AB138,2 4Section 2. 175.33 of the statutes is created to read:
AB138,2,5 5175.33 Transfer of firearms. (1) In this section:
AB138,2,76 (a) "Family member" means a spouse, parent, grandparent, sibling, child, or
7grandchild. The relationship may be by blood, marriage, or adoption.
AB138,2,88 (b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB138,2,10 9(2) No person may sell or transfer ownership of a firearm, or purchase or obtain
10ownership of a firearm, unless one of the following applies:
AB138,2,1111 (a) The seller or transferor is a firearms dealer.
AB138,2,1312 (b) The seller or transferor makes the sale or transfer to or through a firearms
13dealer and obtains a receipt under s. 175.35 (2j) (b).
AB138,2,1514 (c) The sale or transfer of ownership of the firearm is one of the transfers listed
15under s. 175.35 (2t).
AB138,3,3
1(d) The transferor is transferring ownership of the firearm to a family member
2by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
3firearm under s. 941.29, and the transferee is at least 18 years of age.
AB138,3,74 (e) The transferor is transferring ownership of the firearm with the intent that
5the transfer be temporary, neither the transferor nor the transferee is prohibited
6from possessing a firearm under s. 941.29, and the purpose of the transfer is not
7prohibited by law.
AB138,3,11 8(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
9and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
10for not more than 9 months. The person is also prohibited under s. 941.29 from
11possessing a firearm for a period of 2 years.
AB138,3 12Section 3. 175.35 (title) of the statutes is amended to read:
AB138,3,13 13175.35 (title) Waiting period for purchase of handguns firearms.
AB138,4 14Section 4. 175.35 (1) (at) of the statutes is amended to read:
AB138,4,415 175.35 (1) (at) "Firearms restrictions record search" means a search of
16department of justice records to determine whether a person seeking to purchase a
17handgun firearm is prohibited from possessing a firearm under s. 941.29. "Firearms
18restriction record search" includes a criminal history record search, a search to
19determine whether a person is prohibited from possessing a firearm under s. 51.20
20(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
21system to determine whether a person has been ordered not to possess a firearm
22under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
23to determine whether the person is subject to an injunction under s. 813.12 or
24813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
25established by any federally recognized Wisconsin Indian tribe or band, except the

1Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
2or she is subject to the requirements and penalties under s. 941.29 and that has been
3filed with the circuit court under s. 806.247 (3), and a search to determine whether
4the person is prohibited from possessing a firearm under s. 813.125 (4m).
AB138,5 5Section 5. 175.35 (1) (b) of the statutes is repealed.
AB138,6 6Section 6. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
7amended to read:
AB138,4,108 175.35 (2) (am) When a firearms dealer sells or transfers a handgun firearm,
9he or she may not transfer possession of that handgun firearm to any other person
10until all of the following have occurred: requirements under par. (cm) have been met.
AB138,7 11Section 7. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
12(2) (cm) 1., 2., 3. and 4.
AB138,8 13Section 8. 175.35 (2) (bm) of the statutes is created to read:
AB138,4,2014 175.35 (2) (bm) When a person sells a firearm or transfers ownership of a
15firearm through a firearms dealer, the person may not transfer possession of that
16firearm to any person other than the firearms dealer, and the firearms dealer may
17not transfer or authorize the transfer of possession of that firearm to any person,
18until all of the requirements of par. (cm) have been met. This paragraph does not
19apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms
20dealer.
AB138,9 21Section 9. 175.35 (2) (cm) (intro.) of the statutes is created to read:
AB138,4,2322 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer
23of a firearm occurs under par. (am) or (bm):
AB138,10 24Section 10. 175.35 (2g) (a) of the statutes is amended to read:
AB138,5,3
1175.35 (2g) (a) The department of justice shall promulgate rules prescribing
2procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
3dealer to inspect identification containing a photograph of the transferee.
AB138,11 4Section 11. 175.35 (2g) (b) of the statutes is amended to read:
AB138,5,105 175.35 (2g) (b) The department of justice shall promulgate rules prescribing
6a notification form for use under sub. (2) (cm) 2. requiring the transferee to provide
7his or her name, date of birth, gender, race and social security number, and other
8identification necessary to permit an accurate firearms restrictions record search
9under par. (c) 3. and the required notification under par. (c) 4. The department of
10justice shall make the forms available at locations throughout the state.
AB138,12 11Section 12. 175.35 (2g) (c) 4. c. of the statutes is amended to read:
AB138,5,1812 175.35 (2g) (c) 4. c. If the search indicates a felony charge without a recorded
13disposition, the deadline under sub. (2) (d) (cm) 4. is extended to the end of the 3rd
14complete working day commencing after the day on which the finding is made. The
15department shall notify the firearms dealer of the extension as soon as practicable.
