SB144, s. 2 9Section 2. 175.35 (1) (at) of the statutes is created to read:
SB144,3,1710 175.35 (1) (at) "Firearms restrictions record search" means a search of
11department of justice records to determine whether a person seeking to purchase a
12handgun is prohibited from possessing a firearm under s. 941.29. "Firearms
13restriction record search" includes a criminal history record search, a search to
14determine whether a person is prohibited from possessing a firearm under s. 51.20
15(13) (cv) and a search to determine whether the person is subject to an injunction
16under s. 813.12, 813.122 or 813.125 or a tribal injunction filed with the circuit court
17under s. 813.12 (9) (a).
SB144, s. 3 18Section 3. 175.35 (1) (bg) of the statutes is repealed.
SB144, s. 4 19Section 4. 175.35 (2) (c) of the statutes is amended to read:
SB144,4,220 175.35 (2) (c) The firearms dealer has conveyed the information from the
21completed notification form to the department of justice as required by rule under

1sub. (2g) (b) and requested a criminal history record search and involuntary
2commitment
firearms restrictions record search.
SB144, s. 5 3Section 5. 175.35 (2) (d) of the statutes is amended to read:
SB144,4,94 175.35 (2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c.,
5have elapsed from the time that the firearms dealer has received a confirmation
6number regarding the criminal history record search and involuntary commitment
7firearms restrictions record search under sub. (2g) (c) from the department of justice
8and the firearms dealer has not been notified that the transfer would be in violation
9of s. 941.29.
SB144, s. 6 10Section 6. 175.35 (2f) of the statutes is amended to read:
SB144,4,1811 175.35 (2f) When a firearms dealer requests that the department of justice
12provide a criminal history record search and involuntary commitment firearms
13restrictions
record search under sub. (2g), he or she shall provide truthful
14information about his or her status as a firearms dealer and shall provide an accurate
15firearms dealer identification number obtained under sub. (2h). A person may
16request that the department provide a criminal history record search and
17involuntary commitment
firearms restrictions record search under sub. (2g) only if
18he or she is a firearms dealer.
SB144, s. 7 19Section 7. 175.35 (2g) (b) of the statutes is amended to read:
SB144,5,220 175.35 (2g) (b) The department of justice shall promulgate rules prescribing
21a notification form for use under sub. (2) requiring the transferee to provide his or
22her name, date of birth, gender, race and social security number and other
23identification necessary to permit an accurate criminal history record search and
24involuntary commitment
firearms restrictions record search under par. (c) 3. and the

1required notification under par. (c) 4. The department of justice shall make the forms
2available at locations throughout the state.
SB144, s. 8 3Section 8. 175.35 (2g) (c) (intro.) of the statutes is amended to read:
SB144,5,74 175.35 (2g) (c) (intro.) The department of justice shall promulgate rules for
5criminal history record searches and involuntary commitment firearms restrictions
6record searches regarding transferees under sub. (2), including procedures for all of
7the following:
SB144, s. 9 8Section 9. 175.35 (2g) (c) 3. of the statutes is amended to read:
SB144,5,139 175.35 (2g) (c) 3. The department to conduct the criminal history record search
10and involuntary commitment
firearms restrictions record search regarding the
11transferee. The rules shall include, but not be limited to, a requirement that the
12department use the transaction information for management of enforcement system
13and the national crime information center system.
SB144, s. 10 14Section 10. 175.35 (2g) (c) 4. of the statutes is amended to read:
SB144,5,1815 175.35 (2g) (c) 4. The department to notify the dealer, either during the initial
16telephone call or as soon thereafter as practicable, of the results of the criminal
17history record search and involuntary commitment
firearms restrictions record
18search as follows:
SB144,5,2319 a. If the searches indicate search indicates that the transferee is prohibited
20from possessing a firearm under s. 941.29, the department shall provide the firearms
21dealer with a unique nonapproval number. The department may not disclose to the
22firearms dealer the reason the transferee is prohibited from possessing a firearm
23under s. 941.29.
SB144,6,3
1b. If the searches indicate search indicates that the transferee is not prohibited
2from possessing a firearm under s. 941.29, the department shall provide the firearms
3dealer with a unique approval number.
SB144,6,104 c. If the criminal history record search indicates a felony charge without a
5recorded disposition, the deadline under sub. (2) (d) is extended to the end of the 3rd
6complete working day commencing after the day on which the finding is made. The
7department shall notify the firearms dealer of the extension as soon as practicable.
