LRB-1834/1
CMH:ahe
2017 - 2018 LEGISLATURE
February 9, 2017 - Introduced by Senators Johnson, Carpenter, C. Larson,
Miller, Risser and L. Taylor, cosponsored by Representatives Berceau, C.
Taylor
, Anderson, Billings, Bowen, Brostoff, Crowley, Fields, Goyke,
Hesselbein, Kolste, Ohnstad, Riemer, Sargent, Sinicki, Spreitzer, Subeck,
Wachs, Young and Zamarripa. Referred to Committee on Judiciary and Public
Safety.
SB34,1,10 1An Act to repeal 175.35 (1) (b); to renumber 175.35 (2) (a), (b), (c) and (d) and
2175.35 (2j); to renumber and amend 175.35 (2) (intro.) and 175.35 (2i); to
3amend
20.455 (2) (gr), 175.35 (title), 175.35 (1) (at), 175.35 (2g) (a), 175.35 (2g)
4(b), 175.35 (2k) (ar) 2., 175.35 (2k) (c) 2. a., 175.35 (2k) (c) 2. b., 175.35 (2k) (g),
5175.35 (2k) (h), 175.35 (2L), 175.35 (2t) (a), (b) and (c), 175.60 (7) (d), 175.60 (15)
6(b) 4. b., 938.208 (1) (b), 938.34 (4m) (b) 2., 938.341, 941.237 (1) (d), 941.296 (1)
7(b), 968.20 (3) (b), 971.17 (1g) and 973.176 (1); and to create 175.33, 175.35 (2)
8(bm), 175.35 (2) (cm) (intro.), 175.35 (2i) (b) 2., 175.35 (2j) (b) and 941.29 (1m)
9(dm), (dn) and (do) of the statutes; relating to: sales and transfers of firearms
10and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
Current law provides that certain conditions, including a background check of
a prospective purchaser, must be met before a federally licensed firearms dealer may
transfer a handgun after a sale. This bill generally prohibits a person from selling
or transferring any firearm unless the sale or transfer occurs through a federally
licensed firearms dealer and involves a background check of the prospective

transferee. Under this bill, the following are excepted from that prohibition: a sale
or transfer to a firearms dealer, to law enforcement, or to a member of the armed
services; a sale or transfer of a firearm classified as antique; a transfer that is by gift,
bequest, or inheritance to a family member; or a transfer that is intended to be
temporary and that has a purpose that is not illegal. A person who is convicted of
violating the prohibition is guilty of a misdemeanor and must be fined not less than
$500 nor more than $10,000, may be imprisoned for not more than nine months, and
may not possess a firearm for a period of two years.
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:
SB34,1 1Section 1. 20.455 (2) (gr) of the statutes is amended to read:
SB34,2,52 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or
3certifications to carry concealed weapons.
All moneys received as fee payments under
4ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and
5b. to provide services under ss. 175.35, 175.49, and 175.60.
SB34,2 6Section 2. 175.33 of the statutes is created to read:
SB34,2,7 7175.33 Transfer of firearms. (1) In this section:
SB34,2,98 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or
9grandchild. The relationship may be by blood, marriage, or adoption.
SB34,2,1010 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB34,2,12 11(2) No person may sell or transfer ownership of a firearm, or purchase or obtain
12ownership of a firearm, unless one of the following applies:
SB34,2,1313 (a) The seller or transferor is a firearms dealer.
SB34,2,1514 (b) The seller or transferor makes the sale or transfer to or through a firearms
15dealer and obtains a receipt under s. 175.35 (2j) (b).
SB34,2,1716 (c) The sale or transfer of ownership of the firearm is one of the transfers listed
17under s. 175.35 (2t).
SB34,3,3
1(d) The transferor is transferring ownership of the firearm to a family member
2by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
3firearm under s. 941.29, and the transferee is at least 18 years of age.
SB34,3,74 (e) The transferor is transferring ownership of the firearm with the intent that
5the transfer be temporary, neither the transferor nor the transferee is prohibited
6from possessing a firearm under s. 941.29, and the purpose of the transfer is not
7prohibited by law.
