AB65-ASA1-AA1-AA2,2,66 (a) The seller or transferor is a firearms dealer.
AB65-ASA1-AA1-AA2,2,87 (b) The seller or transferor makes the sale or transfer to or through a firearms
8dealer and obtains a receipt under s. 175.35 (2j) (b).
AB65-ASA1-AA1-AA2,2,109 (c) The sale or transfer of ownership of the firearm is one of the transfers listed
10under s. 175.35 (2t).
AB65-ASA1-AA1-AA2,2,1311 (d) The transferor is transferring ownership of the firearm to a family member
12by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
13firearm under s. 941.29, and the transferee is at least 18 years of age.
AB65-ASA1-AA1-AA2,2,1714 (e) The transferor is transferring ownership of the firearm with the intent that
15the transfer be temporary, neither the transferor nor the transferee is prohibited
16from possessing a firearm under s. 941.29, and the purpose of the transfer is not
17prohibited by law.
AB65-ASA1-AA1-AA2,2,21 18(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
19and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
20for not more than 9 months. The person is also prohibited under s. 941.29 from
21possessing a firearm for a period of 2 years.
AB65-ASA1-AA1-AA2,3 22Section 3. 175.35 (title) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,2,23 23175.35 (title) Purchase of handguns firearms.
AB65-ASA1-AA1-AA2,4 24Section 4. 175.35 (1) (at) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,3,16
1175.35 (1) (at) “Firearms restrictions record search" means a search of
2department of justice records to determine whether a person seeking to purchase a
3handgun firearm is prohibited from possessing a firearm under s. 941.29. “Firearms
4restrictions record search" includes a criminal history record search, a search to
5determine whether a person is prohibited from possessing a firearm under s. 51.20
6(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
7system to determine whether a person has been ordered not to possess a firearm
8under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
9to determine whether the person is subject to an injunction under s. 813.12 or
10813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
11established by any federally recognized Wisconsin Indian tribe or band, except the
12Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
13or she is subject to the requirements and penalties under s. 941.29 and that has been
14filed with the circuit court under s. 813.128 (3g), and a search to determine whether
15the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125
16(4m).
AB65-ASA1-AA1-AA2,5 17Section 5 . 175.35 (1) (b) of the statutes is repealed.
AB65-ASA1-AA1-AA2,6 18Section 6 . 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
19amended to read:
AB65-ASA1-AA1-AA2,3,2220 175.35 (2) (am) When a firearms dealer sells or transfers a handgun firearm,
21he or she may not transfer possession of that handgun firearm to any other person
22until all of the following have occurred: requirements under par. (cm) have been met.
AB65-ASA1-AA1-AA2,7 23Section 7 . 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
24(2) (cm) 1., 2., 3. and 4.
AB65-ASA1-AA1-AA2,8 25Section 8 . 175.35 (2) (bm) of the statutes is created to read:
AB65-ASA1-AA1-AA2,4,7
1175.35 (2) (bm) When a person sells a firearm or transfers ownership of a
2firearm through a firearms dealer, the person may not transfer possession of that
3firearm to any person other than the firearms dealer, and the firearms dealer may
4not transfer or authorize the transfer of possession of that firearm to any person,
5until all of the requirements of par. (cm) have been met. This paragraph does not
6apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms
7dealer.
AB65-ASA1-AA1-AA2,9 8Section 9 . 175.35 (2) (cm) (intro.) of the statutes is created to read:
AB65-ASA1-AA1-AA2,4,109 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer
10of a firearm occurs under par. (am) or (bm):
AB65-ASA1-AA1-AA2,10 11Section 10 . 175.35 (2g) (a) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,4,1412 175.35 (2g) (a) The department of justice shall promulgate rules prescribing
13procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
14dealer to inspect identification containing a photograph of the transferee.
AB65-ASA1-AA1-AA2,11 15Section 11 . 175.35 (2g) (b) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,4,2116 175.35 (2g) (b) The department of justice shall promulgate rules prescribing
17a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to
18provide his or her name, date of birth, gender, race and social security number, and
19other identification necessary to permit an accurate firearms restrictions record
20search under par. (c) 3. and the required notification under par. (c) 4. The department
21of justice shall make the forms available at locations throughout the state.
AB65-ASA1-AA1-AA2,12 22Section 12 . 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
23amended to read:
AB65-ASA1-AA1-AA2,5,3
1175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each
2firearms restrictions record search that the firearms dealer requests under sub. (2)
3(c) (cm) 3.
