AB914: Bill Text

AB914, s. 17 Section 17. 175.35 (2k) (ar) 2. of the statutes is amended to read:

AB914,7,14 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub. (2j) (a) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under sub. (2g). If the department previously provided a unique approval number regarding the request and nothing in the duplicate completed notification form indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the duplicate form.

AB914, s. 18 Section 18. 175.35 (2k) (b) (intro.) of the statutes is amended to read:

AB914,7,17 175.35 (2k) (b) (intro.) Notwithstanding par. (ar), the The department of justice may maintain all of the following:

AB914, s. 19 Section 19. 175.35 (2k) (b) 2. a. of the statutes is renumbered 175.35 (2k) (b) 2. and amended to read:

AB914,7,23 175.35 (2k) (b) 2. Except as provided in subd. 2. b., a A log of dates of requests for firearms restrictions record searches under sub. (2g) together with confirmation numbers, unique approval and nonapproval numbers and firearms dealer identification numbers corresponding to those dates.

AB914, s. 20 Section 20. 175.35 (2k) (b) 2. b. of the statutes is repealed.

AB914, s. 21 Section 21. 175.35 (2k) (c) 2. a. of the statutes is amended to read:

AB914,8,3 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency is conducting an investigation of a crime in which a handgun firearm was used or was attempted to be used or was unlawfully possessed.

AB914, s. 22 Section 22. 175.35 (2k) (c) 2. b. of the statutes is amended to read:

AB914,8,8 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority within the Wisconsin law enforcement agency that he or she has a reasonable suspicion that the person who is the subject of the information request has obtained or is attempting to obtain a handgun firearm.

AB914, s. 23 Section 23. 175.35 (2k) (g) of the statutes is amended to read:

AB914,8,13 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has attempted to obtain a handgun firearm.

AB914, s. 24 Section 24. 175.35 (2k) (h) of the statutes is amended to read:

AB914,8,20 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge or violent nonfelony offense charge without a recorded disposition and the attorney general or his or her designee has reasonable grounds to believe the transferee may pose a danger to himself, herself or another, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has obtained or has attempted to obtain a handgun firearm.

AB914, s. 25 Section 25. 175.35 (2k) (i) of the statutes is amended to read:

AB914,8,23 175.35 (2k) (i) The department of justice may not charge a fee for any services that the department provides under pars. (c) to (j) (k).

AB914, s. 26 Section 26. 175.35 (2k) (k) of the statutes is created to read:

AB914,9,8 175.35 (2k) (k) The department may provide access to records kept under this section to a person engaged in research if the department has approved the research and the researcher agrees that the information will be used only for the purposes for which it was provided, the information will not be released to anyone not connected with the research, and the research will not involve revealing information that may serve to identify the individuals involved. The department shall also impose whatever additional safeguards are needed to prevent unwarranted disclosure of information from the records.

AB914, s. 27 Section 27. 175.35 (2t) (a) of the statutes is amended to read:

AB914,9,11 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

AB914, s. 28 Section 28. 175.35 (2t) (b) of the statutes is amended to read:

AB914,9,14 175.35 (2t) (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

AB914, s. 29 Section 29. 175.35 (2t) (c) of the statutes is amended to read:

AB914,9,17 175.35 (2t) (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

AB914, s. 30 Section 30. 175.35 (3) of the statutes is renumbered 175.35 (3) (b) and amended to read:

AB914,9,22 175.35 (3) (b) Any person who intentionally violates sub. (2), (2e), (2f) or (2j) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

AB914, s. 31 Section 31. 175.35 (3) (a) of the statutes is created to read:

AB914,9,25 175.35 (3) (a) Any person who intentionally violates sub. (2) or (2b) is guilty of a Class G felony.

