2009 - 2010 LEGISLATURE
April 23, 2009 - Introduced by Senators Coggs and
Taylor, cosponsored by
Representatives Young, A. Williams, Turner, Berceau, Grigsby, Colon,
Richards, Kessler, Sinicki and Pasch. Referred to Committee on Judiciary,
Corrections, Insurance, Campaign Finance Reform, and Housing.
1An Act to create
175.36 and 941.285 of the statutes; relating to: creating a
2microstamping requirement for certain handguns, certification of compliance
3with the microstamping requirement, requiring the exercise of rule-making
4authority, and providing penalties.
Analysis by the Legislative Reference Bureau
This bill prohibits a gun manufacturer or a firearms dealer from transferring
a semiautomatic handgun that does not produce an identifying code (microstamp)
on each cartridge case it expends if both of the following apply: 1) the handgun was
manufactured on or after January 1, 2011; and 2) the handgun has not previously
been transferred to a person that is not a manufacturer or dealer (new handgun).
This bill also prohibits a manufacturer in this state from manufacturing, on or after
January 1, 2011, a semiautomatic handgun that does not produce a microstamp. A
person that violates one of these prohibitions is subject to a fine of up to $1,000 or
imprisonment for up to nine months, or both.
The bill also requires manufacturers and dealers who transfer a handgun that
is required to produce microstamps to certify that the handgun, if it is a new
handgun, produces microstamps and that the manufacturer of the handgun will
disclose to a law enforcement agency that has collected a microstamp from an
expended cartridge during a criminal investigation the make, model, and serial
number of the handgun that expended the cartridge.
This bill prohibits a person from modifying a semiautomatic handgun that
produces microstamps if the person intends to prevent law enforcement from being
able to access the microstamp on an expended cartridge. A person who violates this
prohibition is guilty of a misdemeanor and is subject to a fine of up to $1,000 or
imprisonment for not more than 90 days, or both. A person who transfers a
semiautomatic handgun that he or she knows has been modified in violation of this
prohibition is subject to a fine of up to $1,000 or imprisonment for not more than nine
months, or both.
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 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:
SB174, s. 1
175.36 of the statutes is created to read:
2175.36 Semiautomatic handgun identification. (1)
In this section:
(a) "Department" means the department of justice.
(b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
(c) "Handgun" has the meaning given in s. 175.35 (1) (b) except that "handgun" 6
does not include a revolver.
(cm) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b) and 8
includes a district attorney's office.
(d) "Manufacturer" means a person who possesses a federal license to 10
manufacture firearms or ammunition for sale or distribution.
(e) "Microstamp" means a unique code on at least 2 locations on each expended 12
cartridge case that identifies the make, model, and serial number of the handgun 13
that expended the cartridge.
(f) "Semiautomatic" means capable of using a portion of the energy of a firing 2
cartridge to extract the fired cartridge case and deliver another cartridge to the firing 3
chamber, if a separate pull of the trigger is required to fire each cartridge.
(g) "Transfer" has the meaning given in s. 939.22 (40).
(a) No manufacturer or firearms dealer may transfer a semiautomatic 6
handgun manufactured on or after January 1, 2011, to a firearms dealer in this state 7
unless the semiautomatic handgun produces microstamps.
(b) No manufacturer may manufacture a semiautomatic handgun in this state 9
on or after January 1, 2011, unless the semiautomatic handgun produces 10
(c) 1. If a manufacturer or a firearms dealer transfers to a firearms dealer a 12
semiautomatic handgun that was manufactured on or after January 1, 2011, the 13
firearms dealer that received the semiautomatic handgun may not transfer the 14
semiautomatic handgun in this state unless the manufacturer or the firearms dealer 15
that transferred the semiautomatic handgun has certified under sub. (3) (a) that the 16
semiautomatic handgun produces microstamps.
2. If a person that is not a manufacturer or a firearms dealer transfers to a 18
firearms dealer a semiautomatic handgun that was manufactured on or after 19
January 1, 2011, and that was designed to produce microstamps, the firearms dealer 20
may, unless the firearms dealer knows that the transfer would violate sub. (5), 21
transfer the semiautomatic handgun in this state without certifying under sub. (3) 22
(a) that the semiautomatic handgun produces microstamps.
(a) A manufacturer or a firearms dealer that transfers a semiautomatic 24
handgun that was manufactured on or after January 1, 2011, to a firearms dealer in 25
this state shall certify, in the manner specified in the rules developed under sub. (6)
and subject to prosecution for false swearing under s. 946.32, all of the following 2
1. Except as provided in par. (b), that the semiautomatic handgun produces 4
2. That the manufacturer shall disclose to a law enforcement agency, when 6
presented with a microstamp code from an expended cartridge the law enforcement 7
agency collected during a criminal investigation, the make, model, and serial 8
number of the semiautomatic handgun that expended the cartridge.
(b) Paragraph (a) 1. does not apply to a firearms dealer that transfers a 10
semiautomatic handgun to another firearms dealer in this state if the semiautomatic 11
handgun was previously transferred to a person that is not a firearms dealer.
(a) If a resident of this state acquired, while not a resident of this state 13
through legal means outside of this state, a semiautomatic handgun that was 14
manufactured on or after January 1, 2011, and that does not produce microstamps, 15
he or she may transfer the semiautomatic handgun only to a firearms dealer.
(b) A firearms dealer that is transferred a semiautomatic handgun under par. 17
(a) may not transfer the semiautomatic handgun to any person in this state.
No person may transfer a semiautomatic handgun that the person knows 19
has been modified in violation of s. 941.285 (2).
The department shall promulgate rules that do all of the following:
(a) Identify the conditions necessary for a manufacturer to disclose to a law 22
enforcement agency, when presented with a microstamp code from an expended 23
cartridge the law enforcement agency collected during a criminal investigation, the 24
make, model, and serial number of a semiautomatic handgun that expended the 25
(b) Specify the manner in which a manufacturer must certify under sub. (3) the 2
conditions under sub. (3) (a) 1. and 2.
Any person who violates sub. (2), (4), or (5) may be fined not more than 4
$1,000 or may be imprisoned for not more than 9 months, or both.
SB174, s. 2
941.285 of the statutes is created to read:
6941.285 Modifying a semiautomatic handgun. (1)
In this section:
(a) "Handgun" has the meaning given in s. 175.36 (1) (c).
(b) "Microstamp" has the meaning given in s. 175.36 (1) (e).
(c) "Semiautomatic" has the meaning given in s. 175.36 (1) (f).
Any person who modifies a semiautomatic handgun, or portion of a 11
semiautomatic handgun, that produces microstamps with the intention of 12
preventing law enforcement from being able to access the microstamp that identifies 13
that semiautomatic handgun is guilty of a Class B misdemeanor.
(1) The treatment of section 941.285 of the statutes first applies to acts 16
committed on the effective date of this subsection.
(1) This act takes effect on January 1, 2011.