LRB-1939/2
JEO:skg:jlb
1995 - 1996 LEGISLATURE
April 4, 1995 - Introduced by Representatives Travis, Baldwin, Lehman, Harsdorf,
Ryba, Krug, Kaufert, Owens, Plache, Black, F. Lasee, Urban, R. Young,
Robson, Bell and
Riley, cosponsored by Senators Rosenzweig, Wineke,
Burke and Chvala, by request of Wisconsin Coalition Against Domestic
Violence. Referred to Committee on Criminal Justice and Corrections.
AB293,1,8
1An Act to repeal 175.35 (1) (bg);
to renumber and amend 941.29 (2);
to amend
248.396 (8), 175.35 (2) (c), 175.35 (2) (d), 175.35 (2f), 175.35 (2g) (b), 175.35 (2g)
3(c) (intro.), 175.35 (2g) (c) 3., 175.35 (2g) (c) 4., 175.35 (2i), 175.35 (2j), 175.35
4(2k) (a) 2., 175.35 (2k) (b) 2. a. and 175.35 (2L); and
to create 175.35 (1) (at),
5813.12 (4m), 813.12 (6) (am), 813.12 (9) (a) 4., 813.122 (5m), 813.122 (9) (am),
6813.125 (4m), 813.125 (5r), 941.29 (1) (f), 941.29 (2) (d) and 941.29 (2) (e) of the
7statutes;
relating to: the possession of firearms by persons who are subject to
8certain injunctions and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person may not possess a firearm if he or she has been
found guilty of a felony, has been adjudicated delinquent as a juvenile for an act that
would have been a felony if it had been committed by an adult, or has been found not
guilty of a felony by reason of mental disease, defect or illness. Also, under current
law a person who is involuntarily committed for treatment in a civil commitment
proceeding may be prohibited from possessing a firearm. If a person who is
prohibited from possessing a firearm thereafter possesses a firearm, he or she may
be fined not more than $10,000 or imprisoned for not more than 2 years or both.
Current law also provides procedures by which a person may regain the right to
possess a firearm.
This bill prohibits the possession of a firearm by a person against whom an
abuse or harassment injunction has been issued. The bill also expands the current
handgun purchaser background check to include a check for records of abuse or
harassment injunctions. The bill makes the following specific changes to current
law:
Firearm prohibition for persons subject to abuse and harassment injunction
proceedings
Under current law, a court may issue an injunction against a person who
engages in domestic abuse (abuse of an adult member of the family or household, an
adult former spouse or an adult with whom the person has a child in common), abuse
of a child or harassment of another person. The bill prohibits firearm possession by
a person against whom an abuse or harassment injunction has been issued as long
as the injunction is in effect. The bill also requires the person to surrender firearms
that he or she owns or has in his or her possession. A firearm surrendered by a person
against whom an abuse or harassment injunction has been issued may not be
returned to the person until a court determines that the injunction is no longer in
effect and that the person is not prohibited from possessing a firearm by any other
order or by state or federal law. Finally, the court that issues an abuse or harassment
injunction against a person must inform the person of the penalties for violating the
prohibition. If the person possesses a firearm while the prohibition is in effect, he
or she may be fined not more than $10,000 or imprisoned for not more than 2 years
or both.
Background check for abuse and harassment injunctions
Under current law, the department of justice (DOJ) is responsible for
conducting a criminal history record search and an involuntary commitment record
search to determine whether a prospective purchaser of a handgun is prohibited from
possessing a firearm because of: 1) a felony conviction; 2) a delinquency adjudication
for an act that would have been a felony if committed by an adult; 3) a finding of not
guilty by reason of mental disease or defect in a felony case; or 4) a firearm
prohibition order issued in an involuntary civil commitment proceeding. The
prospective purchaser of a handgun must provide identifying information, such as
name, date of birth and social security number, so that DOJ can conduct a criminal
history record search and an involuntary commitment record search.
