Feed for /2013/related/proposals/ab138 PDF
LRB-0660/1
CMH:kjf:jf
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.
AB138,1,11 1An Act to repeal 175.35 (1) (b); to renumber 175.35 (2) (a), (b), (c) and (d) and
2175.35 (2j); to renumber and amend 175.35 (2) (intro.) and 175.35 (2i); to
3amend
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)
52. b., 175.35 (2k) (g), 175.35 (2k) (h), 175.35 (2L), 175.35 (2t) (a), (b) and (c),
6175.60 (7) (d), 175.60 (15) (b) 4. b., 938.208 (1) (b), 938.34 (4m) (b) 2., 938.341,
7941.237 (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.,
9175.35 (2j) (b), 941.29 (1) (dm), 941.29 (1) (dn), 941.29 (1) (do), 941.29 (2) (dm),
10941.29 (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 1Section 1. 20.455 (2) (gr) of the statutes is amended to read:
AB138,2,32 20.455 (2) (gr) Handgun Firearm purchaser record check fee. All moneys
3received as fee payments under s. 175.35 (2i) (a) to provide services under s. 175.35.
AB138, s. 2 4Section 2. 175.33 of the statutes is created to read:
AB138,2,5 5175.33 Transfer of firearms. (1) In this section:
AB138,2,76 (a) "Family member" means a spouse, parent, grandparent, sibling, child, or
7grandchild. The relationship may be by blood, marriage, or adoption.
AB138,2,88 (b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB138,2,10 9(2) No person may sell or transfer ownership of a firearm, or purchase or obtain
10ownership of a firearm, unless one of the following applies:
AB138,2,1111 (a) The seller or transferor is a firearms dealer.
AB138,2,1312 (b) The seller or transferor makes the sale or transfer to or through a firearms
13dealer and obtains a receipt under s. 175.35 (2j) (b).
AB138,2,1514 (c) The sale or transfer of ownership of the firearm is one of the transfers listed
15under s. 175.35 (2t).
AB138,3,3
1(d) The transferor is transferring ownership of the firearm to a family member
2by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
3firearm under s. 941.29, and the transferee is at least 18 years of age.
AB138,3,74 (e) The transferor is transferring ownership of the firearm with the intent that
5the transfer be temporary, neither the transferor nor the transferee is prohibited
6from possessing a firearm under s. 941.29, and the purpose of the transfer is not
7prohibited by law.
AB138,3,11 8(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
9and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
10for not more than 9 months. The person is also prohibited under s. 941.29 from
11possessing a firearm for a period of 2 years.
AB138, s. 3 12Section 3. 175.35 (title) of the statutes is amended to read:
AB138,3,13 13175.35 (title) Waiting period for purchase of handguns firearms.
AB138, s. 4 14Section 4. 175.35 (1) (at) of the statutes is amended to read:
AB138,4,415 175.35 (1) (at) "Firearms restrictions record search" means a search of
16department 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
18restriction record search" includes a criminal history record search, a search to
19determine 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
21system to determine whether a person has been ordered not to possess a firearm
22under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
23to determine whether the person is subject to an injunction under s. 813.12 or
24813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
25established by any federally recognized Wisconsin Indian tribe or band, except the

1Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
2or she is subject to the requirements and penalties under s. 941.29 and that has been
3filed with the circuit court under s. 806.247 (3), and a search to determine whether
4the person is prohibited from possessing a firearm under s. 813.125 (4m).
AB138, s. 5 5Section 5. 175.35 (1) (b) of the statutes is repealed.
AB138, s. 6 6Section 6. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
7amended to read:
AB138,4,108 175.35 (2) (am) When a firearms dealer sells or transfers a handgun firearm,
9he or she may not transfer possession of that handgun firearm to any other person
10until all of the following have occurred: requirements under par. (cm) have been met.
AB138, s. 7 11Section 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 13Section 8. 175.35 (2) (bm) of the statutes is created to read:
AB138,4,2014 175.35 (2) (bm) When a person sells a firearm or transfers ownership of a
15firearm through a firearms dealer, the person may not transfer possession of that
16firearm to any person other than the firearms dealer, and the firearms dealer may
17not transfer or authorize the transfer of possession of that firearm to any person,
18until all of the requirements of par. (cm) have been met. This paragraph does not
19apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms
20dealer.
AB138, s. 9 21Section 9. 175.35 (2) (cm) (intro.) of the statutes is created to read:
AB138,4,2322 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer
23of a firearm occurs under par. (am) or (bm):
AB138, s. 10 24Section 10. 175.35 (2g) (a) of the statutes is amended to read:
AB138,5,3
1175.35 (2g) (a) The department of justice shall promulgate rules prescribing
2procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
3dealer to inspect identification containing a photograph of the transferee.
AB138, s. 11 4Section 11. 175.35 (2g) (b) of the statutes is amended to read:
AB138,5,105 175.35 (2g) (b) The department of justice shall promulgate rules prescribing
6a notification form for use under sub. (2) (cm) 2. requiring the transferee to provide
7his or her name, date of birth, gender, race and social security number, and other
8identification necessary to permit an accurate firearms restrictions record search
9under par. (c) 3. and the required notification under par. (c) 4. The department of
10justice shall make the forms available at locations throughout the state.
AB138, s. 12 11Section 12. 175.35 (2g) (c) 4. c. of the statutes is amended to read:
AB138,5,1812 175.35 (2g) (c) 4. c. If the search indicates a felony charge without a recorded
13disposition, the deadline under sub. (2) (d) (cm) 4. is extended to the end of the 3rd
14complete working day commencing after the day on which the finding is made. The
15department shall notify the firearms dealer of the extension as soon as practicable.
16During the extended period, the department shall make every reasonable effort to
17determine the disposition of the charge and notify the firearms dealer of the results
18as soon as practicable.
AB138, s. 13 19Section 13. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
20amended to read:
AB138,5,2321 175.35 (2i) (a) The department shall charge a firearms dealer a $13 fee for each
22firearms restrictions record search that the firearms dealer requests under sub. (2)
23(c) (cm) 3.
AB138,5,24 24(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
AB138,6,3
1(c) The department may refuse to conduct firearms restrictions record searches
2for any firearms dealer who fails to pay any fee under this subsection par. (a) within
330 days after billing by the department.
AB138, s. 14 4Section 14. 175.35 (2i) (b) 2. of the statutes is created to read:
AB138,6,75 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
6may collect from the transferor the fee under par. (a) and any additional amount to
7cover any costs he or she incurs in processing the transfer.
AB138, s. 15 8Section 15. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
AB138, s. 16 9Section 16. 175.35 (2j) (b) of the statutes is created to read:
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