2013 - 2014 LEGISLATURE
April 4, 2013 - Introduced by Representatives Richards,
Berceau, Barnes, Goyke,
Johnson, Bernard Schaber, Billings, Clark, Genrich, Hebl, Hesselbein,
Hulsey, Kahl, Kessler, Kolste, Ohnstad, Pasch, Pope, Riemer, Ringhand,
Sargent, Sinicki, C. Taylor, Wright, Young, Zamarripa and Zepnick,
cosponsored by Senators Harris, Lehman, Risser, Carpenter, Hansen,
Miller, Shilling and L. Taylor. Referred to Committee on Criminal Justice.
1An Act to repeal
175.35 (1) (b); to renumber
175.35 (2) (a), (b), (c) and (d) and 2
175.35 (2j); to renumber and amend
175.35 (2) (intro.) and 175.35 (2i); to
20.455 (2) (gr), 175.35 (title), 175.35 (1) (at), 175.35 (2g) (a), 175.35 (2g) 4
(b), 175.35 (2g) (c) 4. c., 175.35 (2k) (ar) 2., 175.35 (2k) (c) 2. a., 175.35 (2k) (c) 5
2. b., 175.35 (2k) (g), 175.35 (2k) (h), 175.35 (2L), 175.35 (2t) (a), (b) and (c), 6
175.60 (7) (d), 175.60 (15) (b) 4. b., 938.208 (1) (b), 938.34 (4m) (b) 2., 938.341, 7
941.237 (1) (d), 941.296 (1) (b), 968.20 (3) (b), 971.17 (1g) and 973.176 (1); and 8to create
175.33, 175.35 (2) (bm), 175.35 (2) (cm) (intro.), 175.35 (2i) (b) 2., 9
175.35 (2j) (b), 941.29 (1) (dm), 941.29 (1) (dn), 941.29 (1) (do), 941.29 (2) (dm), 10
941.29 (2) (dn) and 941.29 (2) (do) of the statutes; relating to: sales and
11transfers of firearms and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law provides that various conditions, including a background check of
a prospective purchaser, must be met before a federally licensed firearms dealer may
transfer a handgun after a sale. This bill generally prohibits a person from selling
or transferring a firearm unless the sale or transfer occurs through a federally
licensed firearms dealer and involves a background check of the prospective
transferee. Under this bill, the following are excepted from that prohibition: a sale
or transfer to a firearms dealer, a sale or transfer for which the waiting period for the
purchase of a handgun under current law does not apply, a transfer that is by gift,
bequest, or inheritance to a family member, or a transfer that is intended to be
temporary and that has a purpose that is not illegal. A person who is convicted of
violating the prohibition is guilty of a misdemeanor and must be fined not less than
$500 nor more than $10,000, may be imprisoned for not more than nine months, and
may not possess a firearm for a period of two years.
For further information see the state 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:
AB138, s. 1
20.455 (2) (gr) of the statutes is amended to read:
Firearm purchaser record check
All moneys 3
received as fee payments under s. 175.35 (2i) (a)
to provide services under s. 175.35.
AB138, s. 2
175.33 of the statutes is created to read:
5175.33 Transfer of firearms. (1)
In this section:
(a) "Family member" means a spouse, parent, grandparent, sibling, child, or 7
grandchild. The relationship may be by blood, marriage, or adoption.
(b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
No person may sell or transfer ownership of a firearm, or purchase or obtain 10
ownership of a firearm, unless one of the following applies:
(a) The seller or transferor is a firearms dealer.
(b) The seller or transferor makes the sale or transfer to or through a firearms 13
dealer and obtains a receipt under s. 175.35 (2j) (b).
(c) The sale or transfer of ownership of the firearm is one of the transfers listed 15
under s. 175.35 (2t).
(d) The transferor is transferring ownership of the firearm to a family member 2
by gift, bequest, or inheritance, the transferee is not prohibited from possessing a 3
firearm under s. 941.29, and the transferee is at least 18 years of age.
(e) The transferor is transferring ownership of the firearm with the intent that 5
the transfer be temporary, neither the transferor nor the transferee is prohibited 6
from possessing a firearm under s. 941.29, and the purpose of the transfer is not 7
prohibited by law.
