AB843-SSA2-AA2,11,1110 (c) The sale or transfer of ownership of the firearm is one of the transfers listed
11under s. 175.35 (2t).
AB843-SSA2-AA2,11,1412 (d) The transferor is transferring ownership of the firearm to a family member
13by gift, bequest, sale, or inheritance, the transferee is not prohibited from possessing
14a firearm under s. 941.29, and the transferee is at least 18 years of age.
AB843-SSA2-AA2,11,1815 (e) The transferor is transferring ownership of the firearm with the intent that
16the transfer be temporary, neither the transferor nor the transferee is prohibited
17from possessing a firearm under s. 941.29, and the purpose of the transfer is not
18prohibited by law.
AB843-SSA2-AA2,11,22 19(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
20and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
21for not more than 9 months. The person is also prohibited under s. 941.29 from
22possessing a firearm for a period of 2 years.
AB843-SSA2-AA2,21 23Section 21. 175.35 (title) of the statutes is amended to read:
AB843-SSA2-AA2,11,25 24175.35 (title) Purchase Waiting period for the purchase of handguns
25firearms.
AB843-SSA2-AA2,22
1Section 22. 175.35 (1) (at) of the statutes is amended to read:
AB843-SSA2-AA2,12,172 175.35 (1) (at) “Firearms restrictions record search" means a search of
3department of justice records to determine whether a person seeking to purchase a
4handgun firearm is prohibited from possessing a firearm under s. 941.29. “Firearms
5restrictions record search" includes a criminal history record search, a search to
6determine whether a person is prohibited from possessing a firearm under s. 51.20
7(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
8system to determine whether a person has been ordered not to possess a firearm
9under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
10to determine whether the person is subject to an injunction under s. 813.12 or
11813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
12established by any federally recognized Wisconsin Indian tribe or band, except the
13Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
14or she is subject to the requirements and penalties under s. 941.29 and that has been
15filed with the circuit court under s. 813.128 (3g), and a search to determine whether
16the person is prohibited from possessing a firearm under s. 813.123 (5m), 813.124 (3)
17or (4),
or 813.125 (4m).
AB843-SSA2-AA2,23 18Section 23. 175.35 (1) (b) of the statutes is repealed.
AB843-SSA2-AA2,24 19Section 24. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am)
20and amended to read:
AB843-SSA2-AA2,12,2321 175.35 (2) (am) When a firearms dealer sells or transfers a handgun firearm,
22he or she may not transfer possession of that handgun firearm to any other person
23until all of the following have occurred: requirements under par. (cm) have been met.
AB843-SSA2-AA2,25 24Section 25. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
25(2) (cm) 1., 2., 3. and 4., and 175.35 (2) (cm) 4., as renumbered, is amended to read:
AB843-SSA2-AA2,13,6
1175.35 (2) (cm) 4. The Forty-eight hours have elapsed from the time that the
2firearms dealer has received an approval a confirmation number regarding the
3firearms restrictions record search under sub. (2g) (c) from the department of justice
4and the firearms dealer has not been notified that the person is prohibited under
5state or federal law from possessing a firearm or that the department needs an
6extension under sub. (2g) (c) 4. c
.
AB843-SSA2-AA2,26 7Section 26. 175.35 (2) (bm) of the statutes is created to read:
AB843-SSA2-AA2,13,148 175.35 (2) (bm) When a person sells a firearm or transfers ownership of a
9firearm through a firearms dealer, the person may not transfer possession of that
10firearm to any person other than the firearms dealer, and the firearms dealer may
11not transfer or authorize the transfer of possession of that firearm to any person,
12until all of the requirements of par. (cm) have been met. This paragraph does not
13apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms
14dealer.
AB843-SSA2-AA2,27 15Section 27. 175.35 (2) (cm) (intro.) of the statutes is created to read:
AB843-SSA2-AA2,13,1716 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer
17of a firearm occurs under par. (am) or (bm):
AB843-SSA2-AA2,28 18Section 28. 175.35 (2g) (a) of the statutes is amended to read:
AB843-SSA2-AA2,13,2119 175.35 (2g) (a) The department of justice shall promulgate rules prescribing
20procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
21dealer to inspect identification containing a photograph of the transferee.
AB843-SSA2-AA2,29 22Section 29. 175.35 (2g) (b) of the statutes is amended to read:
AB843-SSA2-AA2,14,323 175.35 (2g) (b) The department of justice shall promulgate rules prescribing
24a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to
25provide his or her name, date of birth, gender, race and social security number, and

1other identification necessary to permit an accurate firearms restrictions record
2search under par. (c) 3. and the required notification under par. (c) 4. The department
3of justice shall make the forms available at locations throughout the state.