AB914, s. 32 Section 32. 938.341 of the statutes is amended to read:

AB914,10,6 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or a violent nonfelony offense, as defined in s. 941.29 (1g), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

AB914, s. 33 Section 33. 938.396 (2g) (d) of the statutes is amended to read:

AB914,10,17 938.396 (2g) (d) Bail; impeachment; firearm possession. Upon request of a court of criminal jurisdiction or a district attorney to review court records for the purpose of setting bail under ch. 969, impeaching a witness under s. 906.09, or investigating and determining whether a person has possessed a firearm in violation of s. 941.29 (2) or body armor in violation of s. 941.291 (2) or upon request of a court of civil jurisdiction or the attorney for a party to a proceeding in that court to review court records for the purpose of impeaching a witness under s. 906.09, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by authorized representatives of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.

AB914, s. 34 Section 34. 938.396 (2g) (n) of the statutes is amended to read:

AB914,10,25 938.396 (2g) (n) Firearms restriction record search. If a juvenile is adjudged delinquent for an act that would be a felony or a violent nonfelony offense, as defined in s. 941.29 (1g), if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a firearms restrictions record search under s. 175.35 (2g) (c).

AB914, s. 35 Section 35. 941.29 (1) of the statutes is renumbered 941.29 (1m) and amended to read:

AB914,11,5 941.29 (1m) A person is subject to the requirements and penalties of this section if he or she has been who possesses a firearm is guilty of a Class G felony if any of the following apply:

AB914,11,6 (a) Convicted The person has been convicted of a felony in this state.

AB914,11,8 (b) Convicted The person has been convicted of a crime elsewhere that would be a felony if committed in this state.

AB914,11,11 (bm) Adjudicated The person has been adjudicated delinquent for an act committed on or after April 21, 1994, that if committed by an adult in this state would be a felony.

AB914,11,13 (c) Found The person has been found not guilty of a felony in this state by reason of mental disease or defect.

AB914,11,16 (d) Found The person has been found not guilty of or not responsible for a crime elsewhere that would be a felony in this state by reason of insanity or mental disease, defect or illness.

AB914,11,18 (e) Committed The person has been committed for treatment under s. 51.20 (13) (a) and ordered is subject to an order not to possess a firearm under s. 51.20 (13) (cv).

AB914,11,24 (f) Enjoined under The person is subject to an injunction issued under s. 813.12 or 813.122 or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed under s. 806.247 (3).

AB914,12,2 (g) Ordered The person is subject to an order not to possess a firearm under s. 813.125 (4m).

AB914, s. 36 Section 36. 941.29 (1g) of the statutes is created to read:

AB914,12,4 941.29 (1g) "Violent nonfelony offense" means any of the following:

AB914,12,6 (a) A misdemeanor violation of s. 940.19, 940.195, 940.225, 940.42, 940.44, 941.20, 941.237, 941.38, 941.39, 947.013, 948.10, 948.55, or 948.60.

AB914,12,8 (b) A violation of a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), or 813.125 (3) or (4).

AB914,12,10 (c) Any misdemeanor crime for which the maximum term of imprisonment has been increased under s. 939.63.

AB914, s. 37 Section 37. 941.29 (1m) (ag) of the statutes is created to read:

AB914,12,13 941.29 (1m) (ag) The person has been convicted on or after the effective date of this paragraph .... [LRB inserts date], of a violent nonfelony offense.

AB914, s. 38 Section 38. 941.29 (1m) (bg) of the statutes is created to read:

AB914,12,17 941.29 (1m) (bg) The person has been convicted elsewhere on or after the effective date of this paragraph .... [LRB inserts date], of a crime that would be a violent nonfelony offense if committed in this state.

AB914, s. 39 Section 39. 941.29 (1m) (br) of the statutes is created to read:

AB914,12,21 941.29 (1m) (br) The person has been adjudicated delinquent on or after the effective date of this paragraph .... [LRB inserts date], for an act that if committed by an adult in this state would be a violent nonfelony offense.

AB914, s. 40 Section 40. 941.29 (1m) (cg) of the statutes is created to read:

AB914,12,25 941.29 (1m) (cg) On or after the effective date of this paragraph .... [LRB inserts date], the person has been found not guilty by reason of mental disease or defect of a violent nonfelony offense in this state.

