LRB-1571/1
CMH:nwn:rs
2011 - 2012 LEGISLATURE
August 11, 2011 - Introduced by Senators S. Coggs and Risser, cosponsored by
Representatives Young, Staskunas, Berceau and Fields. Referred to
Committee on Judiciary, Utilities, Commerce, and Government Operations.
SB168,1,6 1An Act to amend 175.35 (2f), 175.35 (2g) (b), 175.35 (2g) (c) (intro.), 175.35 (2i),
2175.35 (2j), 175.35 (2k) (ar) 2., 175.35 (2k) (b) 2. a., 175.35 (2k) (g), 175.35 (2k)
3(h) and 175.35 (3); and to create 175.35 (2g) (c) 5. and 175.35 (2gm) of the
4statutes; relating to: requiring a firearms restrictions record search for
5transfers of handguns that do not involve a firearms dealer, requiring the
6exercise of rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a firearms dealer must request that the Department of
Justice (DOJ) perform a firearms restrictions record search on a handgun purchaser
before the dealer may complete a sale of a handgun to the purchaser. If DOJ does
not identify any firearms restrictions or if DOJ fails to complete the record search
within 48 hours after receiving the request, subject to a limited extension, the
firearms dealer may complete the sale. A person may be prohibited from possessing
a firearm for several reasons, including that he or she is a felon or, in connection with
a civil commitment or a domestic abuse injunction, has been ordered not to possess
a firearm. A firearms dealer who intentionally violates the firearms restrictions
record search requirements or a handgun purchaser who intentionally provides false
information to a firearms dealer in connection with a record search is subject to a fine
of not less than $500 and not more than $10,000 and may be imprisoned for up to nine
months.

This bill requires a firearms restrictions record search for transfers of
handguns that do not involve a firearms dealer. A person who is not a firearms dealer
may not transfer a handgun to another person who is not a firearms dealer unless
all of the following steps are completed: the person who is to receive the handgun
submits a request to a firearms dealer for a record search; the firearms dealer
requests that DOJ perform the record search; and the firearms dealer notifies the
person who is transferring the handgun either that the record search did not reveal
any firearms restrictions for the person who is to receive the handgun or that the
time period for running a record search expired. The bill allows a firearms dealer to
charge the person who is to receive the handgun the $13 fee charged by DOJ for
record searches plus an additional $5. Any person who intentionally transfers a
handgun in violation of the requirements in this bill or any transferee who
intentionally provides false information in connection with a firearms restrictions
record search is subject to a fine of not less than $500 and not more than $10,000 and
may be imprisoned for up to nine months.
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 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:
SB168, s. 1 1Section 1. 175.35 (2f) of the statutes is amended to read:
SB168,2,72 175.35 (2f) When a firearms dealer requests that the department of justice
3provide a firearms restrictions record search under sub. (2g) or (2gm), he or she shall
4provide truthful information about his or her status as a firearms dealer and shall
5provide an accurate firearms dealer identification number obtained under sub. (2h).
6A person may request that the department provide a firearms restrictions record
7search under sub. (2g) or (2gm) only if he or she is a firearms dealer.
SB168, s. 2 8Section 2. 175.35 (2g) (b) of the statutes is amended to read:
SB168,3,39 175.35 (2g) (b) The department of justice shall promulgate rules prescribing
10a notification form for use under sub. subs. (2) and (2gm) requiring the transferee to
11provide his or her name, date of birth, gender, race and social security number and

1other identification necessary to permit an accurate firearms restrictions record
2search under par. (c) 3. and the required notification under par. (c) 4. The department
3of justice shall make the forms available at locations throughout the state.
SB168, s. 3 4Section 3. 175.35 (2g) (c) (intro.) of the statutes is amended to read:
SB168,3,75 175.35 (2g) (c) (intro.) The department of justice shall promulgate rules for
6firearms restrictions record searches regarding transferees under sub. subs. (2) and
7(2gm)
, including procedures for all of the following:
SB168, s. 4 8Section 4. 175.35 (2g) (c) 5. of the statutes is created to read:
SB168,3,119 175.35 (2g) (c) 5. A firearms dealer to notify a transferor under sub. (2gm) in
10writing of the results of a firearms restrictions record search regarding a transferee
11who requests a firearms restrictions record search under sub. (2gm) (a) 1.
SB168, s. 5 12Section 5. 175.35 (2gm) of the statutes is created to read:
SB168,3,1513 175.35 (2gm) (a) A person other than a firearms dealer may not transfer a
14handgun to another person who is not a firearms dealer unless all of the following
15have occurred:
SB168,3,1616 1. The transferee has done all of the following:
SB168,3,1817 a. Provided identification to a firearms dealer as required by rule under sub.
18(2g) (a).
SB168,3,1919 b. Completed a notification form described under sub. (2g) (b).
SB168,3,2120 c. Provided the firearms dealer the name, address, and telephone number of
21the transferor from whom the transferee intends to obtain a handgun.
SB168,4,222 2. The transferor receives written notification from a firearms dealer that the
23dealer requested the department of justice to conduct a firearms restrictions record
24search regarding the transferee and either the department issued a unique approval
25number for the transferee under sub. (2g) (c) 4. b. or the department did not complete

