Amendment AA4-SB93

SB93-AA4,5,3 175.35 (2g) (c) (intro.) The department of justice shall promulgate rules for firearms restrictions record searches regarding transferees under sub. subs. (2) and (2b), including procedures for all of the following:

SB93-AA4, s. 35L Section 35L. 175.35 (2g) (c) 4. c. of the statutes is amended to read:

SB93-AA4,5,11 175.35 (2g) (c) 4. c. If the search indicates a felony charge or a violent nonfelony offense charge without a recorded disposition, the deadline under sub. (2) (d) (2c) (a) 4. is extended to the end of the 3rd complete working day commencing after the day on which the finding is made. The department shall notify the firearms dealer of the extension as soon as practicable. During the extended period, the department shall make every reasonable effort to determine the disposition of the charge and notify the firearms dealer of the results as soon as practicable.

SB93-AA4, s. 35m Section 35m. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

SB93-AA4,5,16 175.35 (2i) (a) The department shall charge a firearms dealer a $13 fee for each firearms restrictions record search that the firearms dealer requests under sub. (2) (c) (2c) (a) 3.

SB93-AA4,5,18 (b) The firearms dealer may collect the fee under par. (a) from the transferee or, if the transfer is made under sub. (2b), from the transferor.

SB93-AA4,5,21 (c) The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection par. (a) within 30 days after billing by the department.

SB93-AA4, s. 35n Section 35n. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

SB93-AA4, s. 35o Section 35o. 175.35 (2j) (b) of the statutes is created to read:

SB93-AA4,6,2 175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm through a firearms dealer under sub. (2b), or sells a firearm or transfers ownership of a firearm to a firearms dealer, the firearms dealer shall provide the person a written receipt documenting the dealer's participation in the sale or transfer.

SB93-AA4, s. 35p Section 35p. 175.35 (2k) (aL) 1. and 3. of the statutes are created to read:

SB93-AA4,6,6 175.35 (2k) (aL) 1. For any transfer of a firearm, the department of justice shall maintain the date of the transfer along with the corresponding information provided under sub. (2g) (b) 2.

SB93-AA4,6,12 3. a. If the firearms restrictions record search under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29 (1m) (a), (b), (bm), (c), (d), (e), or (em), the department of justice shall maintain the date of the firearms restrictions record search under sub. (2g) together with the corresponding confirmation number, the unique nonapproval number, and firearms dealer identification number.

SB93-AA4,6,21 b. If the firearms restrictions record search under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29 (1m) (f) or (g), the department of justice shall maintain the date of the firearms restrictions record search under sub. (2g) together with the corresponding confirmation number, the unique nonapproval number, and firearms dealer identification number. If the department of justice subsequently learns that the prohibition under s. 941.29 (1m) (f) or (g) no longer applies to the subject of the search, the department shall destroy all information regarding that firearms restrictions record search maintained under this subd. 1. b.

SB93-AA4,7,7 c. If the firearms restrictions records search under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29 (1m) (ag), (bg), (br), (cg), or (dg), the department of justice shall maintain the date of the firearms restrictions record search under sub. (2g) together with the corresponding confirmation number, the unique nonapproval number, and firearms dealer identification number. The department of justice shall destroy all information regarding the firearms restrictions record search maintained under this subd. 1. c. either 5 years after the date of the firearms restrictions record search or on the date that the prohibition under s. 941.29 (1m) (ag), (bg), (br), (cg), or (dg) no longer applies to the subject of the search, if that date can be ascertained by the department, whichever is earlier.

SB93-AA4, s. 35q Section 35q. 175.35 (2k) (ar) (intro.) and 1. of the statutes are consolidated, renumbered 175.35 (2k) (ar) and amended to read:

SB93-AA4,7,12 175.35 (2k) (ar) Except as provided in pars. (b) to (j) (k) and as necessary to administer this section, the department of justice shall do all of the following: 1. Deny deny access to any record kept under this section.

SB93-AA4, s. 35r Section 35r. 175.35 (2k) (ar) 2. of the statutes is renumbered 175.35 (2k) (aL) 4. and amended to read:

SB93-AA4,7,22 175.35 (2k) (aL) 4. Check The department of justice shall check each duplicate notification form received under sub. (2j) 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.