AB914, s. 41 Section 41. 941.29 (1m) (dg) of the statutes is created to read:

AB914,13,5 941.29 (1m) (dg) On or after the effective date of this paragraph .... [LRB inserts date], the person has been found not guilty of, or not responsible for, by reason of insanity or mental disease, defect, or illness, a crime elsewhere that would be a violent nonfelony offense in this state.

AB914, s. 42 Section 42. 941.29 (2) of the statutes is repealed.

AB914, s. 43 Section 43. 941.29 (3) of the statutes is amended to read:

AB914,13,9 941.29 (3) Any firearm involved in an offense under sub. (2) this section is subject to s. 968.20 (3).

AB914, s. 44 Section 44. 941.29 (4) of the statutes is amended to read:

AB914,13,13 941.29 (4) A person is concerned with the commission of a crime, as specified in s. 939.05 (2) (b), in violation of this section if he or she knowingly furnishes a person with a firearm in violation of sub. (2) this section.

AB914, s. 45 Section 45. 941.29 (5) (intro.) of the statutes is amended to read:

AB914,13,16 941.29 (5) (intro.) This section does not apply to any person specified in sub. (1) (1m) who:

AB914, s. 46 Section 46. 941.29 (5) (a) of the statutes is amended to read:

AB914,13,20 941.29 (5) (a) Has received a pardon with respect to the crime or felony specified in sub. (1) (1m) and has been expressly authorized to possess a firearm under 18 USC app. 1203; or

AB914, s. 47 Section 47. 941.29 (8) of the statutes is amended to read:

AB914,14,2 941.29 (8) This section does not apply to any person specified in sub. (1) (1m) (bm) if a court subsequently determines that the person is not likely to act in a manner dangerous to public safety. In any action or proceeding regarding this determination, the person has the burden of proving by a preponderance of the evidence that he or she is not likely to act in a manner dangerous to public safety.

AB914, s. 48 Section 48. 941.29 (9) of the statutes is repealed.

AB914, s. 49 Section 49. 941.29 (10) (intro.) of the statutes is amended to read:

AB914,14,7 941.29 (10) (intro.) The prohibition against firearm possession under this section does not apply to a person specified in sub. (1) (1m) (f) if the person satisfies any of the following:

AB914, s. 50 Section 50. 941.29 (11) of the statutes is created to read:

AB914,14,11 941.29 (11) Subsection (1m) (ag), (bg), (br), (cg), and (dg) does not apply if the conviction, adjudication, or finding occurred more than 5 years before the date on which the person possesses the firearm.

AB914, s. 51 Section 51. 971.17 (1g) of the statutes is amended to read:

AB914,14,16 971.17 (1g) If the defendant under sub. (1) is found not guilty of a felony or a violent nonfelony offense, as defined in s. 941.29 (1g), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB914, s. 52 Section 52. 973.176 (1) of the statutes is amended to read:

AB914,14,21 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction for a felony or for a violent nonfelony offense, as defined in s. 941.29 (1g), the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB914, s. 53 Section 53. Initial applicability.

AB914,15,3 (1) The treatment of sections 175.33 and 175.35 (2) (intro.) and (a) to (d), (2b), (2c) (a) (intro.) and (b), (2g) (c) (intro.) and 4. c., (2i), and (2k) (ar) 2. and (h) of the statutes, the renumbering of section 175.35 (2j) of the statutes, the renumbering and amendment of section 175.35 (2g) (b) and (3) of the statutes, and the creation of section 175.35 (2g) (b) 2., (2j) (b), and (3) (a) of the statutes first apply to sales or transfers of ownership of firearms that occur on the effective date of this subsection.

AB914,15,7 (2) The treatment of sections 938.341, 938.396 (2g) (n), 971.17 (1g), and 973.176 (1) of the statutes first applies to delinquency adjudications, findings of not guilty by reason of mental disease or defect, and convictions occurring on the effective date of this subsection.

AB914, s. 54 Section 54. Effective date.

AB914,15,10 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB914,15,11 (End)