1a firearms restrictions record search within the time period under sub. (2) (d) or (2g)
2(c) 4. c.
SB168,4,53 (b) If the transferee in a transaction to which par. (a) applies requests that a
4firearms dealer request a firearms restrictions record search regarding the
5transferee, the firearms dealer shall do all of the following:
SB168,4,76 1. Inspect identification provided by a transferee under par. (a) 1. a. as required
7by rule under sub. (2g) (a).
SB168,4,118 2. Promptly after receiving a completed notification form under par. (a) 1. b.,
9convey the information from the completed notification form to the department of
10justice as required by rule under sub. (2g) (b) and request a firearms restrictions
11records search.
SB168,4,1612 3. Promptly notify the transferor identified under par. (a) 1. c. in writing as
13provided by rule under sub. (2g) (c) 5. of an approval or denial issued by the
14department of justice under sub. (2g) (c) 4. or of the expiration of an applicable
15deadline for completing a firearms restrictions record search under sub. (2) (d) or (2g)
16(c) 4. c.
SB168,4,1917 (c) The department of justice shall conduct a firearms restrictions record search
18requested by a firearms dealer under par. (b) 2. and notify the dealer of the results
19of the search as provided by rule under sub. (2g) (c) 4.
SB168,4,2220 (d) A firearms dealer may charge a transferee the fee under sub. (2i) plus $5
21for requesting the department of justice to conduct a firearms restrictions record
22search of the transferee under this subsection.
SB168, s. 6 23Section 6. 175.35 (2i) of the statutes is amended to read:
SB168,5,424 175.35 (2i) The department shall charge a firearms dealer a $13 fee for each
25firearms restrictions record search that the firearms dealer requests under sub. (2)

1(c) or (2gm) (b) 2. The firearms dealer may collect the fee from the transferee. The
2department may refuse to conduct firearms restrictions record searches for any
3firearms dealer who fails to pay any fee under this subsection within 30 days after
4billing by the department.
SB168, s. 7 5Section 7. 175.35 (2j) of the statutes is amended to read:
SB168,5,106 175.35 (2j) A firearms dealer shall maintain the original record of all completed
7notification forms and a record of all confirmation numbers and corresponding
8approval or nonapproval numbers that he or she receives regarding firearms
9restrictions record searches under sub. (2g) or (2gm). The firearms dealer shall mail
10the duplicate copy of each completed notification form to the department of justice.
SB168, s. 8 11Section 8. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB168,5,1912 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub.
13(2j) against the information recorded by the department regarding the corresponding
14request for a firearms restrictions record search under sub. (2g) or (2gm). If the
15department previously provided a unique approval number regarding the request
16and nothing in the duplicate completed notification form indicates that the
17transferee is prohibited from possessing a firearm under s. 941.29, the department
18shall destroy all records regarding that firearms restrictions record search within 30
19days after receiving the duplicate form.
SB168, s. 9 20Section 9. 175.35 (2k) (b) 2. a. of the statutes is amended to read:
SB168,5,2421 175.35 (2k) (b) 2. a. Except as provided in subd. 2. b., a log of dates of requests
22for firearms restrictions record searches under sub. (2g) or (2gm) together with
23confirmation numbers, unique approval and nonapproval numbers and firearms
24dealer identification numbers corresponding to those dates.
SB168, s. 10 25Section 10. 175.35 (2k) (g) of the statutes is amended to read:
SB168,6,4
1175.35 (2k) (g) If a search conducted under sub. (2g) or (2gm) indicates that the
2transferee is prohibited from possessing a firearm under s. 941.29, the attorney
3general or his or her designee may disclose to a law enforcement agency that the
4transferee has attempted to obtain a handgun.
SB168, s. 11 5Section 11. 175.35 (2k) (h) of the statutes is amended to read:
SB168,6,116 175.35 (2k) (h) If a search conducted under sub. (2g) or (2gm) indicates a felony
7charge without a recorded disposition and the attorney general or his or her designee
8has reasonable grounds to believe the transferee may pose a danger to himself,
9herself or another, the attorney general or his or her designee may disclose to a law
10enforcement agency that the transferee has obtained or has attempted to obtain a
11handgun.
SB168, s. 12 12Section 12. 175.35 (3) of the statutes is amended to read:
SB168,6,1513 175.35 (3) Any person who intentionally violates sub. (2), (2e), (2f), (2gm) (a),
14or (2j) shall be fined not less than $500 nor more than $10,000 and may be imprisoned
15for not more than 9 months.
SB168, s. 13 16Section 13. Effective date.
SB168,6,1817 (1) This act takes effect on the first day of the 13th month beginning after
18publication.
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