This bill requires DOJ to conduct, in addition to a criminal history record search
and an involuntary commitment record search, a record search to determine whether
a prospective purchaser of a handgun is prohibited from purchasing a firearm
because an abuse or harassment injunction has been issued against the person. The
bill requires the clerk of the circuit court in which an abuse or harassment injunction
is issued to inform DOJ about the period of time for which the injunction is in effect
and to provide DOJ with information identifying the person against whom the
injunction is issued so that DOJ may conduct an accurate record search. Finally, if
a prospective purchaser of a handgun provides false identifying information for use
in conducting a record search for abuse or harassment injunctions, he or she must
be fined not less than $500 nor more than $10,000 and may be imprisoned for not
more than 9 months.
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:
AB293, s. 1
1Section
1. 48.396 (8) of the statutes is amended to read:
AB293,3,82
48.396
(8) Notwithstanding sub. (2), if a child is adjudged delinquent for an act
3that would be a felony if committed by an adult, the court clerk shall notify the
4department of justice of that fact. No other information from the child's court records
5may be disclosed to the department of justice except by order of the court. The
6department of justice may disclose any information provided under this subsection
7only as part of a
criminal history firearms restrictions record search under s. 175.35
8(2g) (c).
AB293, s. 2
9Section
2. 175.35 (1) (at) of the statutes is created to read:
AB293,3,1710
175.35
(1) (at) "Firearms restrictions record search" means a search of
11department of justice records to determine whether a person seeking to purchase a
12handgun is prohibited from possessing a firearm under s. 941.29. "Firearms
13restriction record search" includes a criminal history record search, a search to
14determine whether a person is prohibited from possessing a firearm under s. 51.20
15(13) (cv) and a search to determine whether the person is subject to an injunction
16under s. 813.12, 813.122 or 813.125 or a tribal injunction filed with the circuit court
17under s. 813.12 (9) (a).
AB293, s. 3
18Section
3. 175.35 (1) (bg) of the statutes is repealed.
AB293, s. 4
19Section
4. 175.35 (2) (c) of the statutes is amended to read:
AB293,4,220
175.35
(2) (c) The firearms dealer has conveyed the information from the
21completed notification form to the department of justice as required by rule under
1sub. (2g) (b) and requested a
criminal history record search and involuntary
2commitment firearms restrictions record search.
AB293, s. 5
3Section
5. 175.35 (2) (d) of the statutes is amended to read:
AB293,4,94
175.35
(2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c.,
5have elapsed from the time that the firearms dealer has received a confirmation
6number regarding the
criminal history record search and involuntary commitment 7firearms restrictions record search under sub. (2g) (c) from the department of justice
8and the firearms dealer has not been notified that the transfer would be in violation
9of s. 941.29.
AB293, s. 6
10Section
6. 175.35 (2f) of the statutes is amended to read:
AB293,4,1811
175.35
(2f) When a firearms dealer requests that the department of justice
12provide a
criminal history record search and involuntary commitment firearms
13restrictions record search under sub. (2g), he or she shall provide truthful
14information about his or her status as a firearms dealer and shall provide an accurate
15firearms dealer identification number obtained under sub. (2h). A person may
16request that the department provide a
criminal history record search and
17involuntary commitment firearms restrictions record search under sub. (2g) only if
18he or she is a firearms dealer.
AB293, s. 7
19Section
7. 175.35 (2g) (b) of the statutes is amended to read:
AB293,5,220
175.35
(2g) (b) The department of justice shall promulgate rules prescribing
21a notification form for use under sub. (2) requiring the transferee to provide his or
22her name, date of birth, gender, race and social security number and other
23identification necessary to permit an accurate
criminal history record search and
24involuntary commitment firearms restrictions record search under par. (c) 3. and the
1required notification under par. (c) 4. The department of justice shall make the forms
2available at locations throughout the state.
AB293, s. 8
3Section
8. 175.35 (2g) (c) (intro.) of the statutes is amended to read:
AB293,5,74
175.35
(2g) (c) (intro.) The department of justice shall promulgate rules for
5criminal history record searches and involuntary commitment firearms restrictions 6record searches regarding transferees under sub. (2), including procedures for all of
7the following:
AB293, s. 9
8Section
9. 175.35 (2g) (c) 3. of the statutes is amended to read:
AB293,5,139
175.35
(2g) (c) 3. The department to conduct the
criminal history record search
10and involuntary commitment firearms restrictions record search regarding the
11transferee. The rules shall include, but not be limited to, a requirement that the
12department use the transaction
information for management of enforcement system
13and the national crime information center system.
