LRB-2069/1
PJH:bjk:ph
2009 - 2010 LEGISLATURE
August 12, 2009 - Introduced by Representatives Gunderson, Berceau, Ballweg,
Bies, Brooks, Hintz, Knodl, Lothian, Petersen, Ripp, Smith, Spanbauer,
Townsend, Vos and
Zigmunt, cosponsored by Senators Darling, Lazich and
Schultz. Referred to Committee on Criminal Justice.
AB373,1,5
1An Act to renumber and amend 175.35 (3); and
to create 175.35 (3) (b) and
2175.35 (4) of the statutes;
relating to: providing information to a firearms
3dealer when purchasing a handgun, authorizing the Department of Justice to
4prosecute violations of certain laws regulating firearms, and providing
5penalties.
Analysis by the Legislative Reference Bureau
Under current law, a federally licensed firearms dealer may not transfer a
handgun to a person following a sale until the person has provided identification to
the firearms dealer and has completed a notification form prescribed by the
Department of Justice (DOJ) that requires the person to provide his or her name,
date of birth, gender, race, and social security number and other identifying
information. The firearms dealer must then convey the information from the
completed notification form to DOJ so that DOJ can conduct a background check to
determine whether the person is prohibited from possessing a firearm. A person
completing the notification form must provide truthful information on the form. If
a person intentionally provides false information, he or she must be fined not less
than $500 nor more than $10,000 and may be imprisoned for not more than nine
months.
This bill provides that a person who intentionally gives false information on his
or her notification form regarding whether the person is purchasing a firearm with
the purpose or intent of transferring the firearm to another person who is presently
prohibited from possessing a firearm is guilty of a Class H felony and may be fined
not less than $500. A Class H felony is punishable by a fine not to exceed $10,000,
imprisonment not to exceed six years, or both. The bill also authorizes DOJ to
prosecute such a violation.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB373, s. 1
1Section
1. 175.35 (3) of the statutes is renumbered 175.35 (3) (a) and amended
2to read:
AB373,2,53
175.35
(3) (a) Any person who intentionally violates sub. (2),
(2e), (2f)
, or (2j)
4shall be fined not less than $500 nor more than $10,000 and may be imprisoned for
5not more than 9 months.
AB373, s. 2
6Section
2. 175.35 (3) (b) of the statutes is created to read:
AB373,2,97
175.35
(3) (b) 1. Except as provided in subd. 2., a person who intentionally
8violates sub. (2e) shall be fined not less than $500 nor more than $10,000 and may
9be imprisoned for not more than 9 months.
AB373,2,1410
2. A person who violates sub. (2e) by intentionally providing false information
11regarding whether he or she is purchasing a firearm with the purpose or intent of
12transferring it to a person who is presently prohibited from possessing a firearm
13under state or federal law is guilty of a Class H felony and shall be fined not less than
14$500.
AB373, s. 3
15Section
3. 175.35 (4) of the statutes is created to read:
AB373,3,316
175.35
(4) The department of justice or the district attorney may institute,
17manage, control, and direct, in the proper county, a prosecution for violation of sub.
1(2e) that is punishable under sub. (3) (b) 2. When prosecuting such violations, the
2department of justice shall have and exercise all powers conferred upon district
3attorneys.
AB373,3,65
(1) The treatment of section 175.35 (3) (b) of the statutes first applies to offenses
6committed on the effective date of this subsection.
