SB134: Bill Text

LRB-0096/1

PJH:wlj:md

2011 - 2012 LEGISLATURE

2011 Senate BILL 134

June 22, 2011 - Introduced by Senators Carpenter, S. Coggs and C. Larson, cosponsored by Representatives D. Cullen, Spanbauer, Turner, Zepnick and Berceau. Referred to Committee on Judiciary, Utilities, Commerce, and Government Operations.

SB134,1,6 An Act to renumber and amend 175.35 (3); to amend 943.34 (1) (intro.), 943.34 (1) (bm) and 948.62 (1) (bm); and to create 175.35 (3) (b) and 175.35 (4) of the statutes; relating to: providing information to a firearms dealer when purchasing a handgun, authorizing the Department of Justice to prosecute violations of certain laws regulating firearms, receiving a stolen firearm, and providing penalties.

Analysis by the Legislative Reference Bureau

Under current law, a federally licensed firearms dealer may not transfer a handgun to a person following a sale until the person has provided identification to the firearms dealer and has completed a notification form prescribed by the Department of Justice (DOJ) that requires the person to provide his or her name, date of birth, gender, race, and social security number and other identifying information. The firearms dealer must then convey the information from the completed notification form to DOJ so that DOJ can conduct a background check to determine whether the person is prohibited from possessing a firearm. A person completing the notification form must provide truthful information on the form. If a person intentionally provides false information, he or she must be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than nine months.

Also under current law, a person who steals a firearm is guilty of a Class H felony and may be fined up to $10,000, imprisoned for up to six years, or both. A person who intentionally receives stolen property may be guilty of a misdemeanor or a felony, depending on the value of the property received, and the amount of the fine, jail time, or imprisonment to which the person may be subjected is determined by the value of the property received.

This bill provides that a person who intentionally gives false information on his or her notification form regarding whether the person is purchasing a firearm with the purpose or intent of transferring the firearm to another whom the person knows or reasonably should know is presently prohibited from possessing a firearm is guilty of a Class H felony and may be fined not less than $500. The bill also authorizes DOJ to prosecute such a violation. Under the bill, a person who intentionally receives a stolen firearm, regardless of the value of the firearm, is guilty of a Class H felony.

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:

SB134, s. 1 Section 1. 175.35 (3) of the statutes is renumbered 175.35 (3) (a) and amended to read:

SB134,2,5 175.35 (3) (a) 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.

SB134, s. 2 Section 2. 175.35 (3) (b) of the statutes is created to read:

SB134,2,9 175.35 (3) (b) 1. Except as provided in subd. 2., a person who intentionally violates sub. (2e) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB134,3,2 2. A person who violates sub. (2e) by intentionally providing false information regarding whether he or she is purchasing a firearm with the purpose or intent of transferring it to another whom the person knows or reasonably should know is presently prohibited from possessing a firearm under state or federal law is guilty of a Class H felony and shall be fined not less than $500.

SB134, s. 3 Section 3. 175.35 (4) of the statutes is created to read:

SB134,3,8 175.35 (4) The department of justice or the district attorney may institute, manage, control, and direct, in the proper county, a prosecution for violation of sub. (2e) that is punishable under sub. (3) (b) 2. When prosecuting such violations, the department of justice shall have and exercise all powers conferred upon district attorneys.

SB134, s. 4 Section 4. 943.34 (1) (intro.) of the statutes is amended to read:

SB134,3,11 943.34 (1) (intro.) Except as provided under s. 948.62, whoever knowingly or intentionally receives or conceals stolen property is guilty of:

SB134, s. 5 Section 5. 943.34 (1) (bm) of the statutes is amended to read:

SB134,3,14 943.34 (1) (bm) A Class H felony, if the property is a firearm or if the value of the property exceeds $5,000 but does not exceed $10,000.

SB134, s. 6 Section 6. 948.62 (1) (bm) of the statutes is amended to read:

SB134,3,17 948.62 (1) (bm) A Class H felony, if the property is a firearm or if the value of the property exceeds $2,500 but does not exceed $5,000.

SB134, s. 7 Section 7. Initial applicability.

SB134,3,21 (1) The treatment of sections 175.35 (3) (b), 943.34 (1) (intro.) and (bm), and 948.62 (1) (bm) of the statutes first applies to offenses committed on the effective date of this subsection.

SB134,3,22 (End)