AB293, s. 10
14Section
10. 175.35 (2g) (c) 4. of the statutes is amended to read:
AB293,5,1815
175.35
(2g) (c) 4. The department to notify the dealer, either during the initial
16telephone call or as soon thereafter as practicable, of the results of the
criminal
17history record search and involuntary commitment firearms restrictions record
18search as follows:
AB293,5,2319
a. If the
searches indicate search indicates that the transferee is prohibited
20from possessing a firearm under s. 941.29, the department shall provide the firearms
21dealer with a unique nonapproval number. The department may not disclose to the
22firearms dealer the reason the transferee is prohibited from possessing a firearm
23under s. 941.29.
AB293,6,3
1b. If the
searches indicate search indicates that the transferee is not prohibited
2from possessing a firearm under s. 941.29, the department shall provide the firearms
3dealer with a unique approval number.
AB293,6,104
c. If the
criminal history record search indicates a felony charge without a
5recorded disposition, the deadline under sub. (2) (d) is extended to the end of the 3rd
6complete working day commencing after the day on which the finding is made. The
7department shall notify the firearms dealer of the extension as soon as practicable.
8 During the extended period, the department shall make every reasonable effort to
9determine the disposition of the charge and notify the firearms dealer of the results
10as soon as practicable.
AB293, s. 11
11Section
11. 175.35 (2i) of the statutes is amended to read:
AB293,6,1812
175.35
(2i) The department shall charge a firearms dealer an $8 fee for each
13combined criminal history record search and involuntary commitment firearms
14restrictions record search that the firearms dealer requests under sub. (2) (c). The
15firearms dealer may collect the fee from the transferee. The department may refuse
16to conduct
criminal history record searches and involuntary commitment firearms
17restrictions record searches for any firearms dealer who fails to pay any fee under
18this subsection within 30 days after billing by the department.
AB293, s. 12
19Section
12. 175.35 (2j) of the statutes is amended to read:
AB293,6,2520
175.35
(2j) A firearms dealer shall maintain the original record of all completed
21notification forms and a record of all confirmation numbers and corresponding
22approval or nonapproval numbers that he or she receives regarding
criminal history
23record searches and involuntary commitment firearms restrictions record searches
24under sub. (2g). The firearms dealer shall mail the duplicate copy of each completed
25notification form to the department of justice.
AB293, s. 13
1Section
13. 175.35 (2k) (a) 2. of the statutes is amended to read:
AB293,7,102
175.35
(2k) (a) 2. Check each duplicate notification form received under sub.
3(2j) against the information recorded by the department regarding the corresponding
4request for a
criminal history record search and involuntary commitment firearms
5restrictions record search under sub. (2g). If the department previously provided a
6unique approval number regarding the request and nothing in the duplicate
7completed notification form indicates that the transferee is prohibited from
8possessing a firearm under s. 941.29, the department shall destroy all records
9regarding that
criminal history record search and involuntary commitment firearms
10restrictions record search within 30 days after receiving the duplicate form.
AB293, s. 14
11Section
14. 175.35 (2k) (b) 2. a. of the statutes is amended to read:
AB293,7,1612
175.35
(2k) (b) 2. a. Except as provided in subd. 2. b., a log of dates of requests
13for
criminal history record searches and involuntary commitment firearms
14restrictions record searches under sub. (2g) together with confirmation numbers,
15unique approval and nonapproval numbers and firearms dealer identification
16numbers corresponding to those dates.
AB293, s. 15
17Section
15. 175.35 (2L) of the statutes is amended to read:
AB293,7,2418
175.35
(2L) The department of justice shall promulgate rules providing for the
19review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
20to purchase a handgun because the firearms dealer received a nonapproval number
21under sub. (2g) (c) 4. a. may request a
criminal history record search and involuntary
22commitment firearms restrictions record search review under those rules. If the
23person disagrees with the results of that review, the person may file an appeal under
24rules promulgated by the department.
AB293, s. 16
25Section
16. 813.12 (4m) of the statutes is created to read:
AB293,8,2
1813.12
(4m) Notice of restriction on firearm possession; surrender of
2firearms. (a) An injunction issued under sub. (4) shall do all of the following:
AB293,8,43
1. Inform the respondent named in the petition of the requirements and
4penalties under s. 941.29.