LRB-0312/1
CMH:klm
2017 - 2018 LEGISLATURE
July 13, 2017 - Introduced by Senators L. Taylor, Miller and Risser, cosponsored
by Representatives Young, Crowley, Anderson, Berceau, Brostoff,
Kessler, Sargent, Subeck and Zepnick. Referred to Committee on Judiciary
and Public Safety.
SB348,1,3 1An Act to create 175.36 and 941.285 of the statutes; relating to: creating a
2microstamping requirement for certain handguns, requiring the exercise of
3rule-making authority, and providing criminal penalties.
Analysis by the Legislative Reference Bureau
This bill prohibits a gun manufacturer or a firearms dealer from transferring
a semiautomatic handgun that does not produce an identifying code, or microstamp,
on each cartridge case it expends if both of the following apply: 1) the handgun was
manufactured on or after January 1, 2019; and 2) the handgun has not previously
been transferred to a person that is not a manufacturer or dealer. This bill also
prohibits a manufacturer in this state from manufacturing, on or after January 1,
2019, a semiautomatic handgun that does not produce a microstamp. A person that
violates one of these prohibitions is subject to a fine of up to $1,000 or imprisonment
for up to nine months, or both.
The bill also requires manufacturers and dealers who transfer a handgun that
is required to produce microstamps to certify that the handgun produces
microstamps and that the manufacturer of the handgun will disclose to a law
enforcement agency that has collected a microstamp from an expended cartridge
during a criminal investigation the make, model, and serial number of the handgun
that expended the cartridge.
This bill prohibits a person from modifying a semiautomatic handgun that
produces microstamps if the person intends to prevent law enforcement from being
able to access the microstamp on an expended cartridge. A person who violates this

prohibition is guilty of a misdemeanor and is subject to a fine of up to $1,000 or
imprisonment for not more than 90 days, or both. A person who transfers a
semiautomatic handgun that he or she knows has been modified in violation of this
prohibition is subject to a fine of up to $1,000 or imprisonment for not more than nine
months, or both.
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:
SB348,1 1Section 1. 175.36 of the statutes is created to read:
SB348,2,2 2175.36 Semiautomatic handgun identification. (1) In this section:
SB348,2,33 (a) “Department" means the department of justice.
SB348,2,44 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB348,2,65 (c) “Handgun" has the meaning given in s. 175.35 (1) (b) except that “handgun"
6does not include a revolver.
SB348,2,87 (cm) “Law enforcement agency" has the meaning given in s. 165.83 (1) (b) and
8includes a district attorney's office.
SB348,2,109 (d) “Manufacturer" means a person who possesses a federal license to
10manufacture firearms or ammunition for sale or distribution.
SB348,2,1311 (e) “Microstamp" means a unique code on at least 2 locations on each expended
12cartridge case that identifies the make, model, and serial number of the handgun
13that expended the cartridge.
SB348,2,1614 (f) “Semiautomatic" means capable of using a portion of the energy of a firing
15cartridge to extract the fired cartridge case and deliver another cartridge to the firing
16chamber, if a separate pull of the trigger is required to fire each cartridge.
SB348,2,1717 (g) “Transfer" has the meaning given in s. 939.22 (40).
SB348,3,3
1(2) (a) No manufacturer or firearms dealer may transfer a semiautomatic
2handgun manufactured on or after January 1, 2019, to a firearms dealer in this state
3unless the semiautomatic handgun produces microstamps.
SB348,3,64 (b) No manufacturer may manufacture a semiautomatic handgun in this state
5on or after January 1, 2019, unless the semiautomatic handgun produces
6microstamps.
SB348,3,127 (c) 1. If a manufacturer or a firearms dealer transfers to a firearms dealer a
8semiautomatic handgun that was manufactured on or after January 1, 2019, the
9firearms dealer that received the semiautomatic handgun may not transfer the
10semiautomatic handgun in this state unless the manufacturer or the firearms dealer
11that transferred the semiautomatic handgun has certified under sub. (3) (a) that the
12semiautomatic handgun produces microstamps.
