possessing a firearm under s. 941.29.
b. If the search indicates that the transferee is not prohibited from possessing 7
a firearm under s. 941.29 and is not included in the database under s. 165.64 (3)
, the 8
department shall provide the firearms dealer with a unique approval number.