Any person who intentionally violates sub. (2) is guilty of a misdemeanor 9
and shall be fined not less than $500 nor more than $10,000 and may be imprisoned 10
for not more than 9 months. The person is also prohibited under s. 941.29 from 11
possessing a firearm for a period of 2 years.
AB138, s. 3
175.35 (title) of the statutes is amended to read:
(title) Waiting period for purchase of handguns firearms.
AB138, s. 4
175.35 (1) (at) of the statutes is amended to read:
(at) "Firearms restrictions record search" means a search of 16
department of justice records to determine whether a person seeking to purchase a 17handgun firearm
is prohibited from possessing a firearm under s. 941.29. "Firearms 18
restriction record search" includes a criminal history record search, a search to 19
determine whether a person is prohibited from possessing a firearm under s. 51.20 20
(13) (cv) 1., 2007 stats., a search in the national instant criminal background check 21
system to determine whether a person has been ordered not to possess a firearm 22
under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search 23
to determine whether the person is subject to an injunction under s. 813.12 or 24
813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court 25
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 2
or she is subject to the requirements and penalties under s. 941.29 and that has been 3
filed with the circuit court under s. 806.247 (3), and a search to determine whether 4
the person is prohibited from possessing a firearm under s. 813.125 (4m).
AB138, s. 5
175.35 (1) (b) of the statutes is repealed.
AB138, s. 6
175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and 7
amended to read:
(am) When a firearms dealer sells or transfers
a handgun firearm
he or she may not transfer possession of that handgun
to any other person 10
until all of the following have occurred: requirements under par. (cm) have been met.
AB138, s. 7
175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35 12
(2) (cm) 1., 2., 3. and 4.
AB138, s. 8
175.35 (2) (bm) of the statutes is created to read:
(bm) When a person sells a firearm or transfers ownership of a 15
firearm through a firearms dealer, the person may not transfer possession of that 16
firearm to any person other than the firearms dealer, and the firearms dealer may 17
not transfer or authorize the transfer of possession of that firearm to any person, 18
until all of the requirements of par. (cm) have been met. This paragraph does not 19
apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms 20
AB138, s. 9
175.35 (2) (cm) (intro.) of the statutes is created to read:
(cm) (intro.) All of the following must occur before a sale or transfer 23
of a firearm occurs under par. (am) or (bm):
AB138, s. 10
175.35 (2g) (a) of the statutes is amended to read:
(a) The department of justice shall promulgate rules prescribing 2
procedures for use under sub. (2) (cm) 1.
for a transferee to provide and a firearms 3
dealer to inspect identification containing a photograph of the transferee.
AB138, s. 11
175.35 (2g) (b) of the statutes is amended to read:
(b) The department of justice shall promulgate rules prescribing 6
a notification form for use under sub. (2) (cm) 2.
requiring the transferee to provide 7
his or her name, date of birth, gender, race and social security number,
and other 8
identification necessary to permit an accurate firearms restrictions record search 9
under par. (c) 3. and the required notification under par. (c) 4. The department of 10
justice shall make the forms available at locations throughout the state.
AB138, s. 12
175.35 (2g) (c) 4. c. of the statutes is amended to read:
(c) 4. c. If the search indicates a felony charge without a recorded 13
disposition, the deadline under sub. (2) (d) (cm) 4.
is extended to the end of the 3rd 14
complete working day commencing after the day on which the finding is made. The 15
department shall notify the firearms dealer of the extension as soon as practicable. 16
During the extended period, the department shall make every reasonable effort to 17
determine the disposition of the charge and notify the firearms dealer of the results 18
as soon as practicable.
AB138, s. 13
175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and 20
amended to read:
(a) The department shall charge a firearms dealer a $13 fee for each 22
firearms restrictions record search that the firearms dealer requests under sub. (2) 23(c) (cm) 3
The firearms dealer may collect the fee under par. (a)
from the transferee.
The department may refuse to conduct firearms restrictions record searches 2
for any firearms dealer who fails to pay any fee under this subsection par. (a)
30 days after billing by the department.
AB138, s. 14
175.35 (2i) (b) 2. of the statutes is created to read:
(b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer 6
may collect from the transferor the fee under par. (a) and any additional amount to 7
cover any costs he or she incurs in processing the transfer.
AB138, s. 15
175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
AB138, s. 16
175.35 (2j) (b) of the statutes is created to read: