September 12, 2019 - Introduced by Representatives Sargent, Stubbs, C. Taylor,
Subeck, Zamarripa, Anderson, Billings, Bowen, Brostoff, Cabrera,
Considine, Crowley, Doyle, Emerson, Fields, Goyke, Gruszynski, Haywood,
Hebl, Hesselbein, Hintz, Kolste, McGuire, B. Meyers, Milroy, L. Myers,
Neubauer, Ohnstad, Pope, Riemer, Shankland, Sinicki, Spreitzer, Stuck,
Vining and Vruwink, cosponsored by Senators Johnson, Carpenter, Bewley,
Erpenbach, Hansen, Larson, Miller, Ringhand, Risser, Schachtner,
Shilling, Smith, L. Taylor and Wirch. Referred to Committee on Criminal
Justice and Public Safety.
AB431,1,11 1An Act to repeal 175.35 (1) (b); to renumber 175.35 (2) (a), (b), (c) and (d) and
2175.35 (2j); to renumber and amend 175.35 (2) (intro.) and 175.35 (2i); to
3amend
20.455 (2) (gr), 175.35 (title), 175.35 (1) (at), 175.35 (2g) (a), 175.35 (2g)
4(b) 1., 175.35 (2g) (b) 2., 175.35 (2k) (ar) 2., 175.35 (2k) (c) 2. a., 175.35 (2k) (c)
52. b., 175.35 (2k) (g), 175.35 (2k) (h), 175.35 (2L), 175.35 (2t) (a), (b) and (c),
6175.35 (3) (b) 2., 175.60 (7) (d), 175.60 (15) (b) 4. b., 938.208 (1) (b), 938.34 (4m)
7(b) 2., 938.341, 941.237 (1) (d), 941.296 (1) (b), 968.20 (3) (b), 971.17 (1g) and
8973.176 (1); and to create 175.33, 175.35 (1) (br), 175.35 (2) (bm), 175.35 (2)
9(cm) (intro.), 175.35 (2i) (b) 2., 175.35 (2j) (b) and 941.29 (1m) (dm), (dn) and (do)
10of the statutes; relating to: sales and transfers of firearms and providing a
11penalty.
Analysis by the Legislative Reference Bureau
Current law provides that certain 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. This bill generally prohibits a person from selling
or transferring any firearm, including the frame or receiver of a firearm, unless the

sale or transfer occurs through a federally licensed firearms dealer and involves a
background check of the prospective transferee. Under the bill, the following are
excepted from that prohibition: a sale or transfer to a firearms dealer or to a law
enforcement or armed services agency; a sale or transfer of a firearm classified as
antique; or a transfer that is by gift, bequest, or inheritance to a family member. A
person who is convicted of violating the prohibition is guilty of a misdemeanor and
must be fined not less than $500 nor more than $10,000, may be imprisoned for not
more than nine months, and may not possess a firearm for a period of two years.
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.
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:
AB431,1 1Section 1 . 20.455 (2) (gr) of the statutes is amended to read:
AB431,2,52 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or
3certifications to carry concealed weapons.
All moneys received as fee payments under
4ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and
5b. to provide services under ss. 175.35, 175.49, and 175.60.
AB431,2 6Section 2 . 175.33 of the statutes is created to read:
AB431,2,7 7175.33 Transfer of firearms. (1) In this section:
AB431,2,98 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or
9grandchild. The relationship may be by blood, marriage, or adoption.
AB431,2,1010 (b) “Firearm” includes the frame or receiver of a firearm.
AB431,2,1111 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB431,2,13 12(2) No person may sell or transfer ownership of a firearm, or purchase or obtain
13ownership of a firearm, unless one of the following applies:
AB431,2,1414 (a) The seller or transferor is a firearms dealer.
AB431,3,2
1(b) The seller or transferor makes the sale or transfer to or through a firearms
2dealer and obtains a receipt under s. 175.35 (2j) (b).
AB431,3,43 (c) The sale or transfer of ownership of the firearm is one of the transfers listed
4under s. 175.35 (2t).
AB431,3,75 (d) The transferor is transferring ownership of the firearm to a family member
6by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
7firearm under s. 941.29 or federal law, and the transferee is at least 18 years of age.
AB431,3,11 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.
AB431,3 12Section 3. 175.35 (title) of the statutes is amended to read:
AB431,3,13 13175.35 (title) Purchase or transfer of handguns firearms.
AB431,4 14Section 4. 175.35 (1) (at) of the statutes is amended to read:
AB431,4,515 175.35 (1) (at) “Firearms restrictions record search" means a search of
16department of justice records to determine whether a person seeking to purchase or
17receive a transfer of
a handgun firearm is prohibited from possessing a firearm under
18s. 941.29. “Firearms restrictions record search" includes a criminal history record
19search, a search to determine whether a person is prohibited from possessing a
20firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant
21criminal background check system to determine whether a person has been ordered
22not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or
2355.12 (10) (a), a search to determine whether the person is subject to an injunction
24under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
25by a court established by any federally recognized Wisconsin Indian tribe or band,

1except the Menominee Indian tribe of Wisconsin, that includes notice to the
2respondent that he or she is subject to the requirements and penalties under s.
3941.29 and that has been filed with the circuit court under s. 813.128 (3g), and a
4search to determine whether the person is prohibited from possessing a firearm
5under s. 813.123 (5m) or 813.125 (4m).
AB431,5 6Section 5 . 175.35 (1) (b) of the statutes is repealed.
AB431,6 7Section 6 . 175.35 (1) (br) of the statutes is created to read:
AB431,4,98 175.35 (1) (br) “Transfer” includes to assign, pledge, lease, loan, give away, or
9otherwise dispose of.
AB431,7 10Section 7 . 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
11amended to read:
AB431,4,1512 175.35 (2) (am) When a firearms dealer sells or transfers a handgun firearm,
13including the frame or receiver of a firearm
, he or she may not transfer possession
14of that handgun firearm to any other person until all of the following have occurred:
15requirements under par. (cm) have been met.
AB431,8 16Section 8 . 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
17(2) (cm) 1., 2., 3. and 4.
AB431,9 18Section 9 . 175.35 (2) (bm) of the statutes is created to read:
AB431,4,2119 175.35 (2) (bm) When a person sells or transfers a firearm, including the frame
20or receiver of a firearm, through a firearms dealer, the transfer of that firearm may
21not be made until all of the requirements of par. (cm) have been met.
AB431,10 22Section 10 . 175.35 (2) (cm) (intro.) of the statutes is created to read:
AB431,4,2423 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer
24of a firearm occurs under par. (am) or (bm):
AB431,11 25Section 11 . 175.35 (2g) (a) of the statutes is amended to read:
AB431,5,3
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.
AB431,12 4Section 12 . 175.35 (2g) (b) 1. of the statutes is amended to read:
AB431,5,105 175.35 (2g) (b) 1. The department of justice shall promulgate rules prescribing
6a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to
7provide his or her name, date of birth, gender, race and social security number and
8other identification necessary to permit an accurate firearms restrictions record
9search under par. (c) 3. and the required notification under par. (c) 4. The department
10of justice shall make the forms available at locations throughout the state.
AB431,13 11Section 13 . 175.35 (2g) (b) 2. of the statutes is amended to read:
AB431,5,1712 175.35 (2g) (b) 2. The department of justice shall ensure that each notification
13form under subd. 1. requires the transferee to indicate that he or she is not
14purchasing or receiving a transfer of the firearm with the purpose or intent to
15transfer the firearm to a person who is prohibited from possessing a firearm under
16state or federal law and that each notification form informs the transferee that
17making a false statement with regard to this purpose or intent is a Class H felony.
AB431,14 18Section 14 . 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
19amended to read:
AB431,5,2220 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each
21firearms restrictions record search that the firearms dealer requests under sub. (2)
22(c) (cm) 3.
AB431,5,23 23(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
AB431,6,3
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.
AB431,15 4Section 15 . 175.35 (2i) (b) 2. of the statutes is created to read:
AB431,6,75 175.35 (2i) (b) 2. If the transfer or sale is made under sub. (2) (bm), the firearms
6dealer may collect from the transferor the fee under par. (a) and any additional
7amount to cover any costs he or she incurs in processing the transfer or sale.
AB431,16 8Section 16 . 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
AB431,17 9Section 17 . 175.35 (2j) (b) of the statutes is created to read:
AB431,6,1310 175.35 (2j) (b) If a person sells a firearm or transfers a firearm through a
11firearms dealer under sub. (2) (bm), or sells or transfers a firearm to a firearms
12dealer, the firearms dealer shall provide the person a written receipt documenting
13the dealer's participation in the sale or transfer.
