LRB-2337/2
CMH:klm&wlj
2017 - 2018 LEGISLATURE
September 14, 2017 - Introduced by Senators Darling, Wanggaard, Carpenter,
Erpenbach and Lasee, cosponsored by Representatives Sanfelippo,
Anderson, Brandtjen, E. Brooks, Duchow, Edming, Gannon, Kuglitsch,
Ripp, Rohrkaste and Thiesfeldt. Referred to Committee on Judiciary and
Public Safety.
SB408,1,8 1An Act to repeal 941.29 (4); to renumber 175.35 (2g) (b); to renumber and
2amend
175.35 (3); to amend 48.57 (3p) (g) 2., 165.63 (4) (a), 813.1285 (3) (a)
31. d., 813.1285 (4) (b) 1. (intro.), 813.1285 (7) (b), 941.29 (1g) (a), 973.12 and
4976.05 (12); and to create 175.35 (2g) (b) 2., 175.35 (3) (b), 175.35 (4), 939.46
5(3), 939.6195 and 941.2905 of the statutes; relating to: furnishing, purchasing,
6or possessing a firearm for a person who is prohibited from possessing a
7firearm, mandatory minimum sentences for individuals who commit certain
8firearm violations, and providing criminal penalties.
Analysis by the Legislative Reference Bureau
This bill creates a crime for purchasing a firearm with the intent to transfer it
to a person who is prohibited from possessing a firearm, which is also known as
“straw purchasing.” The crime under the bill includes furnishing or possessing a
firearm for a prohibited person. Under current law, a person who knowingly
furnishes with a firearm a person who is prohibited from possessing a firearm may
be convicted of illegal possession of a firearm.
Under current law, a federally licensed firearm dealer may not transfer a
handgun to a person until the person has completed a form that the dealer must use
to conduct a background check on the person. If a person provides false information

on the form, the person must be fined not less than $500 nor more than $10,000 and
may be imprisoned for not more than nine months. This bill increases the penalty
to a Class H felony if the false information regards whether the person is purchasing
the firearm with the purpose or intent of transferring the firearm to a person who
is prohibited from possessing a firearm. This bill authorizes the Department of
Justice to prosecute the violation.
This bill also creates an affirmative defense to straw purchasing crimes if the
defendant has ever filed a petition for a domestic abuse injunction or a child abuse
injunction against the person for whom the defendant was furnishing, purchasing,
or possessing the firearm or for whom the defendant provided false information on
a firearm form.
Under this bill, a person is subject to a mandatory minimum period of
confinement in prison of four years if the person is convicted of illegally possessing
a firearm or convicted of another crime involving a firearm and, within five years
prior to that conviction, he or she had been convicted of committing either three
misdemeanors or one felony. This mandatory minimum sentence requirement
expires on July 1, 2022.
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:
SB408,1 1Section 1. 48.57 (3p) (g) 2. of the statutes is amended to read:
SB408,2,62 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified
3in s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.6195, 939.62, 939.621,
4939.63 or 939.645 or has been convicted of a violation of the law of any other state
5or federal law under circumstances under which the person would be subject to a
6penalty specified in any of those sections if convicted in this state.
SB408,2 7Section 2. 165.63 (4) (a) of the statutes is amended to read:
SB408,2,88 165.63 (4) (a) Enforce or investigate a violation of s. 941.29 or 941.2905.
SB408,3 9Section 3. 175.35 (2g) (b) of the statutes is renumbered 175.35 (2g) (b) 1.
SB408,4 10Section 4. 175.35 (2g) (b) 2. of the statutes is created to read:
SB408,3,411 175.35 (2g) (b) 2. The department of justice shall ensure that each notification
12form under subd. 1. requires the transferee to indicate that he or she is not

