AB431: Bill Text

LRB-3949/1

CMH:cdc/cjs/ahe

2019 - 2020 LEGISLATURE

2019 Assembly BILL 431

September 12, 2019 - Introduced by Representatives Sargent, Stubbs, C. Taylor, Subeck, Zamarripa, Anderson, Billings, Bowen, Brostoff, Cabrera, Considine, Crowley, Doyle, Emerson, Fields, Goyke, Gruszynski, Haywood, Hebl, Hesselbein, Hintz, Kolste, McGuire, B. Meyers, Milroy, L. Myers, Neubauer, Ohnstad, Pope, Riemer, Shankland, Sinicki, Spreitzer, Stuck, Vining and Vruwink, cosponsored by Senators Johnson, Carpenter, Bewley, Erpenbach, Hansen, Larson, Miller, Ringhand, Risser, Schachtner, Shilling, Smith, L. Taylor and Wirch. Referred to Committee on Criminal Justice and Public Safety.

AB431,1,11 An Act to repeal 175.35 (1) (b); to renumber 175.35 (2) (a), (b), (c) and (d) and 175.35 (2j); to renumber and amend 175.35 (2) (intro.) and 175.35 (2i); to amend 20.455 (2) (gr), 175.35 (title), 175.35 (1) (at), 175.35 (2g) (a), 175.35 (2g) (b) 1., 175.35 (2g) (b) 2., 175.35 (2k) (ar) 2., 175.35 (2k) (c) 2. a., 175.35 (2k) (c) 2. b., 175.35 (2k) (g), 175.35 (2k) (h), 175.35 (2L), 175.35 (2t) (a), (b) and (c), 175.35 (3) (b) 2., 175.60 (7) (d), 175.60 (15) (b) 4. b., 938.208 (1) (b), 938.34 (4m) (b) 2., 938.341, 941.237 (1) (d), 941.296 (1) (b), 968.20 (3) (b), 971.17 (1g) and 973.176 (1); and to create 175.33, 175.35 (1) (br), 175.35 (2) (bm), 175.35 (2) (cm) (intro.), 175.35 (2i) (b) 2., 175.35 (2j) (b) and 941.29 (1m) (dm), (dn) and (do) of the statutes; relating to: sales and transfers of firearms and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law provides that certain 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 any firearm, including the frame or receiver of a firearm, unless the sale or transfer occurs through a federally licensed firearms dealer and involves a background check of the prospective transferee. Under the bill, the following are excepted from that prohibition: a sale or transfer to a firearms dealer or to a law enforcement or armed services agency; a sale or transfer of a firearm classified as antique; or a transfer that is by gift, bequest, or inheritance to a family member. 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.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

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:

AB431,1 Section 1 . 20.455 (2) (gr) of the statutes is amended to read:

AB431,2,5 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or certifications to carry concealed weapons. All moneys received as fee payments under ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. to provide services under ss. 175.35, 175.49, and 175.60.

AB431,2 Section 2 . 175.33 of the statutes is created to read:

AB431,2,7 175.33 Transfer of firearms. (1) In this section:

AB431,2,9 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

AB431,2,10 (b) “Firearm” includes the frame or receiver of a firearm.

AB431,2,11 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

AB431,2,13 (2) No person may sell or transfer ownership of a firearm, or purchase or obtain ownership of a firearm, unless one of the following applies:

AB431,2,14 (a) The seller or transferor is a firearms dealer.

AB431,3,2 (b) The seller or transferor makes the sale or transfer to or through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

AB431,3,4 (c) The sale or transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

AB431,3,7 (d) The transferor is transferring ownership of the firearm to a family member by gift, bequest, or inheritance, the transferee is not prohibited from possessing a firearm under s. 941.29 or federal law, and the transferee is at least 18 years of age.

AB431,3,11 (3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor and shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months. The person is also prohibited under s. 941.29 from possessing a firearm for a period of 2 years.

AB431,3 Section 3. 175.35 (title) of the statutes is amended to read:

AB431,3,13 175.35 (title) Purchase or transfer of handguns firearms.

AB431,4 Section 4. 175.35 (1) (at) of the statutes is amended to read:

AB431,4,5 175.35 (1) (at) “Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase or receive a transfer of a handgun firearm is prohibited from possessing a firearm under s. 941.29. “Firearms restrictions record search" includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

AB431,5 Section 5 . 175.35 (1) (b) of the statutes is repealed.

AB431,6 Section 6 . 175.35 (1) (br) of the statutes is created to read:

AB431,4,9 175.35 (1) (br) “Transfer” includes to assign, pledge, lease, loan, give away, or otherwise dispose of.

AB431,7 Section 7 . 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and amended to read:

AB431,4,15 175.35 (2) (am) When a firearms dealer sells or transfers a handgun firearm, including the frame or receiver of a firearm, he or she may not transfer possession of that handgun firearm to any other person until all of the following have occurred: requirements under par. (cm) have been met.

AB431,8 Section 8 . 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35 (2) (cm) 1., 2., 3. and 4.

AB431,9 Section 9 . 175.35 (2) (bm) of the statutes is created to read:

AB431,4,21 175.35 (2) (bm) When a person sells or transfers a firearm, including the frame or receiver of a firearm, through a firearms dealer, the transfer of that firearm may not be made until all of the requirements of par. (cm) have been met.

AB431,10 Section 10 . 175.35 (2) (cm) (intro.) of the statutes is created to read:

AB431,4,24 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer of a firearm occurs under par. (am) or (bm):

AB431,11 Section 11 . 175.35 (2g) (a) of the statutes is amended to read:

AB431,5,3 175.35 (2g) (a) The department of justice shall promulgate rules prescribing procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms dealer to inspect identification containing a photograph of the transferee.

AB431,12 Section 12 . 175.35 (2g) (b) 1. of the statutes is amended to read:

AB431,5,10 175.35 (2g) (b) 1. The department of justice shall promulgate rules prescribing a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to provide his or her name, date of birth, gender, race and social security number and other identification necessary to permit an accurate firearms restrictions record search under par. (c) 3. and the required notification under par. (c) 4. The department of justice shall make the forms available at locations throughout the state.

AB431,13 Section 13 . 175.35 (2g) (b) 2. of the statutes is amended to read:

AB431,5,17 175.35 (2g) (b) 2. The department of justice shall ensure that each notification form under subd. 1. requires the transferee to indicate that he or she is not purchasing or receiving a transfer of the firearm with the purpose or intent to transfer the firearm to a person who is prohibited from possessing a firearm under state or federal law and that each notification form informs the transferee that making a false statement with regard to this purpose or intent is a Class H felony.

AB431,14 Section 14 . 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

AB431,5,22 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each firearms restrictions record search that the firearms dealer requests under sub. (2) (c) (cm) 3.

AB431,5,23 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.

AB431,6,3 (c) The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection par. (a) within 30 days after billing by the department.

AB431,15 Section 15 . 175.35 (2i) (b) 2. of the statutes is created to read: