2019 - 2020 LEGISLATURE
July 16, 2019 - Introduced by Representatives C. Taylor, Stubbs,
Hebl, Goyke, Anderson, Crowley, Gruszynski, Sinicki, Kolste, Zamarripa,
Spreitzer, Fields, L. Myers, Vruwink, Billings, Hesselbein, Considine,
Ohnstad, Neubauer, Bowen, Brostoff, Cabrera, Vining, Emerson and Pope,
cosponsored by Senators Carpenter, Johnson, Larson, Risser, Shilling, L.
Taylor, Ringhand, Smith, Miller, Hansen and Wirch. Referred to Committee
on Criminal Justice and Public Safety.
1An Act to amend
175.35 (title), 175.35 (2) (d) and 175.35 (2g) (c) 4. c. of the 2
statutes; relating to: waiting period for purchase of handguns.
Analysis by the Legislative Reference Bureau
Current law provides that, before a federally licensed firearms dealer may
transfer a handgun after a sale, the dealer must request that the Department of
Justice perform a background check on the prospective purchaser to determine if the
purchaser is prohibited from possessing a firearm under federal or state law.
This bill prohibits the dealer from transferring the handgun to the purchaser
until 48 hours have passed since the firearms dealer requested the background check
on the purchaser.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
175.35 (title) of the statutes is amended to read:
Waiting period for the purchase of handguns.
175.35 (2) (d) of the statutes is amended to read:
(d) The Forty-eight hours have elapsed from the time that the 7
firearms dealer has received an approval a confirmation
number regarding the
firearms restrictions record search under sub. (2g) (c) from the department of justice 2and the firearms dealer has not been notified that the person is prohibited under
3state or federal law from possessing a firearm or that the department needs an
4extension under sub. (2g) (c) 4. c
175.35 (2g) (c) 4. c. of the statutes is amended to read:
(c) 4. c. If the search indicates that it is unclear whether the person 7
is prohibited under state or federal law from possessing a firearm and the 8
department needs more time than provided under sub. (2) (d)
to make the 9
determination, the department shall make every reasonable effort to determine 10
whether the person is prohibited under state or federal law from possessing a firearm 11
and notify the firearms dealer of the results as soon as practicable but no later than 12
5 working days after the search was requested.
(1) This act first applies to sales that occur on the effective date of this 15