SB492: Bill Text

LRB-0572/1

MGD:jld:pg

2001 - 2002 LEGISLATURE

2001 Senate BILL 492

March 8, 2002 - Introduced by Senators Burke, Erpenbach and Risser, cosponsored by Representative Colon. Referred to Committee on Judiciary, Consumer Affairs, and Campaign Finance Reform.

SB492,1,9 An Act to renumber 175.35 (2) (a) to (d) and 175.35 (2j); to renumber and amend 175.35 (2) (intro.) and 175.35 (3); to amend 29.921 (1), 29.931 (2) (a), 175.35 (1) (b), 175.35 (2g) (b), 175.35 (2g) (c) (intro.), 175.35 (2g) (c) 4. c., 175.35 (2i), 175.35 (2k) (ar) 2., 938.208 (1) (c), 938.34 (4m) (b) 3., 938.78 (3), 948.60 (title), 948.60 (1) and 968.255 (1) (a) 2.; and to create 175.33, 175.35 (2b), 175.35 (2c) (intro.), 175.35 (2j) (b), 175.35 (3) (a) and 948.59 of the statutes; relating to: the sale and purchase of handguns, handgun purchaser background checks, handgun possession by or handgun transfers involving younger persons, and providing penalties.

Analysis by the Legislative Reference Bureau

Transfers of handguns generally

Under current law, no federally licensed firearms dealer may transfer a handgun following a sale until various requirements are met. These requirements include a firearms restrictions record search (background check) of the prospective handgun owner by the department of justice (DOJ) and a waiting period of 48 hours that begins running when DOJ gives the dealer confirmation that it has received the dealer's request for a background check. A firearms dealer who transfers a handgun in violation of the background check and 48-hour waiting period requirements must be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than nine months. This bill increases the maximum term of imprisonment for such violations to five years.

This bill also establishes additional restrictions on the sale or transfer of ownership of handguns. In particular, the bill prohibits a person from selling or transferring ownership of a handgun, or purchasing or obtaining ownership of a handgun, unless: 1) one of the parties is a federally licensed firearms dealer; 2) the seller or transferor makes the sale or transfer to or through such a dealer; or 3) the seller or transferor is transferring ownership of the handgun by gift, bequest, or inheritance to another family member, and the other family member is legally permitted to possess it. In addition, under the bill, the background check and 48-hour waiting period requirements apply to any sale or transfer made through a dealer. A person who intentionally violates any of these new provisions must be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than five years.

Finally, current law requires DOJ to promulgate certain rules relating to information that a person acquiring a handgun through a firearms dealer must provide the dealer. Among other things, the rules must require that the person provide the dealer his or her social security number. The bill eliminates this requirement.

Handgun possession by and handgun transfers involving younger persons

Under current law, no person under 18 years of age may possess a handgun or any other dangerous weapon. A person who violates this prohibition may be fined not more than $10,000 or imprisoned for not more than nine months or both. In addition, no person may intentionally provide a handgun or any other dangerous weapon to a person under 18 years of age. A person who violates this prohibition may be fined not more than $10,000 or imprisoned for not more than five years or both. Both of these prohibitions are subject to certain exceptions relating to the possession of the weapon for target practice or in connection with a course relating to its use; during military service; or for hunting. This bill increases the age at which a person may legally possess a handgun, other than a handgun that the person already legally owns, to 21 years of age. The bill also increases the age at which a person may be legally provided a handgun to 21 years of age. In addition, the bill creates a new exception to these prohibitions to permit law enforcement officers who are under 21 years of age to possess a handgun.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

SB492, s. 1 Section 1. 29.921 (1) of the statutes is amended to read:

SB492,3,11 29.921 (1) Generally. The department and its wardens may execute and serve warrants and processes issued under any law enumerated in ss. 23.50 (1), 167.31, 346.19, 940.24, 941.20, 948.59, 948.60, 948.605 and 948.61 in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the officer has probable cause to believe is guilty of a violation of any of the laws cited in this subsection, whether the violation is punishable by criminal penalties or by forfeiture, and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing any of the laws cited in this subsection, any officer may stop and board any boat and stop any vehicle, if the officer reasonably suspects there is a violation of those sections.

SB492, s. 2 Section 2. 29.931 (2) (a) of the statutes is amended to read:

SB492,3,24 29.931 (2) (a) The department and its wardens shall seize and hold, subject to the order of the court for the county in which the alleged offense was committed, any vehicle, boat or object declared by this chapter to be a public nuisance, or which they have probable cause to believe is being used in violation of this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.59, 948.60, 948.605 or 948.61 or is being used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47. If it is proven that the vehicle, boat or object is a public nuisance or that within 6 months previous to the seizure the vehicle, boat or object was used in violation of this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61 or was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47, it shall be confiscated if the court directs in its order for judgment.