AB431,18 14Section 18 . 175.35 (2k) (ar) 2. of the statutes is amended to read:
AB431,6,2215 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a)
16against the information recorded by the department regarding the corresponding
17request for a firearms restrictions record search under sub. (2g). If the department
18previously provided a unique approval number regarding the request and nothing
19in the completed notification form indicates that the transferee is prohibited from
20possessing a firearm under s. 941.29, the department shall destroy all records
21regarding that firearms restrictions record search within 30 days after receiving the
22notification form.
AB431,19 23Section 19 . 175.35 (2k) (c) 2. a. of the statutes is amended to read:
AB431,7,3
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.
AB431,20 4Section 20 . 175.35 (2k) (c) 2. b. of the statutes is amended to read:
AB431,7,85 175.35 (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.
AB431,21 9Section 21 . 175.35 (2k) (g) of the statutes is amended to read:
AB431,7,1310 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 disclose to a law enforcement agency that the
13transferee has attempted to obtain a handgun firearm.
AB431,22 14Section 22 . 175.35 (2k) (h) of the statutes is amended to read:
AB431,7,2015 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.
AB431,23 21Section 23 . 175.35 (2L) of the statutes is amended to read:
AB431,8,322 175.35 (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 or receive a transfer of a handgun firearm because the firearms dealer
25received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms

1restrictions record search review under those rules. If the person disagrees with the
2results of that review, the person may file an appeal under rules promulgated by the
3department.
AB431,24 4Section 24 . 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
AB431,8,65 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by
6regulations of the U.S. department of the treasury.
AB431,8,87 (b) Transfers of any handgun firearm between firearms dealers or between
8wholesalers and dealers.
AB431,8,109 (c) Transfers of any handgun firearm to law enforcement or armed services
10agencies.
AB431,25 11Section 25 . 175.35 (3) (b) 2. of the statutes is amended to read:
AB431,8,1712 175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing false
13information regarding whether he or she is purchasing or receiving a transfer of the
14firearm with the purpose or intent to transfer the firearm to another who the person
15knows or reasonably should know is prohibited from possessing a firearm under
16state or federal law is guilty of a Class H felony. The penalty shall include a fine that
17is not less than $500.
AB431,26 18Section 26 . 175.60 (7) (d) of the statutes is amended to read:
AB431,8,2019 175.60 (7) (d) A fee for a background check that is equal to the fee charged under
20s. 175.35 (2i) (a).
AB431,27 21Section 27 . 175.60 (15) (b) 4. b. of the statutes is amended to read:
AB431,8,2322 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged
23under s. 175.35 (2i) (a).
AB431,28 24Section 28 . 938.208 (1) (b) of the statutes is amended to read:
AB431,9,5
1938.208 (1) (b) Probable cause exists to believe that the juvenile possessed,
2used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d),
3short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
4defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
5under ch. 940 if committed by an adult.
AB431,29 6Section 29 . 938.34 (4m) (b) 2. of the statutes is amended to read:
AB431,9,117 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a
8handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
9defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
10while committing a delinquent act that would be a felony under ch. 940 if committed
11by an adult.
AB431,30 12Section 30 . 938.341 of the statutes is amended to read:
AB431,9,16 13938.341 Delinquency adjudication; restriction on firearm possession.
14Whenever a court adjudicates a juvenile delinquent for an act that if committed by
15an adult in this state would be a felony or for a violation under s. 175.33 (2), the court
16shall inform the juvenile of the requirements and penalties under s. 941.29.
AB431,31 17Section 31 . 941.237 (1) (d) of the statutes is amended to read:
AB431,9,2118 941.237 (1) (d) “Handgun" has the meaning given in s. 175.35 (1) (b) means any
19weapon designed or redesigned, or made or remade, and intended to be fired while
20held in one hand and to use the energy of an explosive to expel a projectile through
21a smooth or rifled bore
.
AB431,32 22Section 32. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:
AB431,9,2423 941.29 (1m) (dm) The person has been convicted of a misdemeanor under s.
24175.33 (2), unless at least 2 years have passed since the conviction.
AB431,10,2
1(dn) The person has been adjudicated delinquent for a violation under s. 175.33
2(2), unless at least 2 years have passed since the adjudication.
AB431,10,53 (do) The person has been found not guilty of a misdemeanor under s. 175.33 (2)
4by reason of mental disease or defect, unless at least 2 years have passed since the
5finding.
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