LRB-1710/1
CMH:kjf:rs
2015 - 2016 LEGISLATURE
May 14, 2015 - Introduced by Senators Harris Dodd, Hansen,
Carpenter, C.
Larson, Ringhand, Risser and L. Taylor, cosponsored by Representatives
Berceau, Barnes, Goyke, Johnson, Sargent, Billings, Bowen, Genrich,
Hebl, Hesselbein, Kahl, Kessler, Kolste, Meyers, Ohnstad, Pope, Riemer,
Spreitzer, Stuck, Subeck, C. Taylor, Young, Zamarripa and Zepnick.
Referred to Committee on Judiciary and Public Safety.
SB159,1,11
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:
SB159,1
1Section
1. 20.455 (2) (gr) of the statutes is amended to read:
SB159,2,52
20.455
(2) (gr)
Handgun
Firearm purchaser record check
fee; checks for licenses
3or certifications to carry concealed weapons. All moneys received as fee payments
4under ss. 175.35 (2i)
(a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4.
5a. and b. to provide services under ss. 175.35, 175.49, and 175.60.
SB159,2
6Section
2. 175.33 of the statutes is created to read:
SB159,2,7
7175.33 Transfer of firearms. (1) In this section:
SB159,2,98
(a) "Family member" means a spouse, parent, grandparent, sibling, child, or
9grandchild. The relationship may be by blood, marriage, or adoption.
SB159,2,1010
(b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB159,2,12
11(2) No person may sell or transfer ownership of a firearm, or purchase or obtain
12ownership of a firearm, unless one of the following applies:
SB159,2,1313
(a) The seller or transferor is a firearms dealer.
SB159,2,1514
(b) The seller or transferor makes the sale or transfer to or through a firearms
15dealer and obtains a receipt under s. 175.35 (2j) (b).
SB159,3,2
1(c) The sale or transfer of ownership of the firearm is one of the transfers listed
2under s. 175.35 (2t).
SB159,3,53
(d) The transferor is transferring ownership of the firearm to a family member
4by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
5firearm under s. 941.29, and the transferee is at least 18 years of age.
SB159,3,96
(e) The transferor is transferring ownership of the firearm with the intent that
7the transfer be temporary, neither the transferor nor the transferee is prohibited
8from possessing a firearm under s. 941.29, and the purpose of the transfer is not
9prohibited by law.
SB159,3,13
10(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
11and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
12for not more than 9 months. The person is also prohibited under s. 941.29 from
13possessing a firearm for a period of 2 years.
SB159,3
14Section
3. 175.35 (title) of the statutes is amended to read:
SB159,3,15
15175.35 (title)
Waiting period for purchase of handguns firearms.
SB159,4
16Section
4. 175.35 (1) (at) of the statutes is amended to read:
SB159,4,717
175.35
(1) (at) "Firearms restrictions record search" means a search of
18department of justice records to determine whether a person seeking to purchase a
19handgun firearm is prohibited from possessing a firearm under s. 941.29. "Firearms
20restrictions record search" includes a criminal history record search, a search to
21determine whether a person is prohibited from possessing a firearm under s. 51.20
22(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
23system to determine whether a person has been ordered not to possess a firearm
24under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
25to determine whether the person is subject to an injunction under s. 813.12 or
1813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
2established by any federally recognized Wisconsin Indian tribe or band, except the
3Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
4or she is subject to the requirements and penalties under s. 941.29 and that has been
5filed with the circuit court under s. 806.247 (3), and a search to determine whether
6the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125
7(4m).
SB159,5
8Section
5. 175.35 (1) (b) of the statutes is repealed.
SB159,6
9Section
6. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
10amended to read:
SB159,4,1311
175.35
(2) (am) When a firearms dealer sells
or transfers a
handgun firearm,
12he or she may not transfer possession of that
handgun
firearm to any other person
13until all of the
following have occurred: requirements under par. (cm) have been met.