SB492, s. 3 Section 3. 175.33 of the statutes is created to read:

SB492,4,1 175.33 Transfer of handguns; license required. (1) In this section:

SB492,4,2 (a) "Department" means the department of justice.

SB492,4,5 (b) "Family member" means a spouse, parent, grandparent, great grandparent, child, grandchild, great grandchild, brother, sister, uncle, aunt, nephew, or niece. The relationship may be by blood, marriage, or adoption.

SB492,4,6 (c) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

SB492,4,7 (d) "Handgun" has the meaning given in s. 175.35 (1) (b).

SB492,4,9 (2) No person may sell or transfer ownership of a handgun, or purchase or obtain ownership of a handgun, unless one of the following applies:

SB492,4,10 (a) The seller or transferor is a firearms dealer.

SB492,4,12 (b) The seller or transferor makes the sale or transfer to or through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

SB492,4,14 (c) The sale or transfer of ownership of the handgun is one of the transfers listed under s. 175.35 (2t).

SB492,4,18 (d) The seller or transferor is selling or transferring ownership of the handgun to a family member by gift, bequest, or inheritance, the buyer or transferee is at least 21 years of age, and the buyer or transferee is not prohibited from possessing a firearm under s. 941.29.

SB492,4,20 (3) Any person who intentionally violates sub. (2) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 5 years.

SB492, s. 4 Section 4. 175.35 (1) (b) of the statutes is amended to read:

SB492,4,25 175.35 (1) (b) "Handgun" means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive explosion or other form of combustion to expel a projectile through a smooth or rifled bore.

SB492, s. 5 Section 5. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) and amended to read:

SB492,5,5 175.35 (2) When a firearms dealer sells a handgun, he or she may not transfer possession of that handgun to any other person until all of the following have occurred: requirements of sub. (2c) have been met.

SB492, s. 6 Section 6. 175.35 (2) (a) to (d) of the statutes are renumbered 175.35 (2c) (a) to (d).

SB492, s. 7 Section 7. 175.35 (2b) of the statutes is created to read:

SB492,5,15 175.35 (2b) When a person sells a handgun or transfers ownership of a handgun through a firearms dealer, the person may not transfer possession of that handgun to any person other than the firearms dealer, and the firearms dealer may not transfer or authorize the transfer of possession of that handgun to any person, until all of the requirements of sub. (2c) have been met. This subsection does not apply if a person sells a handgun or transfers ownership of a handgun to a firearms dealer.

SB492, s. 8 Section 8. 175.35 (2c) (intro.) of the statutes is created to read:

SB492,5,18 175.35 (2c) All of the following must occur before a sale or transfer occurs under sub. (2) or (2b):

SB492, s. 9 Section 9. 175.35 (2g) (b) of the statutes is amended to read:

SB492,6,2 175.35 (2g) (b) The department of justice shall promulgate rules prescribing a notification form for use under sub. (2) (2c) (b) requiring the transferee to provide his or her name, date of birth, gender, and race and social security number and other identification or information necessary to permit an accurate firearms restrictions record search under par. (c) 3. and the required notification under par. (c) 4. The department of justice shall make the forms available at locations throughout the state.

SB492, s. 10 Section 10. 175.35 (2g) (c) (intro.) of the statutes is amended to read:

SB492,6,6 175.35 (2g) (c) (intro.) The department of justice shall promulgate rules for firearms restrictions record searches regarding transferees under sub. subs. (2) and (2b), including procedures for all of the following:

SB492, s. 11 Section 11. 175.35 (2g) (c) 4. c. of the statutes is amended to read:

SB492,6,14 175.35 (2g) (c) 4. c. If the search indicates a felony charge without a recorded disposition, the deadline under sub. (2) (2c) (d) is extended to the end of the 3rd complete working day commencing after the day on which the finding is made. The department shall notify the firearms dealer of the extension as soon as practicable. During the extended period, the department shall make every reasonable effort to determine the disposition of the charge and notify the firearms dealer of the results as soon as practicable.

SB492, s. 12 Section 12. 175.35 (2i) of the statutes is amended to read:

SB492,6,21 175.35 (2i) The department shall charge a firearms dealer an $8 fee for each firearms restrictions record search that the firearms dealer requests under sub. (2) (2c) (c). The firearms dealer may collect the fee from the transferee or, if the transfer is made under sub. (2b), from the transferor. The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection within 30 days after billing by the department.

SB492, s. 13 Section 13. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).