LRBs0093/2
JEO&RPN:cmh:ch
1999 - 2000 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 1999 SENATE BILL 6
June 15, 1999 - Offered by Senators Breske, Shibilski, Moen, Decker, Wirch and
Baumgart.
SB6-SSA2,1,2
1An Act to create 175.36 and 895.59 of the statutes;
relating to: transfer of
2handguns, immunity from liability and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB6-SSA2,1,5
4175.36 Transfer of handguns; secure gun storage or safety device
5required. (1) Definitions. In this section:
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(a) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
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(b) "Governmental unit" has the meaning given in s. 939.648 (1).
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(c) "Handgun" has the meaning given in s. 175.35 (1) (b).
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(d) "Law enforcement officer" means a Wisconsin law enforcement officer, as
10defined in s. 175.46 (1) (g), or a federal law enforcement officer, as defined in s. 175.40
11(7) (a) 1.
SB6-SSA2,1,1212
(e) "Secure storage or safety device" means any of the following:
SB6-SSA2,2,2
11. A device that, when installed on a firearm, is designed to prevent the firearm
2from being discharged unless the device is deactivated or removed.
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2. A device incorporated into the design of a firearm that is designed to prevent
4the firearm from being discharged by a person who does not have authorized access
5to the key, combination or other means for deactivating the device.
SB6-SSA2,2,86
3. A safe, gun safe, gun case, lockbox or other device that is designed to be used
7or may be used to store a firearm and that is designed to be unlocked only by means
8of a key, a combination or similar means.
SB6-SSA2,2,13
9(2) Secure storage or safety device required for certain sales or transfers
10of a handgun. (a) Except as provided in pars. (b) and (c), when a firearms dealer sells
11or transfers any handgun, the firearms dealer may not transfer possession of the
12handgun to another person unless the firearms dealer provides the person taking
13possession of the handgun with a secure storage or safety device for the handgun.
SB6-SSA2,2,2314
(b) If secure storage or safety devices are temporarily unavailable at the time
15of the transfer of a handgun because of theft, casualty loss, sales to consumers, back
16orders to a manufacturer or other reason beyond the control of the firearms dealer,
17the firearms dealer may transfer possession of the handgun without providing a
18secure storage or safety device for the handgun. Except as provided in par. (c), if a
19firearms dealer transfers possession of a handgun under this paragraph without
20providing a secure storage or safety device, the firearms dealer shall provide a secure
21storage or safety device for the handgun to the person to whom the handgun was
22transferred no later than 10 calendar days after the date on which a secure storage
23or safety device becomes available.
SB6-SSA2,3,3
1(c) A firearms dealer may transfer possession of a handgun to another person
2without providing a secure storage or safety device for the handgun if any of the
3following applies:
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1. The person taking possession of the handgun is another firearms dealer.
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2. The person taking possession of the handgun is a governmental unit.
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3. The person taking possession of the handgun is a law enforcement officer
7who is required to possess the handgun as a condition of employment.
SB6-SSA2,3,1084. The handgun is an antique, as defined in
18 USC 921 (a) (16), or is classified
9as a curio or relic by regulations of the U.S. department of the treasury under
18 USC
10921 (a) (13).
SB6-SSA2,3,1411
(d) Paragraph (a) does not prohibit a firearms dealer from charging the person
12who is buying a handgun or the person to whom a handgun is being transferred for
13the secure storage or safety device in addition to the purchase price charged for the
14handgun.
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15(3) Penalty. Any person who violates this section may be fined not more than
16$500 or imprisoned for not more than 30 days or both.
SB6-SSA2,3,18
17(4) No cause of action created. This section does not create a cause of action
18against a firearms dealer or establish any special standard of care.
SB6-SSA2, s. 2
19Section
2. 895.59 of the statutes is created to read:
SB6-SSA2,3,24
20895.59 Liability exemption; secure handguns. (1) A person who has
21lawful possession and control of a handgun, as defined in s. 175.36 (1) (c), and who
22uses a secure storage or safety device, as defined in s. 175.36 (1) (e), for that handgun
23is immune from civil liability for any damages resulting from the use of the handgun
24if all of the following conditions apply:
SB6-SSA2,4,2
1(a) The handgun was obtained by another person without the authorization of
2the person who had lawful possession and control of the handgun.
SB6-SSA2,4,53
(b) The person who had lawful possession and control of the handgun had used
4a secure storage or safety device, as defined in s. 175.36 (1) (e), for that handgun at
5the time that the other person obtained unauthorized possession of the handgun.
SB6-SSA2,4,8
6(2) Subsection (1) does not provide immunity for a person who had lawful
7possession and control of the handgun if that person is negligent in the use of the
8handgun or in the entrustment of the handgun to another person.
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(1)
Secure storage or safety device required upon transfer of handgun. The
11treatment of section 175.36 of the statutes first applies to the transfer of a handgun
12that occurs on the effective date of this subsection.
SB6-SSA2,4,1413
(2)
Immunity from liability. The treatment of section 895.59 of the statutes
14first applies to damages incurred on the effective date of this subsection.
SB6-SSA2,4,1716
(1)
This act takes effect on the first day of the 4th month beginning after
17publication.