AB843-SSA2-AA2,30 4Section 30. 175.35 (2g) (c) 4. c. of the statutes is amended to read:
AB843-SSA2-AA2,14,115 175.35 (2g) (c) 4. c. If the search indicates that it is unclear whether the person
6is prohibited under state or federal law from possessing a firearm and the
7department needs more time than provided under sub. (2) (cm) 4. to make the
8determination, the department shall make every reasonable effort to determine
9whether the person is prohibited under state or federal law from possessing a firearm
10and notify the firearms dealer of the results as soon as practicable but no later than
115 working days after the search was requested.
AB843-SSA2-AA2,31 12Section 31. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
13amended to read:
AB843-SSA2-AA2,14,1614 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each
15firearms restrictions record search that the firearms dealer requests under sub. (2)
16(c) (cm) 3.
AB843-SSA2-AA2,14,17 17(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
AB843-SSA2-AA2,14,20 18(c) The department may refuse to conduct firearms restrictions record searches
19for any firearms dealer who fails to pay any fee under this subsection par. (a) within
2030 days after billing by the department.
AB843-SSA2-AA2,32 21Section 32. 175.35 (2i) (b) 2. of the statutes is created to read:
AB843-SSA2-AA2,14,2422 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
23may collect from the transferor the fee under par. (a) and any additional amount to
24cover any costs he or she incurs in processing the transfer.
AB843-SSA2-AA2,33 25Section 33. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
AB843-SSA2-AA2,34
1Section 34. 175.35 (2j) (b) of the statutes is created to read:
AB843-SSA2-AA2,15,62 175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm
3through a firearms dealer under sub. (2) (bm), or sells a firearm or transfers
4ownership of a firearm to a firearms dealer, the firearms dealer shall provide the
5person a written receipt documenting the dealer's participation in the sale or
6transfer.
AB843-SSA2-AA2,35 7Section 35. 175.35 (2k) (ar) 2. of the statutes is amended to read:
AB843-SSA2-AA2,15,158 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a)
9against the information recorded by the department regarding the corresponding
10request for a firearms restrictions record search under sub. (2g). If the department
11previously provided a unique approval number regarding the request and nothing
12in the completed notification form indicates that the transferee is prohibited from
13possessing a firearm under s. 941.29, the department shall destroy all records
14regarding that firearms restrictions record search within 30 days after receiving the
15notification form.
AB843-SSA2-AA2,36 16Section 36. 175.35 (2k) (c) 2. a. of the statutes is amended to read:
AB843-SSA2-AA2,15,1917 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
18is conducting an investigation of a crime in which a handgun firearm was used or was
19attempted to be used or was unlawfully possessed.
AB843-SSA2-AA2,37 20Section 37. 175.35 (2k) (c) 2. b. of the statutes is amended to read:
AB843-SSA2-AA2,15,2421 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority
22within the Wisconsin law enforcement agency that he or she has a reasonable
23suspicion that the person who is the subject of the information request has obtained
24or is attempting to obtain a handgun firearm.
AB843-SSA2-AA2,38 25Section 38. 175.35 (2k) (g) of the statutes is amended to read:
AB843-SSA2-AA2,16,4
1175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the
2transferee is prohibited from possessing a firearm under s. 941.29, the attorney
3general or his or her designee may shall disclose to a law enforcement agency that
4the transferee has attempted to obtain a handgun firearm.
AB843-SSA2-AA2,39 5Section 39. 175.35 (2k) (h) of the statutes is amended to read:
AB843-SSA2-AA2,16,116 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge
7without a recorded disposition and the attorney general or his or her designee has
8reasonable grounds to believe the transferee may pose a danger to himself, herself
9or another, the attorney general or his or her designee may disclose to a law
10enforcement agency that the transferee has obtained or has attempted to obtain a
11handgun firearm.
AB843-SSA2-AA2,40 12Section 40. 175.35 (2L) of the statutes is amended to read:
AB843-SSA2-AA2,16,1813 175.35 (2L) The department of justice shall promulgate rules providing for the
14review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
15to purchase a handgun firearm because the firearms dealer received a nonapproval
16number under sub. (2g) (c) 4. a. may request a firearms restrictions record search
17review under those rules. If the person disagrees with the results of that review, the
18person may file an appeal under rules promulgated by the department.
AB843-SSA2-AA2,41 19Section 41. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
AB843-SSA2-AA2,16,2120 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by
21regulations of the U.S. department of the treasury.
AB843-SSA2-AA2,16,2322 (b) Transfers of any handgun firearm between firearms dealers or between
23wholesalers and dealers.
AB843-SSA2-AA2,16,2524 (c) Transfers of any handgun firearm to law enforcement or armed services
25agencies.