8 During the extended period, the department shall make every reasonable effort to
9determine the disposition of the charge and notify the firearms dealer of the results
10as soon as practicable.
SB144, s. 11 11Section 11. 175.35 (2i) of the statutes is amended to read:
SB144,6,1812 175.35 (2i) The department shall charge a firearms dealer an $8 fee for each
13combined criminal history record search and involuntary commitment firearms
14restrictions
record search that the firearms dealer requests under sub. (2) (c). The
15firearms dealer may collect the fee from the transferee. The department may refuse
16to conduct criminal history record searches and involuntary commitment firearms
17restrictions
record searches for any firearms dealer who fails to pay any fee under
18this subsection within 30 days after billing by the department.
SB144, s. 12 19Section 12. 175.35 (2j) of the statutes is amended to read:
SB144,6,2520 175.35 (2j) A firearms dealer shall maintain the original record of all completed
21notification forms and a record of all confirmation numbers and corresponding
22approval or nonapproval numbers that he or she receives regarding criminal history
23record searches and involuntary commitment
firearms restrictions record searches
24under sub. (2g). The firearms dealer shall mail the duplicate copy of each completed
25notification form to the department of justice.
SB144, s. 13
1Section 13. 175.35 (2k) (a) 2. of the statutes is amended to read:
SB144,7,102 175.35 (2k) (a) 2. Check each duplicate notification form received under sub.
3(2j) against the information recorded by the department regarding the corresponding
4request for a criminal history record search and involuntary commitment firearms
5restrictions
record search under sub. (2g). If the department previously provided a
6unique approval number regarding the request and nothing in the duplicate
7completed notification form indicates that the transferee is prohibited from
8possessing a firearm under s. 941.29, the department shall destroy all records
9regarding that criminal history record search and involuntary commitment firearms
10restrictions
record search within 30 days after receiving the duplicate form.
SB144, s. 14 11Section 14. 175.35 (2k) (b) 2. a. of the statutes is amended to read:
SB144,7,1612 175.35 (2k) (b) 2. a. Except as provided in subd. 2. b., a log of dates of requests
13for criminal history record searches and involuntary commitment firearms
14restrictions
record searches under sub. (2g) together with confirmation numbers,
15unique approval and nonapproval numbers and firearms dealer identification
16numbers corresponding to those dates.
SB144, s. 15 17Section 15. 175.35 (2L) of the statutes is amended to read:
SB144,7,2418 175.35 (2L) The department of justice shall promulgate rules providing for the
19review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
20to purchase a handgun because the firearms dealer received a nonapproval number
21under sub. (2g) (c) 4. a. may request a criminal history record search and involuntary
22commitment
firearms restrictions record search review under those rules. If the
23person disagrees with the results of that review, the person may file an appeal under
24rules promulgated by the department.
SB144, s. 16 25Section 16. 813.12 (4m) of the statutes is created to read:
SB144,8,2
1813.12 (4m) Notice of restriction on firearm possession; surrender of
2firearms.
(a) An injunction issued under sub. (4) shall do all of the following:
SB144,8,43 1. Inform the respondent named in the petition of the requirements and
4penalties under s. 941.29.
SB144,8,125 2. Require the respondent to surrender any firearms that he or she owns or has
6in his or her possession to the sheriff of the county in which the action under this
7section was commenced, to the sheriff of the county in which the respondent resides
8or to another person designated by the respondent and approved by the judge or
9family court commissioner. If a firearm is surrendered to a person designated by the
10respondent and approved by the judge or family court commissioner, the judge or
11family court commissioner shall inform the person to whom the firearm is
12surrendered of the requirements and penalties under s. 941.29 (4).
SB144,8,1513 (b) A firearm surrendered under par. (a) 2. may not be returned to the
14respondent until a judge or family court commissioner determines all of the
15following:
SB144,8,1716 1. That the injunction issued under sub. (4) has been vacated or has expired and
17not been extended.
SB144,8,2018 2. That the person is not prohibited from possessing a firearm under any state
19or federal law or by the order of any federal court or state court, other than an order
20from which the judge or family court commissioner is competent to grant relief.
SB144,9,521 (c) If a respondent surrenders a firearm under par. (a) 2. that is owned by a
22person other than the respondent, the person who owns the firearm may apply for
23its return to the circuit court for the county in which the person to whom the firearm
24was surrendered is located. The court shall order such notice as it considers
25adequate to be given to all persons who have or may have an interest in the firearm

1and shall hold a hearing to hear all claims to its true ownership. If the right to
2possession is proved to the court's satisfaction, it shall order the firearm returned.