16During the extended period, the department shall make every reasonable effort to
17determine the disposition of the charge and notify the firearms dealer of the results
18as soon as practicable.
AB138,13 19Section 13. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
20amended to read:
AB138,5,2321 175.35 (2i) (a) The department shall charge a firearms dealer a $13 fee for each
22firearms restrictions record search that the firearms dealer requests under sub. (2)
23(c) (cm) 3.
AB138,5,24 24(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
AB138,6,3
1(c) The department may refuse to conduct firearms restrictions record searches
2for any firearms dealer who fails to pay any fee under this subsection par. (a) within
330 days after billing by the department.
AB138,14 4Section 14. 175.35 (2i) (b) 2. of the statutes is created to read:
AB138,6,75 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
6may collect from the transferor the fee under par. (a) and any additional amount to
7cover any costs he or she incurs in processing the transfer.
AB138,15 8Section 15. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
AB138,16 9Section 16. 175.35 (2j) (b) of the statutes is created to read:
AB138,6,1410 175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm
11through a firearms dealer under sub. (2) (bm), or sells a firearm or transfers
12ownership of a firearm to a firearms dealer, the firearms dealer shall provide the
13person a written receipt documenting the dealer's participation in the sale or
14transfer.
AB138,17 15Section 17. 175.35 (2k) (ar) 2. of the statutes is amended to read:
AB138,6,2316 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub.
17(2j) (a) against the information recorded by the department regarding the
18corresponding request for a firearms restrictions record search under sub. (2g). If the
19department previously provided a unique approval number regarding the request
20and nothing in the duplicate completed notification form indicates that the
21transferee is prohibited from possessing a firearm under s. 941.29, the department
22shall destroy all records regarding that firearms restrictions record search within 30
23days after receiving the duplicate form.
AB138,18 24Section 18. 175.35 (2k) (c) 2. a. of the statutes is amended to read:
AB138,7,3
1175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
2is conducting an investigation of a crime in which a handgun firearm was used or was
3attempted to be used or was unlawfully possessed.
AB138,19 4Section 19. 175.35 (2k) (c) 2. b. of the statutes is amended to read:
AB138,7,85 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority
6within the Wisconsin law enforcement agency that he or she has a reasonable
7suspicion that the person who is the subject of the information request has obtained
8or is attempting to obtain a handgun firearm.
AB138,20 9Section 20. 175.35 (2k) (g) of the statutes is amended to read:
AB138,7,1310 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the
11transferee is prohibited from possessing a firearm under s. 941.29, the attorney
12general or his or her designee may shall disclose to a law enforcement agency that
13the transferee has attempted to obtain a handgun firearm.
AB138,21 14Section 21. 175.35 (2k) (h) of the statutes is amended to read:
AB138,7,2015 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge
16without a recorded disposition and the attorney general or his or her designee has
17reasonable grounds to believe the transferee may pose a danger to himself, herself
18or another, the attorney general or his or her designee may disclose to a law
19enforcement agency that the transferee has obtained or has attempted to obtain a
20handgun firearm.
AB138,22 21Section 22. 175.35 (2L) of the statutes is amended to read:
AB138,8,222 175.35 (2L) The department of justice shall promulgate rules providing for the
23review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
24to purchase a handgun firearm because the firearms dealer received a nonapproval
25number under sub. (2g) (c) 4. a. may request a firearms restrictions record search

1review under those rules. If the person disagrees with the results of that review, the
2person may file an appeal under rules promulgated by the department.
AB138,23 3Section 23. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
AB138,8,54 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by
5regulations of the U.S. department of the treasury.
AB138,8,76 (b) Transfers of any handgun firearm between firearms dealers or between
7wholesalers and dealers.
AB138,8,98 (c) Transfers of any handgun firearm to law enforcement or armed services
9agencies.
AB138,24 10Section 24. 175.60 (7) (d) of the statutes is amended to read:
AB138,8,1211 175.60 (7) (d) A fee for a background check that is equal to the fee charged under
12s. 175.35 (2i) (a).
AB138,25 13Section 25. 175.60 (15) (b) 4. b. of the statutes is amended to read:
AB138,8,1514 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged
15under s. 175.35 (2i) (a).
AB138,26 16Section 26. 938.208 (1) (b) of the statutes is amended to read:
AB138,8,2117 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed,
18used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d),
19short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
20defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
21under ch. 940 if committed by an adult.
AB138,27 22Section 27. 938.34 (4m) (b) 2. of the statutes is amended to read:
AB138,9,223 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a
24handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
25defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),

1while committing a delinquent act that would be a felony under ch. 940 if committed
2by an adult.