AB843-SSA2-AA2,42
1Section 42. 175.60 (7) (d) of the statutes is amended to read:
AB843-SSA2-AA2,17,32 175.60 (7) (d) A fee for a background check that is equal to the fee charged under
3s. 175.35 (2i) (a).
AB843-SSA2-AA2,43 4Section 43. 175.60 (9g) (a) 2. of the statutes is amended to read:
AB843-SSA2-AA2,17,225 175.60 (9g) (a) 2. The department shall conduct a criminal history record
6search and shall search its records and conduct a search in the national instant
7criminal background check system to determine whether the applicant is prohibited
8from possessing a firearm under federal law; whether the applicant is prohibited
9from possessing a firearm under s. 941.29; whether the applicant is prohibited from
10possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
11has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
1254.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
13under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
14by a court established by any federally recognized Wisconsin Indian tribe or band,
15except the Menominee Indian tribe of Wisconsin, that includes notice to the
16respondent that he or she is subject to the requirements and penalties under s.
17941.29 and that has been filed with the circuit court under s. 813.128 (3g); and
18whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m),
19813.124 (3) or (4),
or 813.125 (4m); and to determine if the court has prohibited the
20applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1)
21(c) and if the applicant is prohibited from possessing a dangerous weapon as a
22condition of release under s. 969.01.
AB843-SSA2-AA2,44 23Section 44. 175.60 (15) (b) 4. b. of the statutes is amended to read:
AB843-SSA2-AA2,17,2524 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged
25under s. 175.35 (2i) (a).
AB843-SSA2-AA2,45
1Section 45. 757.69 (1) (j) of the statutes is amended to read:
AB843-SSA2-AA2,18,32 757.69 (1) (j) Hold hearings, make findings and issue temporary restraining
3orders under s. 813.122 or, 813.123 , or 813.124.
AB843-SSA2-AA2,46 4Section 46. 801.50 (5s) of the statutes is amended to read:
AB843-SSA2-AA2,18,75 801.50 (5s) Venue of an action under s. 813.122 , 813.124, or 813.125 shall be
6in the county in which the cause of action arose or where the petitioner or the
7respondent resides.
AB843-SSA2-AA2,47 8Section 47. 813.06 of the statutes is amended to read:
AB843-SSA2-AA2,18,17 9813.06 Security for damages. In proceedings under s. 767.225 the court or
10judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122,
11813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party
12seeking an injunction, with sureties, to the effect that he or she will pay to the party
13enjoined such damages, not exceeding an amount to be specified, as he or she may
14sustain by reason of the injunction if the court finally decides that the party was not
15entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon
16the party enjoined and the officer serving the same shall, within 8 days after such
17service, file his or her return in the office of the clerk of the court.
AB843-SSA2-AA2,48 18Section 48. 813.124 of the statutes is created to read:
AB843-SSA2-AA2,18,20 19813.124 Lethal violence protective orders and injunctions. (1)
20Definitions. In this section:
AB843-SSA2-AA2,18,2121 (a) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB843-SSA2-AA2,18,2222 (b) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
AB843-SSA2-AA2,18,2423 (c) “Reasonable grounds" means more likely than not that a specific event will
24occur.
AB843-SSA2-AA2,19,19
1(2) Commencement of action and response. (a) No action under this section
2may be commenced by complaint and summons. An action under this section may
3be commenced only by a petition described under sub. (5) (a). The action commences
4with the sheriff serving the petition on the respondent if a copy of the petition is filed
5before service or promptly after service. If the judge or a circuit court commissioner
6extends the time for a hearing under sub. (3) (c) and the petitioner files an affidavit
7with the court stating that personal service by the sheriff under s. 801.11 (1) (a) or
8(b) was unsuccessful because the respondent is avoiding service by concealment or
9otherwise, the judge or circuit court commissioner shall inform the petitioner that
10he or she may serve the respondent by publication of a summary of the petition as
11a class 1 notice, under ch. 985, and by mailing or sending a facsimile if the
12respondent's post-office address or facsimile number is known or can with due
13diligence be ascertained. The mailing or sending of a facsimile may be omitted if the
14post-office address or facsimile number cannot be ascertained with due diligence.
15A summary of the petition published as a class 1 notice shall include the name of the
16respondent and of the petitioner, notice of the temporary restraining order, and
17notice of the date, time, and place of the hearing regarding the injunction. The court
18shall inform the petitioner in writing that the petitioner should contact the sheriff
19to verify the proof of service of the petition.
AB843-SSA2-AA2,19,2220 (b) Section 813.06 does not apply to an action under this section. The
21respondent may respond to the petition either in writing before or at the hearing on
22the issuance of the injunction or orally at that hearing.
AB843-SSA2-AA2,19,2523 (c) When the respondent is served with the petition under this subsection, the
24respondent shall be provided notice of the requirements and penalties under s.
25941.29.
