LRB-2306/1
JEO:cmh:km
1999 - 2000 LEGISLATURE
March 30, 1999 - Introduced by Representatives Bock, Urban, Pocan, Miller,
Cullen, Turner, La Fave, Boyle, Riley
and Berceau, cosponsored by Senators
George, Burke, Darling and Risser. Referred to Committee on Natural
Resources.
AB257,1,3 1An Act to renumber and amend 175.37 (1); to amend 175.37 (title) and 175.37
2(2); and to create 175.37 (1d), 175.37 (1m) and 175.37 (1x) of the statutes;
3relating 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. Any person who fails to provide this warning when
selling or transferring a firearm may be fined not more than $500 or imprisoned for
not more than 30 days or both.
This bill prohibits a federally licensed firearms dealer from transferring a
handgun to another person without also providing the person taking possession of
the handgun with a locking device for the handgun, unless the person taking
possession of the handgun is another firearms dealer, a governmental department
or agency or a law enforcement officer who will be using the handgun for law
enforcement purposes. The bill defines "locking device" as a device that is installed
on or incorporated into the design of a firearm, that is secured by a means of a key
or combination lock and that prevents discharge of the firearm unless it is removed,
unlocked or deactivated. A person who violates the prohibition on transferring a

handgun without a locking device may be fined not more than $500 or imprisoned
for not more than 30 days or both.
The bill also expands the language that must be included in the warning
required under current law when a firearm is sold or transferred. Under the bill, the
warning must also state that the use of a locking device is only one aspect of
responsible firearm storage, that firearms should be stored unloaded and locked in
a place that is inaccessible to children and separate from ammunition for the firearm
and that failure to lock and store a firearm properly may result in civil liability. The
bill also provides that the warning does not have to be provided if the firearm is being
sold or transferred to another firearms dealer, a governmental department or agency
or a law enforcement officer who will be using the handgun for law enforcement
purposes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB257, s. 1 1Section 1. 175.37 (title) of the statutes is amended to read:
AB257,2,3 2175.37 (title) Warning whenever Locking device required when
3transferring a handgun; warning required when
transferring a firearm.
AB257, s. 2 4Section 2. 175.37 (1) of the statutes is renumbered 175.37 (1s) and amended
5to read:
AB257,3,36 175.37 (1s) Warning upon transfer of firearm. Upon Except as provided in
7sub. (1x), upon
the retail commercial sale or retail commercial transfer of any
8firearm, the seller or transferor shall provide to the buyer or transferee the following
9written warning in block letters not less than one-fourth inch in height: "THE USE
10OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE ASPECT OF
11RESPONSIBLE FIREARM STORAGE. FIREARMS SHOULD BE STORED
12UNLOADED AND LOCKED IN A LOCATION THAT IS BOTH SEPARATE FROM
13THEIR AMMUNITION AND INACCESSIBLE TO CHILDREN. FAILURE TO
14LOCK AND STORE YOUR FIREARM PROPERLY MAY RESULT IN CIVIL
15LIABILITY, AND
IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR

1EASY ACCESS OF A CHILD YOU MAY BE FINED OR IMPRISONED OR BOTH
2IF THE CHILD IMPROPERLY DISCHARGES, POSSESSES OR EXHIBITS THE
3FIREARM."
AB257, s. 3 4Section 3. 175.37 (1d) of the statutes is created to read:
AB257,3,55 175.37 (1d) Definitions. In this section:
AB257,3,66 (a) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB257,3,77 (b) "Handgun" has the meaning given in s. 175.35 (1) (b).
AB257,3,88 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB257,3,119 (d) "Locking device" means a device that is installed on or incorporated into the
10design of a firearm, that is secured by a key or combination lock and that prevents
11discharge of the firearm unless it is removed, unlocked or deactivated.
AB257, s. 4 12Section 4. 175.37 (1m) of the statutes is created to read:
AB257,3,1713 175.37 (1m) Locking device required for certain sales or transfers of
14handguns.
(a) Except as provided in sub. (1x), when a firearms dealer sells or
15transfers any handgun, the firearms dealer may not transfer possession of the
16handgun to another person unless the firearms dealer provides the person taking
17possession of the handgun with a locking device for that handgun.
AB257,3,2118 (b) Paragraph (a) does not prohibit a firearms dealer from charging the person
19who is buying a handgun or the person to whom a handgun is being transferred for
20the locking device in addition to the purchase price or any transfer fee charged for
21the handgun.
AB257, s. 5 22Section 5. 175.37 (1x) of the statutes is created to read:
AB257,3,2423 175.37 (1x) Exceptions. Subsections (1m) (a) and (1s) do not apply if the person
24taking possession of the firearm is any of the following:
AB257,3,2525 (a) Another firearms dealer.
AB257,4,2
1(b) A law enforcement officer who will be using the firearm for law enforcement
2purposes.
AB257,4,43 (c) A department or agency of the United States, this state or a political
4subdivision of this state.
AB257, s. 6 5Section 6. 175.37 (2) of the statutes is amended to read:
AB257,4,76 175.37 (2) Penalty. Any person who violates sub. (1) this section may be fined
7not more than $500 or imprisoned for not more than 30 days or both.
AB257, s. 7 8Section 7. Initial applicability.
AB257,4,109 (1) This act applies to the transfer of a firearm that occurs on or after the
10effective date of this subsection.
AB257, s. 8 11Section 8. Effective date.
AB257,4,1312 (1) This act takes effect on the first day of the 4th month beginning after
13publication.
AB257,4,1414 (End)
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