SB93-AA4, s. 35s Section 35s. 175.35 (2k) (b) (intro.), 1. and 3. of the statutes are consolidated, renumbered 175.35 (2k) (b) and amended to read:

SB93-AA4,8,3 175.35 (2k) (b) Notwithstanding par. (ar) (aL), the department of justice may maintain all of the following: 1. Records records necessary to comply with federal law. 3. Records and records necessary to administer this section.

SB93-AA4, s. 35t Section 35t. 175.35 (2k) (b) 2. a. and b. of the statutes are consolidated, renumbered 175.35 (2k) (aL) 2. and amended to read:

SB93-AA4,8,14 175.35 (2k) (aL) 2. Except as provided in subd. 2. b., a log of dates of requests for 4., if the department of justice issues an approval number under sub. (2g) (c) 4. b., the department of justice shall maintain for each corresponding transfer the date of the firearms restrictions record searches search under sub. (2g) together with the confirmation numbers number, unique approval and nonapproval numbers number, and firearms dealer identification numbers number corresponding to those dates. b. Within 3 that date. Three years after the department issues a unique approval number, the department shall destroy all corresponding information contained in the log maintained under subd. 2. a. this subdivision.

SB93-AA4, s. 35ta Section 35ta. 175.35 (2k) (c) 2. a. of the statutes is amended to read:

SB93-AA4,8,18 175.35 (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.

SB93-AA4, s. 35tc Section 35tc. 175.35 (2k) (c) 2. b. of the statutes is amended to read:

SB93-AA4,8,23 175.35 (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.

SB93-AA4, s. 35tg Section 35tg. 175.35 (2k) (g) of the statutes is amended to read:

SB93-AA4,9,4 175.35 (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.

SB93-AA4, s. 35th Section 35th. 175.35 (2k) (h) of the statutes is amended to read:

SB93-AA4,9,11 175.35 (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.

SB93-AA4, s. 35ti Section 35ti. 175.35 (2k) (i) of the statutes is amended to read:

SB93-AA4,9,14 175.35 (2k) (i) The department of justice may not charge a fee for any services that the department provides under pars. (c) to (j) (k).

SB93-AA4, s. 35tj Section 35tj. 175.35 (2k) (k) of the statutes is created to read:

SB93-AA4,9,23 175.35 (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.

SB93-AA4, s. 35tk Section 35tk. 175.35 (2t) (a) of the statutes is amended to read:

SB93-AA4,10,2 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

SB93-AA4, s. 35tL Section 35tL. 175.35 (2t) (b) of the statutes is amended to read:

SB93-AA4,10,5 175.35 (2t) (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

SB93-AA4, s. 35tm Section 35tm. 175.35 (2t) (c) of the statutes is amended to read:

SB93-AA4,10,8 175.35 (2t) (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

SB93-AA4, s. 35v Section 35v. 175.35 (3) of the statutes is renumbered 175.35 (3) (b) and amended to read:

SB93-AA4,10,13 175.35 (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.

SB93-AA4, s. 35w Section 35w. 175.35 (3) (a) of the statutes is created to read:

SB93-AA4,10,16 175.35 (3) (a) Any person who intentionally violates sub. (2) or (2b) is guilty of a Class G felony.".

SB93-AA4,10,17 5. Page 21, line 6: delete lines 6 and 7.

SB93-AA4,10,18 6. Page 21, line 11: delete "(b) 1r".

SB93-AA4,10,19 7. Page 26, line 14: delete "(b) 1r.".

SB93-AA4,10,20 8. Page 30, line 4: delete "(1) (f)" and substitute "(1m) (f)".

SB93-AA4,10,21 9. Page 37, line 24: after that line insert:

SB93-AA4,11,2 "(15p) Required posting. A person who organizes an outdoor festival, on public or privately owned property, shall post notice of the prohibition under sub. (16) (a) 29. in a manner that is substantially similar to posting requirements under s. 943.13 (2) (bm) 2. c.".

SB93-AA4,11,3 10. Page 38, line 16: after that line insert:

SB93-AA4,11,4 "9. The state capitol building or the state capitol park.