AB843-SSA2-AA2,20,7
1(2m) Two-part procedure. Procedure for an action under this section is in 2
2parts. First, if the petitioner requests a temporary restraining order, the court shall
3issue or refuse to issue that order. Second, the court shall hold a hearing under sub.
4(4) on whether to issue an injunction, which is the final relief. If the court issues a
5temporary restraining order, the order shall set forth the date for the hearing on an
6injunction. If the court does not issue a temporary restraining order, the date for the
7hearing shall be set upon motion by either party.
AB843-SSA2-AA2,20,13 8(3) Temporary restraining order. (a) 1. A judge or circuit court commissioner
9shall issue a temporary restraining order prohibiting the respondent from
10possessing a firearm and ordering the respondent to surrender all of his or her
11firearms if the judge or circuit court commissioner finds reasonable grounds to
12believe that the respondent is substantially likely to injure himself or herself or
13another person if the respondent possesses a firearm.
AB843-SSA2-AA2,20,1514 2. The judge or circuit court commissioner shall base the finding under subd.
151. on the following:
AB843-SSA2-AA2,20,1616 a. Any testimony.
AB843-SSA2-AA2,20,1717 b. The petition.
AB843-SSA2-AA2,20,1918 c. A recent threat of violence or act of violence by the respondent directed
19toward himself or herself or another person.
AB843-SSA2-AA2,20,2220 d. A pattern of violent acts or violent threats by the respondent within the past
2112 months, including threats of violence or acts of violence directed toward himself
22or herself or another person.
AB843-SSA2-AA2,20,2423 3. The judge or circuit court commissioner may base the finding under subd.
241. on any factors in addition to those under subd. 2., including any of the following:
AB843-SSA2-AA2,21,2
1a. Any unlawful or reckless use, display, or brandishing of a firearm by the
2respondent.
AB843-SSA2-AA2,21,43 b. The respondent's history of use, attempted use, or threatened use of physical
4force against himself or herself or another person.
AB843-SSA2-AA2,21,55 c. A prior arrest of the respondent for a felony.
AB843-SSA2-AA2,21,66 d. Evidence that the respondent has abused controlled substances or alcohol.
AB843-SSA2-AA2,21,87 e. Evidence that the respondent has recently acquired firearms, ammunition,
8or other dangerous weapons.
AB843-SSA2-AA2,21,99 (am) The order issued under par. (a) requires one of the following:
AB843-SSA2-AA2,21,1510 1. If the respondent is present at the hearing, the respondent to immediately
11surrender all firearms that he or she has in his or her possession to the sheriff of the
12county in which the action under this section was commenced or to the sheriff of the
13county in which the respondent resides. The sheriff to whom the firearms are
14surrendered may, at the request of the respondent, arrange for the sale of the
15firearms to a firearms dealer.
AB843-SSA2-AA2,21,1616 2. One of the following:
AB843-SSA2-AA2,21,2117 a. If the respondent is not present at the hearing and the sheriff personally
18serves the respondent with the order issued under par. (a), the sheriff to request the
19respondent to immediately surrender all firearms in his or her possession. The
20sheriff may, at the request of the respondent, arrange for the sale of the firearms to
21a firearms dealer.
AB843-SSA2-AA2,22,322 b. If the respondent is not present at the hearing and the sheriff does not
23personally serve the respondent with the order issued under par. (a), the respondent
24to, within 24 hours of service, surrender all firearms in his or her possession to the
25sheriff or sell all firearms in his or her possession to a firearms dealer. Within 48

1hours of service, the respondent shall file with the court that issued the order under
2par. (a) a receipt from the sheriff or firearms dealer indicating that the respondent
3surrendered the firearms.
AB843-SSA2-AA2,22,74 (an) If the respondent does not comply with par. (am) and a law enforcement
5officer has probable cause to believe that the respondent possesses a firearm, the law
6enforcement officer shall request a search warrant to seize the firearms and may use
7information contained in the petition to establish probable cause.
AB843-SSA2-AA2,22,108 (b) Notice need not be given to the respondent before issuing a temporary
9restraining order under this subsection. A temporary restraining order may be
10entered only against the respondent named in the petition.
AB843-SSA2-AA2,22,1911 (c) A temporary restraining order issued under this subsection is in effect until
12a hearing is held on issuance of an injunction under sub. (4). A judge or circuit court
13commissioner shall hold a hearing on issuance of an injunction under sub. (4) within
1414 days after the temporary restraining order is issued, unless the time is extended
15once for up to 14 days upon the written consent of the parties or upon a finding that
16the respondent has not been served with a copy of the temporary restraining order
17although the petitioner has exercised due diligence. A judge or court commissioner
18may not extend the temporary restraining order in lieu of ruling on the issuance of
19an injunction.
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