AB65-ASA1-AA1-AA2,5,4 4(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
AB65-ASA1-AA1-AA2,5,7 5(c) The department may refuse to conduct firearms restrictions record searches
6for any firearms dealer who fails to pay any fee under this subsection par. (a) within
730 days after billing by the department.
AB65-ASA1-AA1-AA2,13 8Section 13 . 175.35 (2i) (b) 2. of the statutes is created to read:
AB65-ASA1-AA1-AA2,5,119 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
10may collect from the transferor the fee under par. (a) and any additional amount to
11cover any costs he or she incurs in processing the transfer.
AB65-ASA1-AA1-AA2,14 12Section 14 . 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
AB65-ASA1-AA1-AA2,15 13Section 15 . 175.35 (2j) (b) of the statutes is created to read:
AB65-ASA1-AA1-AA2,5,1814 175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm
15through a firearms dealer under sub. (2) (bm), or sells a firearm or transfers
16ownership of a firearm to a firearms dealer, the firearms dealer shall provide the
17person a written receipt documenting the dealer's participation in the sale or
18transfer.
AB65-ASA1-AA1-AA2,16 19Section 16 . 175.35 (2k) (ar) 2. of the statutes is amended to read:
AB65-ASA1-AA1-AA2,6,220 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a)
21against the information recorded by the department regarding the corresponding
22request for a firearms restrictions record search under sub. (2g). If the department
23previously provided a unique approval number regarding the request and nothing
24in the completed notification form indicates that the transferee is prohibited from
25possessing a firearm under s. 941.29, the department shall destroy all records

1regarding that firearms restrictions record search within 30 days after receiving the
2notification form.
AB65-ASA1-AA1-AA2,17 3Section 17 . 175.35 (2k) (c) 2. a. of the statutes is amended to read:
AB65-ASA1-AA1-AA2,6,64 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
5is conducting an investigation of a crime in which a handgun firearm was used or was
6attempted to be used or was unlawfully possessed.
AB65-ASA1-AA1-AA2,18 7Section 18 . 175.35 (2k) (c) 2. b. of the statutes is amended to read:
AB65-ASA1-AA1-AA2,6,118 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority
9within the Wisconsin law enforcement agency that he or she has a reasonable
10suspicion that the person who is the subject of the information request has obtained
11or is attempting to obtain a handgun firearm.
AB65-ASA1-AA1-AA2,19 12Section 19 . 175.35 (2k) (g) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,6,1613 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the
14transferee is prohibited from possessing a firearm under s. 941.29, the attorney
15general or his or her designee may shall disclose to a law enforcement agency that
16the transferee has attempted to obtain a handgun firearm.
AB65-ASA1-AA1-AA2,20 17Section 20 . 175.35 (2k) (h) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,6,2318 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge
19without a recorded disposition and the attorney general or his or her designee has
20reasonable grounds to believe the transferee may pose a danger to himself, herself
21or another, the attorney general or his or her designee may disclose to a law
22enforcement agency that the transferee has obtained or has attempted to obtain a
23handgun firearm.
AB65-ASA1-AA1-AA2,21 24Section 21 . 175.35 (2L) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,7,6
1175.35 (2L) The department of justice shall promulgate rules providing for the
2review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
3to purchase a handgun firearm because the firearms dealer received a nonapproval
4number under sub. (2g) (c) 4. a. may request a firearms restrictions record search
5review under those rules. If the person disagrees with the results of that review, the
6person may file an appeal under rules promulgated by the department.
AB65-ASA1-AA1-AA2,22 7Section 22 . 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
AB65-ASA1-AA1-AA2,7,98 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by
9regulations of the U.S. department of the treasury.
AB65-ASA1-AA1-AA2,7,1110 (b) Transfers of any handgun firearm between firearms dealers or between
11wholesalers and dealers.
AB65-ASA1-AA1-AA2,7,1312 (c) Transfers of any handgun firearm to law enforcement or armed services
13agencies.
AB65-ASA1-AA1-AA2,23 14Section 23 . 175.60 (7) (d) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,7,1615 175.60 (7) (d) A fee for a background check that is equal to the fee charged under
16s. 175.35 (2i) (a).
AB65-ASA1-AA1-AA2,24 17Section 24 . 175.60 (15) (b) 4. b. of the statutes is amended to read:
AB65-ASA1-AA1-AA2,7,1918 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged
19under s. 175.35 (2i) (a).
AB65-ASA1-AA1-AA2,25 20Section 25 . 938.208 (1) (b) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,7,2521 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed,
22used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d),
23short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
24defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
25under ch. 940 if committed by an adult.