SB93-AA4,11,6 10. Any building or portion of a building that is owned, occupied, or controlled by the state or any political subdivision of the state.

SB93-AA4,11,9 11. A clinic or office that is used by a physician licensed under ch. 448 or a building or portion of a building used by a health care facility, as defined in s. 150.84 (2).

SB93-AA4,11,11 12. Any church, synagogue, mosque, or other building, structure, or place primarily used for religious worship or another religious purpose.

SB93-AA4,11,14 13. A building or any portion of a building that is used for a domestic violence victim services program or by an organization that provides a safe haven for victims of domestic violence.

SB93-AA4,11,16 14. A place that is on the grounds of a University of Wisconsin institution or extension, a private college or university, or a technical college district.

SB93-AA4,11,18 15. Any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125.

SB93-AA4,11,22 16. Any building or part of a building that is used to provide child care services, except that, if the building is a residence and the owner is a licensee, any weapon that is unloaded and securely locked or encased during the hours in which children are present for the child care services.

SB93-AA4,11,24 17. Any building or part of a building that is used by a county department of human services.

SB93-AA4,12,2 18. Any building or part of a building that is used as a nonprofit organization as described in section 501 (c) of the Internal Revenue Code.

SB93-AA4,12,5 19. Any venue, or stadium at which public sporting events or public concerts are held or any amusement park, except that if an event related to firearms is taking place and the weapon is being used at the event.

SB93-AA4,12,8 20. Any building or part of a building where bingo or a raffle under ch. 563 is conducted, where a lottery under ch. 565 is conducted, or where a race under ch. 562 is conducted.

SB93-AA4,12,9 21. Any place that is within 1,000 feet of a polling place on an election day.

SB93-AA4,12,10 22. On any vehicle used for public transportation purposes.

SB93-AA4,12,11 23. Any public library.

SB93-AA4,12,14 24. Any common area in a building that is a residence that is not a single-family residence if the actor does not own the residence or does not occupy any part of the residence.

SB93-AA4,12,15 25. Any building or place that is used for Summerfest.

SB93-AA4,12,16 26. Miller Park stadium.

SB93-AA4,12,17 27. Any place that is a building on or a place on the grounds of State Fair Park.

SB93-AA4,12,18 28. Any place that is used for an outdoor festival.

SB93-AA4,12,19 29. A zoo.".

SB93-AA4,12,20 11. Page 38, line 24: after that line insert:

SB93-AA4,12,24 "4. A weapon on the premises described under par. (a) 15. if the individual carrying the weapon is the licensee, owner, or manager of the premises, or any employee or agent authorized to possess a weapon by the licensee, owner, or manager of the premises.".

SB93-AA4,13,1 12. Page 39, line 15: after "sub." insert "(15p) or".

SB93-AA4,13,2 13. Page 43, line 3: after that line insert:

SB93-AA4,13,3 " Section 47g. 938.341 of the statutes is amended to read:

SB93-AA4,13,8 938.341 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.

SB93-AA4, s. 47r Section 47r. 938.396 (2g) (d) of the statutes is amended to read:

SB93-AA4,13,19 938.396 (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.".

SB93-AA4,13,21 14. Page 43, line 6: after "felony" insert "or a violent nonfelony offense, as defined in s. 941.29 (1g),".

SB93-AA4,13,22 15. Page 43, line 19: after that line insert:

SB93-AA4,13,23 " Section 49g. 939.6185 of the statutes is created to read:

SB93-AA4,14,7 939.6185 Mandatory minimum sentence for illegally carrying a concealed weapon if previously convicted of violent felony. If a person is convicted of a violation of s. 941.23 (2d) and the person has been previously convicted of a violent offense, as defined in s. 301.048 (2) (bm), the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 3 years. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.

SB93-AA4, s. 49h Section 49h. 939.632 (1) (e) 3. of the statutes is amended to read:

SB93-AA4,14,10 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23 (2), 941.235, 941.24 or 941.38 (3).".

SB93-AA4,14,11 16. Page 43, line 22: delete lines 22 to 24 and substitute:

SB93-AA4,14,14 "941.23 (2) (intro.) Any Except as provided in sub. (2d), any person, other than one of the following, who carries a concealed and dangerous weapon is guilty of a Class A misdemeanor:".