SB348,3,1813 2. If a person that is not a manufacturer or a firearms dealer transfers to a
14firearms dealer a semiautomatic handgun that was manufactured on or after
15January 1, 2019, and that was designed to produce microstamps, the firearms dealer
16may, unless the firearms dealer knows that the transfer would violate sub. (5),
17transfer the semiautomatic handgun in this state without certifying under sub. (3)
18(a) that the semiautomatic handgun produces microstamps.
SB348,3,23 19(3) (a) A manufacturer or a firearms dealer that transfers a semiautomatic
20handgun that was manufactured on or after January 1, 2019, to a firearms dealer
21in this state shall certify, in the manner specified in the rules developed under sub.
22(6) and subject to prosecution for false swearing under s. 946.32, all of the following
23conditions:
SB348,3,2524 1. Except as provided in par. (b), that the semiautomatic handgun produces
25microstamps.
SB348,4,4
12. That the manufacturer shall disclose to a law enforcement agency, when
2presented with a microstamp code from an expended cartridge the law enforcement
3agency collected during a criminal investigation, the make, model, and serial
4number of the semiautomatic handgun that expended the cartridge.
SB348,4,75 (b) Paragraph (a) 1. does not apply to a firearms dealer that transfers a
6semiautomatic handgun to another firearms dealer in this state if the semiautomatic
7handgun was previously transferred to a person that is not a firearms dealer.
SB348,4,11 8(4) (a) If a resident of this state acquired, while not a resident of this state
9through legal means outside of this state, a semiautomatic handgun that was
10manufactured on or after January 1, 2019, and that does not produce microstamps,
11he or she may transfer the semiautomatic handgun only to a firearms dealer.
SB348,4,1312 (b) A firearms dealer that is transferred a semiautomatic handgun under par.
13(a) may not transfer the semiautomatic handgun to any person in this state.
SB348,4,15 14(5) No person may transfer a semiautomatic handgun that the person knows
15has been modified in violation of s. 941.285 (2).
SB348,4,16 16(6) The department shall promulgate rules that do all of the following:
SB348,4,2117 (a) Identify the conditions necessary for a manufacturer to disclose to a law
18enforcement agency, when presented with a microstamp code from an expended
19cartridge the law enforcement agency collected during a criminal investigation, the
20make, model, and serial number of the semiautomatic handgun that expended the
21cartridge.
SB348,4,2322 (b) Specify the manner in which a manufacturer must certify under sub. (3) the
23conditions under sub. (3) (a) 1. and 2.
SB348,4,25 24(7) Any person who violates sub. (2), (4), or (5) may be fined not more than
25$1,000 or may be imprisoned for not more than 9 months, or both.
SB348,2
1Section 2. 941.285 of the statutes is created to read:
SB348,5,2 2941.285 Modifying a semiautomatic handgun. (1) In this section:
SB348,5,33 (a) “Handgun" has the meaning given in s. 175.36 (1) (c).
SB348,5,44 (b) “Microstamp" has the meaning given in s. 175.36 (1) (e).
SB348,5,55 (c) “Semiautomatic" has the meaning given in s. 175.36 (1) (f).
SB348,5,9 6(2) Any person who modifies a semiautomatic handgun, or portion of a
7semiautomatic handgun, that produces microstamps with the intention of
8preventing law enforcement from being able to access the microstamp that identifies
9that semiautomatic handgun is guilty of a Class B misdemeanor.
SB348,3 10Section 3. Initial applicability.
SB348,5,1211 (1) The treatment of section 941.285 of the statutes first applies to acts
12committed on the effective date of this subsection.
SB348,4 13Section 4 . Effective date.
SB348,5,1414 (1) This act takes effect on January 1, 2019.
SB348,5,1515 (End)
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