1purchasing the firearm with the purpose or intent to transfer the firearm to a person
2who is prohibited from possessing a firearm under state or federal law and that each
3notification form informs the transferee that making a false statement with regard
4to this purpose or intent is a Class H felony.
SB408,5 5Section 5. 175.35 (3) of the statutes is renumbered 175.35 (3) (a) and amended
6to read:
SB408,3,97 175.35 (3) (a) Any person who intentionally violates sub. (2), (2e), (2f), or (2j)
8shall be fined not less than $500 nor more than $10,000 and may be imprisoned for
9not more than 9 months.
SB408,6 10Section 6. 175.35 (3) (b) of the statutes is created to read:
SB408,3,1311 175.35 (3) (b) 1. Except as provided in subd. 2., a person who intentionally
12violates sub. (2e) shall be fined not less than $500 nor more than $10,000 and may
13be imprisoned for not more than 9 months.
SB408,3,1814 2. A person who violates sub. (2e) by intentionally providing false information
15regarding whether he or she is purchasing the firearm with the purpose or intent to
16transfer the firearm to another who the person knows or reasonably should know is
17prohibited from possessing a firearm under state or federal law is guilty of a Class
18H felony. The penalty shall include a fine that is not less than $500.
SB408,7 19Section 7. 175.35 (4) of the statutes is created to read:
SB408,3,2420 175.35 (4) The department of justice or the district attorney may institute,
21manage, control, and direct, in the proper county, a prosecution for a violation of sub.
22(2e) that is punishable under sub. (3) (b) 2. When prosecuting such a violation, the
23department of justice shall have and exercise all powers conferred upon district
24attorneys.
SB408,8 25Section 8. 813.1285 (3) (a) 1. d. of the statutes is amended to read:
SB408,4,2
1813.1285 (3) (a) 1. d. The court informs the person to whom the firearm is
2surrendered of the requirements and penalties under s. 941.29 (4) 941.2905.
SB408,9 3Section 9. 813.1285 (4) (b) 1. (intro.) of the statutes is amended to read:
SB408,4,104 813.1285 (4) (b) 1. (intro.) If the respondent wants to surrender his or her
5firearms to a person who is not the sheriff and who appears at the hearing to
6surrender firearms, and if the court, after considering all relevant factors and input
7from the petitioner, approves the surrender and informs the person to whom the
8firearms are surrendered of the requirements and penalties under s. 941.29 (4)
9941.2905, order the respondent to surrender his or her firearms in one of the
10following ways:
SB408,10 11Section 10. 813.1285 (7) (b) of the statutes is amended to read:
SB408,4,2112 813.1285 (7) (b) If a respondent surrenders a firearm under this section that
13is owned by a person other than the respondent, the person who owns the firearm
14may apply for its return to the circuit court for the county in which the person to
15whom the firearm was surrendered is located. The court shall order such notice as
16it considers adequate to be given to all persons who have or may have an interest in
17the firearm and shall hold a hearing to hear all claims to its true ownership. If the
18right to possession is proved to the court's satisfaction, it shall order the firearm
19returned. If the court returns a firearm under this paragraph, the court shall inform
20the person to whom the firearm is returned of the requirements and penalties under
21s. 941.29 (4) 941.2905.
SB408,11 22Section 11. 939.46 (3) of the statutes is created to read:
SB408,5,323 939.46 (3) A petitioner under s. 813.12 or 813.122, or an individual whose
24parent, stepparent, or legal guardian filed a petition under s. 813.122 on behalf of the
25individual as a child victim, as defined in s. 813.122 (1) (c), has an affirmative defense

1for an offense under s. 175.35 (2e) that is punishable under s. 175.35 (3) (b) 2., or for
2an offense under s. 941.2905, if the person prohibited from possessing a firearm was
3the respondent in the action under s. 813.12 or 813.122.
SB408,12 4Section 12. 939.6195 of the statutes is created to read:
SB408,5,6 5939.6195 Mandatory minimum sentence for repeat firearm crimes. (1)
6In this section:
SB408,5,77 (a) “Firearm violation" means any of the following:
SB408,5,88 1. A violation of s. 941.29 or 941.2905.
SB408,5,109 2. A commission of any crime specified under chs. 939 to 951 and 961 if the
10person uses a firearm in the commission of the crime.
SB408,5,1111 (b) “Repeater" has the meaning given in s. 939.62 (2).
SB408,5,16 12(2) If a person who is a repeater is convicted of a firearm violation, the court
13shall impose a bifurcated sentence under s. 973.01. Notwithstanding s. 973.01 (2)
14(b), the term of confinement in prison portion of the bifurcated sentence shall be at
15least 4 years, but otherwise the penalties for the crime apply, subject to any
16applicable penalty enhancement. The court may not place the person on probation.
SB408,5,17 17(3) This section does not apply to sentences imposed after July 1, 2022.
SB408,5,23 18(4) The department of justice shall, after consulting with persons the
19department determines to be appropriate, including the city of Milwaukee and the
20Milwaukee police department, prepare a report on the efficacy of the mandatory
21minimum sentence under this section. No later than August 1, 2022, the department
22of justice shall submit the report to the chief clerk of each house of the legislature,
23for distribution to the legislature under s. 13.172 (2).
SB408,13 24Section 13. 941.29 (1g) (a) of the statutes is amended to read:
SB408,6,8
1941.29 (1g) (a) “Violent felony" means any felony under s. 943.23 (1m), 1999
2stats., or s. 943.23 (1r), 1999 stats., this section, or s. 940.01, 940.02, 940.03, 940.05,
3940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21,
4940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305,
5940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.2905, 941.292,
6941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32,
7943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06,
8948.07, 948.08, 948.085, or 948.30.
SB408,14 9Section 14. 941.29 (4) of the statutes is repealed.
SB408,15 10Section 15. 941.2905 of the statutes is created to read:
SB408,6,14 11941.2905 Straw purchasing of firearms. (1) Whoever intentionally
12furnishes, purchases, or possesses a firearm for a person, knowing that the person
13is prohibited from possessing a firearm under s. 941.29 (1m), is guilty of a Class G
14felony.
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