SB217: Bill Text

LRB-3286/1

JEO:skg:km

1995 - 1996 LEGISLATURE

1995 Senate BILL 217

May 23, 1995 - Introduced by Senators Wineke, Burke, Rosenzweig and Plewa, cosponsored by Representatives Urban, R. Young, Bell, Robson, Notestein, Boyle, Bock, Riley, Travis, Baldwin, Hanson, Carpenter, Cullen, Ladwig and Wasserman. Referred to Committee on Judiciary.

SB217,1,2 An Act to create 175.36 of the statutes; relating to: the transfer of firearms and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law provides that various 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. Current law also requires that upon the retail sale or transfer of any firearm, the person who is selling or transferring the firearm must provide a warning to the person buying or receiving the firearm about the possible criminal penalties that may be imposed if a person leaves a loaded firearm within the reach or easy access of a child.

This bill prohibits a federally licensed firearms dealer from transferring any firearm unless the firearm is securely locked with a trigger lock. The bill also prohibits any person from accepting the transfer of a firearm from a federally licensed firearms dealer unless the firearm is securely locked with a trigger lock. Any person who violates the bill's prohibitions may be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB217, s. 1 Section 1. 175.36 of the statutes is created to read:

SB217,1,7 175.36 Trigger lock required upon transfer of firearm. (1) In this section, "firearms dealer" means any person engaged in the business of importing, manufacturing or dealing in firearms and having a license as an importer, manufacturer or dealer issued by the U.S. department of the treasury.

SB217,2,3 (2) (a) When a firearms dealer sells or transfers any firearm, he or she may not transfer possession of that firearm to any other person unless the firearm is securely locked with a trigger lock.

SB217,2,6 (b) No person who is buying a firearm or to whom a firearm is being transferred from a firearms dealer may take possession of the firearm unless it is securely locked with a trigger lock.

SB217,2,9 (c) This subsection does not prohibit a firearms dealer from charging the person who is buying a firearm or the person to whom the firearm is being transferred for the trigger lock in addition to the purchase price charged for the firearm.

SB217,2,11 (3) Any person who violates sub. (2) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB217, s. 2 Section 2. Initial applicability.

SB217,2,14 (1)  Trigger lock required upon transfer of firearm. This act first applies to the transfer of a firearm on the effective date of this subsection.

SB217,2,15 (End)