AB138,28 3Section 28. 938.341 of the statutes is amended to read:
AB138,9,7 4938.341 Delinquency adjudication; restriction on firearm possession.
5Whenever a court adjudicates a juvenile delinquent for an act that if committed by
6an adult in this state would be a felony or for a violation of s. 175.33 (3), the court shall
7inform the juvenile of the requirements and penalties under s. 941.29.
AB138,29 8Section 29. 941.237 (1) (d) of the statutes is amended to read:
AB138,9,129 941.237 (1) (d) "Handgun" has the meaning given in s. 175.35 (1) (b) means any
10weapon designed or redesigned, or made or remade, and intended to be fired while
11held in one hand and to use the energy of an explosive to expel a projectile through
12a smooth or rifled bore
.
AB138,30 13Section 30. 941.29 (1) (dm) of the statutes is created to read:
AB138,9,1414 941.29 (1) (dm) Convicted of a misdemeanor under s. 175.33 (3).
AB138,31 15Section 31. 941.29 (1) (dn) of the statutes is created to read:
AB138,9,1616 941.29 (1) (dn) Adjudicated delinquent for a violation under s. 175.33 (3).
AB138,32 17Section 32. 941.29 (1) (do) of the statutes is created to read:
AB138,9,1918 941.29 (1) (do) Found not guilty of a misdemeanor under s. 175.33 (3) by reason
19of mental disease or defect.
AB138,33 20Section 33. 941.29 (2) (dm) of the statutes is created to read:
AB138,9,2221 941.29 (2) (dm) The person possesses a firearm subsequent to the conviction,
22as specified under sub. (1) (dm), unless 2 years have passed since the conviction.
AB138,34 23Section 34. 941.29 (2) (dn) of the statutes is created to read:
AB138,9,2524 941.29 (2) (dn) The person possesses a firearm subsequent to the adjudication,
25as specified under sub. (1) (dn), unless 2 years have passed since the adjudication.
AB138,35
1Section 35. 941.29 (2) (do) of the statutes is created to read:
AB138,10,42 941.29 (2) (do) The person possesses a firearm subsequent to the finding of not
3guilty or not responsible by reason of mental disease or defect as specified in sub. (1)
4(do), unless 2 years have passed since the finding.
AB138,36 5Section 36. 941.296 (1) (b) of the statutes is amended to read:
AB138,10,76 941.296 (1) (b) "Handgun" has the meaning given in s. 175.35 (1) (b) 941.237
7(1) (d)
.
AB138,37 8Section 37. 968.20 (3) (b) of the statutes is amended to read:
AB138,11,79 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village,
10town or county or other custodian of a seized dangerous weapon or ammunition, if
11the dangerous weapon or ammunition is not required for evidence or use in further
12investigation and has not been disposed of pursuant to a court order at the
13completion of a criminal action or proceeding, shall make reasonable efforts to notify
14all persons who have or may have an authorized rightful interest in the dangerous
15weapon or ammunition of the application requirements under sub. (1). If, within 30
16days after the notice, an application under sub. (1) is not made and the seized
17dangerous weapon or ammunition is not returned by the officer under sub. (2), the
18city, village, town or county or other custodian may retain the dangerous weapon or
19ammunition and authorize its use by a law enforcement agency, except that a
20dangerous weapon used in the commission of a homicide or a handgun, as defined
21in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other
22than a firearm is not so retained, the city, village, town or county or other custodian
23shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor
24vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure
25under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village,

1town or county or other custodian shall ship it to the state crime laboratories and it
2is then the property of the laboratories. A person designated by the department of
3justice may destroy any material for which the laboratories have no use or arrange
4for the exchange of material with other public agencies. In lieu of destruction,
5shoulder weapons for which the laboratory has no use shall be turned over to the
6department of natural resources for sale and distribution of proceeds under s. 29.934
7or for use under s. 29.938.
AB138,38 8Section 38. 971.17 (1g) of the statutes is amended to read:
AB138,11,129 971.17 (1g) Notice of restriction on firearm possession. If the defendant
10under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (3), by
11reason of mental disease or defect, the court shall inform the defendant of the
12requirements and penalties under s. 941.29.
AB138,39 13Section 39. 973.176 (1) of the statutes is amended to read:
AB138,11,1714 973.176 (1) Firearm possession. Whenever a court imposes a sentence or
15places a defendant on probation regarding a felony conviction or regarding a
16conviction for a misdemeanor under s. 175.33 (3)
, the court shall inform the
17defendant of the requirements and penalties under s. 941.29.
AB138,40 18Section 40. Initial applicability.
AB138,11,2019 (1) This act first applies to sales or transfers of ownership of firearms that occur
20on the effective date of this subsection.
AB138,41 21Section 41. Effective date.
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