3If the court returns a firearm under this paragraph, the court shall inform the person
4to whom the firearm is returned of the requirements and penalties under s. 941.29
5(4).
SB144, s. 17 6Section 17. 813.12 (6) (am) of the statutes is created to read:
SB144,9,127 813.12 (6) (am) If an injunction is issued or extended under sub. (4) or if a tribal
8injunction is filed under sub. (9) (a), the clerk of the circuit court shall notify the
9department of justice of the injunction and shall provide the department of justice
10with information concerning the period during which the injunction is in effect and
11information necessary to identify the respondent for purposes of a firearms
12restrictions record search under s. 175.35 (2g) (c).
SB144, s. 18 13Section 18. 813.12 (9) (a) 4. of the statutes is created to read:
SB144,9,1514 813.12 (9) (a) 4. The tribal injunction includes notice to the respondent that he
15or she is subject to the requirements and penalties under s. 941.29.
SB144, s. 19 16Section 19. 813.122 (5m) of the statutes is created to read:
SB144,9,1817 813.122 (5m) Notice of restriction on firearm possession; surrender of
18firearms.
(a) An injunction issued under sub. (5) shall do all of the following:
SB144,9,2019 1. Inform the respondent named in the petition of the requirements and
20penalties under s. 941.29.
SB144,9,2521 2. Require the respondent to surrender any firearms that he or she owns or has
22in his or her possession to the sheriff of the county in which the action under this
23section was commenced, to the sheriff of the county in which the respondent resides
24or to another person designated by the respondent and approved by the judge or court
25commissioner. If a firearm is surrendered to a person designated by the respondent

1and approved by the judge or court commissioner, the judge or court commissioner
2shall inform the person to whom the firearm is surrendered of the requirements and
3penalties under s. 941.29 (4).
SB144,10,54 (b) A firearm surrendered under par. (a) 2. may not be returned to the
5respondent until a judge or court commissioner determines all of the following:
SB144,10,76 1. That the injunction issued under sub. (5) has been vacated or has expired and
7not been extended.
SB144,10,108 2. That the person is not prohibited from possessing a firearm under any state
9or federal law or by the order of any federal court or state court, other than an order
10from which the judge or court commissioner is competent to grant relief.
SB144,10,2011 (c) If a respondent surrenders a firearm under par. (a) 2. that is owned by a
12person other than the respondent, the person who owns the firearm may apply for
13its return to the circuit court for the county in which the person to whom the firearm
14was surrendered is located. The court shall order such notice as it considers
15adequate to be given to all persons who have or may have an interest in the firearm
16and shall hold a hearing to hear all claims to its true ownership. If the right to
17possession is proved to the court's satisfaction, it shall order the firearm returned.
18If the court returns a firearm under this paragraph, the court shall inform the person
19to whom the firearm is returned of the requirements and penalties under s. 941.29
20(4).
SB144, s. 20 21Section 20. 813.122 (9) (am) of the statutes is created to read:
SB144,11,222 813.122 (9) (am) If an injunction is issued or extended under sub. (5), the clerk
23of the circuit court shall notify the department of justice of the injunction and shall
24provide the department of justice with information concerning the period during

1which the injunction is in effect and information necessary to identify the respondent
2for purposes of a firearms restrictions record search under s. 175.35 (2g) (c).
SB144, s. 21 3Section 21. 813.125 (4m) of the statutes is created to read:
SB144,11,54 813.125 (4m) Notice of restriction on firearm possession; surrender of
5firearms.
(a) An injunction issued under sub. (4) shall do all of the following:
SB144,11,76 1. Inform the respondent named in the petition of the requirements and
7penalties under s. 941.29.
SB144,11,158 2. Require the respondent to surrender any firearms that he or she owns or has
9in his or her possession to the sheriff of the county in which the action under this
10section was commenced, to the sheriff of the county in which the respondent resides
11or to another person designated by the respondent and approved by the judge or court
12commissioner. If a firearm is surrendered to a person designated by the respondent
13and approved by the judge or court commissioner, the judge or court commissioner
14shall inform the person to whom the firearm is surrendered of the requirements and
15penalties under s. 941.29 (4).
SB144,11,1716 (b) A firearm surrendered under par. (a) 2. may not be returned to the
17respondent until a judge or court commissioner determines all of the following:
SB144,11,1918 1. That the injunction issued under sub. (4) has been vacated or has expired and
19not been extended.