SB159,7
14Section
7. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
15(2) (cm) 1., 2., 3. and 4.
SB159,8
16Section
8. 175.35 (2) (bm) of the statutes is created to read:
SB159,4,2317
175.35
(2) (bm) When a person sells a firearm or transfers ownership of a
18firearm through a firearms dealer, the person may not transfer possession of that
19firearm to any person other than the firearms dealer, and the firearms dealer may
20not transfer or authorize the transfer of possession of that firearm to any person,
21until all of the requirements of par. (cm) have been met. This paragraph does not
22apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms
23dealer.
SB159,9
24Section
9. 175.35 (2) (cm) (intro.) of the statutes is created to read:
SB159,5,2
1175.35
(2) (cm) (intro.) All of the following must occur before a sale or transfer
2of a firearm occurs under par. (am) or (bm):
SB159,10
3Section
10. 175.35 (2g) (a) of the statutes is amended to read:
SB159,5,64
175.35
(2g) (a) The department of justice shall promulgate rules prescribing
5procedures
for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
6dealer to inspect identification containing a photograph of the transferee.
SB159,11
7Section
11. 175.35 (2g) (b) of the statutes is amended to read:
SB159,5,138
175.35
(2g) (b) The department of justice shall promulgate rules prescribing
9a notification form for use under sub. (2)
(cm) 2. requiring the transferee to provide
10his or her name, date of birth, gender, race
, and social security number and other
11identification necessary to permit an accurate firearms restrictions record search
12under par. (c) 3. and the required notification under par. (c) 4. The department of
13justice shall make the forms available at locations throughout the state.
SB159,12
14Section
12. 175.35 (2g) (c) 4. c. of the statutes is amended to read:
SB159,5,2115
175.35
(2g) (c) 4. c. If the search indicates a felony charge without a recorded
16disposition, the deadline under sub. (2)
(d) (cm) 4. is extended to the end of the 3rd
17complete working day commencing after the day on which the finding is made. The
18department shall notify the firearms dealer of the extension as soon as practicable.
19During the extended period, the department shall make every reasonable effort to
20determine the disposition of the charge and notify the firearms dealer of the results
21as soon as practicable.
SB159,13
22Section
13. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
23amended to read:
SB159,6,3
1175.35
(2i) (a) The department shall charge a firearms dealer a $10 fee for each
2firearms restrictions record search that the firearms dealer requests under sub. (2)
3(c) (cm) 3.
SB159,6,4
4(b) 1. The firearms dealer may collect the fee
under par. (a) from the transferee.
SB159,6,7
5(c) The department may refuse to conduct firearms restrictions record searches
6for any firearms dealer who fails to pay any fee under
this subsection par. (a) within
730 days after billing by the department.
SB159,14
8Section
14. 175.35 (2i) (b) 2. of the statutes is created to read:
SB159,6,119
175.35
(2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
10may collect from the transferor the fee under par. (a) and any additional amount to
11cover any costs he or she incurs in processing the transfer.
SB159,15
12Section
15. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
SB159,16
13Section
16. 175.35 (2j) (b) of the statutes is created to read:
SB159,6,1814
175.35
(2j) (b) If a person sells a firearm or transfers ownership of a firearm
15through a firearms dealer under sub. (2) (bm), or sells a firearm or transfers
16ownership of a firearm to a firearms dealer, the firearms dealer shall provide the
17person a written receipt documenting the dealer's participation in the sale or
18transfer.
SB159,17
19Section
17. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB159,7,220
175.35
(2k) (ar) 2. Check each notification form received under sub. (2j)
(a) 21against the information recorded by the department regarding the corresponding
22request for a firearms restrictions record search under sub. (2g). If the department
23previously provided a unique approval number regarding the request and nothing
24in the completed notification form indicates that the transferee is prohibited from
25possessing a firearm under s. 941.29, the department shall destroy all records
1regarding that firearms restrictions record search within 30 days after receiving the
2notification form.