SB34,3,11 8(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
9and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
10for not more than 9 months. The person is also prohibited under s. 941.29 from
11possessing a firearm for a period of 2 years.
SB34,3 12Section 3. 175.35 (title) of the statutes is amended to read:
SB34,3,13 13175.35 (title) Purchase of handguns firearms.
SB34,4 14Section 4. 175.35 (1) (at) of the statutes is amended to read:
SB34,4,515 175.35 (1) (at) “Firearms restrictions record search" means a search of
16department of justice records to determine whether a person seeking to purchase a
17handgun firearm is prohibited from possessing a firearm under s. 941.29. “Firearms
18restrictions record search" includes a criminal history record search, a search to
19determine whether a person is prohibited from possessing a firearm under s. 51.20
20(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
21system to determine whether a person has been ordered not to possess a firearm
22under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
23to determine whether the person is subject to an injunction under s. 813.12 or
24813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
25established by any federally recognized Wisconsin Indian tribe or band, except the

1Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
2or she is subject to the requirements and penalties under s. 941.29 and that has been
3filed with the circuit court under s. 813.128 (3g), and a search to determine whether
4the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125
5(4m).
SB34,5 6Section 5. 175.35 (1) (b) of the statutes is repealed.
SB34,6 7Section 6. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
8amended to read:
SB34,4,119 175.35 (2) (am) When a firearms dealer sells or transfers a handgun firearm,
10he or she may not transfer possession of that handgun firearm to any other person
11until all of the following have occurred: requirements under par. (cm) have been met.
SB34,7 12Section 7. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
13(2) (cm) 1., 2., 3. and 4.
SB34,8 14Section 8. 175.35 (2) (bm) of the statutes is created to read:
SB34,4,2115 175.35 (2) (bm) When a person sells a firearm or transfers ownership of a
16firearm through a firearms dealer, the person may not transfer possession of that
17firearm to any person other than the firearms dealer, and the firearms dealer may
18not transfer or authorize the transfer of possession of that firearm to any person,
19until all of the requirements of par. (cm) have been met. This paragraph does not
20apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms
21dealer.
SB34,9 22Section 9. 175.35 (2) (cm) (intro.) of the statutes is created to read:
SB34,4,2423 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer
24of a firearm occurs under par. (am) or (bm):
SB34,10 25Section 10. 175.35 (2g) (a) of the statutes is amended to read:
SB34,5,3
1175.35 (2g) (a) The department of justice shall promulgate rules prescribing
2procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
3dealer to inspect identification containing a photograph of the transferee.
SB34,11 4Section 11. 175.35 (2g) (b) of the statutes is amended to read:
SB34,5,105 175.35 (2g) (b) The department of justice shall promulgate rules prescribing
6a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to
7provide his or her name, date of birth, gender, race and social security number, and
8other identification necessary to permit an accurate firearms restrictions record
9search under par. (c) 3. and the required notification under par. (c) 4. The department
10of justice shall make the forms available at locations throughout the state.
SB34,12 11Section 12. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
12amended to read:
SB34,5,1513 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each
14firearms restrictions record search that the firearms dealer requests under sub. (2)
15(c) (cm) 3.
SB34,5,16 16(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
SB34,5,19 17(c) The department may refuse to conduct firearms restrictions record searches
18for any firearms dealer who fails to pay any fee under this subsection par. (a) within
1930 days after billing by the department.
SB34,13 20Section 13. 175.35 (2i) (b) 2. of the statutes is created to read:
SB34,5,2321 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
22may collect from the transferor the fee under par. (a) and any additional amount to
23cover any costs he or she incurs in processing the transfer.
SB34,14 24Section 14. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
SB34,15 25Section 15. 175.35 (2j) (b) of the statutes is created to read:
SB34,6,5
1175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm
2through a firearms dealer under sub. (2) (bm), or sells a firearm or transfers
3ownership of a firearm to a firearms dealer, the firearms dealer shall provide the
4person a written receipt documenting the dealer's participation in the sale or
5transfer.
SB34,16 6Section 16. 175.35 (2k) (ar) 2. of the statutes is amended to read:
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