SB144,11,2220 2. That the person is not prohibited from possessing a firearm under any state
21or federal law or by the order of any federal court or state court, other than an order
22from which the judge or court commissioner is competent to grant relief.
SB144,12,723 (c) If a respondent surrenders a firearm under par. (a) 2. that is owned by a
24person other than the respondent, the person who owns the firearm may apply for
25its return to the circuit court for the county in which the person to whom the firearm

1was surrendered is located. The court shall order such notice as it considers
2adequate to be given to all persons who have or may have an interest in the firearm
3and shall hold a hearing to hear all claims to its true ownership. If the right to
4possession is proved to the court's satisfaction, it shall order the firearm returned.
5If the court returns a firearm under this paragraph, the court shall inform the person
6to whom the firearm is returned of the requirements and penalties under s. 941.29
7(4).
SB144, s. 22 8Section 22. 813.125 (5r) of the statutes is created to read:
SB144,12,149 813.125 (5r) Notice to department of justice. If an injunction is issued or
10extended under sub. (4), the clerk of the circuit court shall notify the department of
11justice of the injunction and shall provide the department of justice with information
12concerning the period during which the injunction is in effect and information
13necessary to identify the respondent for purposes of a firearms restrictions record
14search under s. 175.35 (2g) (c).
SB144, s. 23 15Section 23. 941.29 (1) (f) of the statutes is created to read:
SB144,12,1716 941.29 (1) (f) Enjoined under an injunction issued under s. 813.12, 813.122 or
17813.125 or under a tribal injunction that has been filed under s. 813.12 (9) (a).
SB144, s. 24 18Section 24. 941.29 (2) of the statutes is renumbered 941.29 (2) (intro.) and
19amended to read:
SB144,12,2120 941.29 (2) (intro.) Any A person specified in sub. (1) who, is guilty of a Class
21E felony if he or she possesses a firearm under any of the following circumstances:
SB144,12,23 22(a) The person possesses a firearm subsequent to the conviction for the felony
23or other crime, as specified in sub. (1), (a) or (b).
SB144,12,25 24(b) The person possesses a firearm subsequent to the adjudication, as specified
25in sub. (1) (bm), or.
SB144,13,3
1(c) The person possesses a firearm subsequent to the finding of not guilty or not
2responsible by reason of insanity or mental disease, defect or illness , possesses a
3firearm is guilty of a Class E felony
as specified in sub. (1) (c) or (d).
SB144, s. 25 4Section 25. 941.29 (2) (d) of the statutes is created to read:
SB144,13,65 941.29 (2) (d) The person possesses a firearm while subject to the court order,
6as specified in sub. (1) (e).
SB144, s. 26 7Section 26. 941.29 (2) (e) of the statutes is created to read:
SB144,13,98 941.29 (2) (e) The person possesses a firearm while the injunction, as specified
9in sub. (1) (f), is in effect.
SB144, s. 27 10Section 27. Initial applicability.
SB144,13,14 11(1)  Criminal penalties for possession of a firearm. The treatment of section
12941.29 (1) (f) and (2) of the statutes and the creation of section 941.29 (2) (d) and (e)
13of the statutes first apply to persons who possess a firearm on the effective date of
14this subsection.
SB144,13,18 15(2)  Firearms restrictions record searches. The treatment of section 175.35
16(1) (at) and (bg), (2) (c) and (d), (2f), (2g) (b) and (c) (intro.), 3. and 4., (2i), (2j), (2k)
17(a) 2. and (b) 2.a. and (2L) of the statutes first applies to the sale of a handgun on the
18effective date of this subsection.
SB144,13,19 19(3)  Proceedings for injunctions.
SB144,13,22 20(a)  The treatment of section 813.12 (4m), (6) (am) and (9) (a) 4. of the statutes
21first applies to proceedings in which a petition is filed, under section 813.12 (2) of the
22statutes, on the effective date of this paragraph.
SB144,13,25 23(b)  The treatment of section 813.122 (5m) and (9) (am) of the statutes first
24applies to proceedings in which a petition is filed, under section 813.122 (2) of the
25statutes, on the effective date of this paragraph.
SB144,14,3
1(c)  The treatment of section 813.125 (4m) and (5r) of the statutes first applies
2to proceedings in which a petition is filed, under section 813.125 (2) of the statutes,
3on the effective date of this paragraph.
SB144,14,44 (End)
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