AB65-ASA1-AA1-AA2,26
1Section 26. 938.34 (4m) (b) 2. of the statutes is amended to read:
AB65-ASA1-AA1-AA2,8,62 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a
3handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
4defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
5while committing a delinquent act that would be a felony under ch. 940 if committed
6by an adult.
AB65-ASA1-AA1-AA2,27 7Section 27 . 938.341 of the statutes is amended to read:
AB65-ASA1-AA1-AA2,8,11 8938.341 Delinquency adjudication; restriction on firearm possession.
9Whenever a court adjudicates a juvenile delinquent for an act that if committed by
10an adult in this state would be a felony or for a violation under s. 175.33 (3), the court
11shall inform the juvenile of the requirements and penalties under s. 941.29.
AB65-ASA1-AA1-AA2,28 12Section 28 . 941.237 (1) (d) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,8,1613 941.237 (1) (d) “Handgun" has the meaning given in s. 175.35 (1) (b) means any
14weapon designed or redesigned, or made or remade, and intended to be fired while
15held in one hand and to use the energy of an explosive to expel a projectile through
16a smooth or rifled bore
.
AB65-ASA1-AA1-AA2,29 17Section 29. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:
AB65-ASA1-AA1-AA2,8,1918 941.29 (1m) (dm) The person has been convicted of a misdemeanor under s.
19175.33 (3), unless at least 2 years have passed since the conviction.
AB65-ASA1-AA1-AA2,8,2120 (dn) The person has been adjudicated delinquent for a violation under s. 175.33
21(3), unless at least 2 years have passed since the adjudication.
AB65-ASA1-AA1-AA2,8,2422 (do) The person has been found not guilty of a misdemeanor under s. 175.33 (3)
23by reason of mental disease or defect, unless at least 2 years have passed since the
24finding.
AB65-ASA1-AA1-AA2,30 25Section 30 . 941.296 (1) (b) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,9,2
1941.296 (1) (b) “Handgun" has the meaning given in s. 175.35 (1) (b) 941.237
2(1) (d)
.
AB65-ASA1-AA1-AA2,31 3Section 31 . 968.20 (3) (b) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,9,254 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village,
5town or county or other custodian of a seized dangerous weapon or ammunition, if
6the dangerous weapon or ammunition is not required for evidence or use in further
7investigation and has not been disposed of pursuant to a court order at the
8completion of a criminal action or proceeding, shall make reasonable efforts to notify
9all persons who have or may have an authorized rightful interest in the dangerous
10weapon or ammunition of the application requirements under sub. (1). If, within 30
11days after the notice, an application under sub. (1) is not made and the seized
12dangerous weapon or ammunition is not returned by the officer under sub. (2), the
13city, village, town or county or other custodian may retain the dangerous weapon or
14ammunition and authorize its use by a law enforcement agency, except that a
15dangerous weapon used in the commission of a homicide or a handgun, as defined
16in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other
17than a firearm is not so retained, the city, village, town or county or other custodian
18shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor
19vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure
20under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village,
21town or county or other custodian shall ship it to the state crime laboratories and it
22is then the property of the laboratories. A person designated by the department of
23justice may destroy any material for which the laboratories have no use or arrange
24for the exchange of material with other public agencies. In lieu of destruction,
25shoulder weapons for which the laboratory has no use shall be turned over to the

1department of natural resources for sale and distribution of proceeds under s. 29.934
2or for use under s. 29.938.
AB65-ASA1-AA1-AA2,32 3Section 32 . 971.17 (1g) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,10,74 971.17 (1g) Notice of restriction on firearm possession. If the defendant
5under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (3), by
6reason of mental disease or defect, the court shall inform the defendant of the
7requirements and penalties under s. 941.29.
AB65-ASA1-AA1-AA2,33 8Section 33 . 973.176 (1) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,10,139 973.176 (1) Firearm possession. Whenever a court imposes a sentence or
10places a defendant on probation regarding a felony conviction or regarding a
11conviction for a misdemeanor under s. 175.33 (3)
, the court shall inform the
12defendant of the requirements and penalties applicable to him or her under s. 941.29
13(1m) or (4m).
AB65-ASA1-AA1-AA2,34 14Section 34 . Initial applicability.
AB65-ASA1-AA1-AA2,10,1615 (1) This act first applies to sales or transfers of ownership of firearms that occur
16on the effective date of this subsection.
AB65-ASA1-AA1-AA2,35 17Section 35 . Effective date.
AB65-ASA1-AA1-AA2,10,1918 (1) This act takes effect on the first day of the 7th month beginning after
19publication.”.
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