LRB-3885/1
CMH:amn
2023 - 2024 LEGISLATURE
August 9, 2023 - Introduced by Senators L. Johnson, Agard, Roys, Carpenter,
Hesselbein, Spreitzer, Smith, Larson and Pfaff, cosponsored by
Representatives Stubbs, Andraca, Doyle, Joers, Subeck, Conley,
Snodgrass, Ratcliff, Jacobson, Hong, Cabrera, Ohnstad, Moore Omokunde,
Goyke, Palmeri, Bare, J. Anderson, C. Anderson, Considine, Vining, Myers,
Billings, Baldeh, Sinicki, Riemer, Shelton, Clancy, Madison and Emerson.
Referred to Committee on Judiciary and Public Safety.
SB372,1,11 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) 1., 175.35 (2g) (b) 2., 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),
6175.35 (3) (b) 2., 175.60 (7) (d), 175.60 (15) (b) 4. b., 938.208 (1) (b), 938.34 (4m)
7(b) 2., 938.341, 941.237 (1) (d), 941.296 (1) (b), 968.20 (3) (b), 971.17 (1g) and
8973.176 (1); and to create 175.33, 175.35 (1) (br), 175.35 (2) (bm), 175.35 (2)
9(cm) (intro.), 175.35 (2i) (b) 2., 175.35 (2j) (b) and 941.29 (1m) (dm), (dn) and (do)
10of the statutes; relating to: sales and transfers of firearms and providing a
11penalty.
Analysis by the Legislative Reference Bureau
Current law provides that a federally licensed firearms dealer may not transfer
a handgun after a sale until the dealer has performed a background check on the
prospective transferee to determine if he or she is prohibited from possessing a
firearm under state or federal law. This bill generally prohibits any person from

transferring any firearm, including the frame or receiver of a firearm, unless the
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 transfer to a firearms dealer or to a law
enforcement or armed services agency; a 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:
SB372,1 1Section 1 . 20.455 (2) (gr) of the statutes is amended to read:
SB372,2,52 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or
3certifications to carry concealed weapons.
All moneys received as fee payments under
4ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and
5b. to provide services under ss. 175.35, 175.49, and 175.60.
SB372,2 6Section 2 . 175.33 of the statutes is created to read:
SB372,2,7 7175.33 Transfer of firearms. (1) In this section:
SB372,2,98 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or
9grandchild. The relationship may be by blood, marriage, or adoption.
SB372,2,1010 (b) “Firearm” includes the frame or receiver of a firearm.
SB372,2,1111 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB372,2,1212 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).
SB372,2,14 13(2) No person may transfer ownership of a firearm, or be transferred ownership
14of a firearm, unless one of the following applies:
SB372,3,1
1(a) The transferor is a firearms dealer.
SB372,3,32 (b) The transferor makes the transfer to or through a firearms dealer and
3obtains a receipt under s. 175.35 (2j) (b).
SB372,3,54 (c) The transfer of ownership of the firearm is one of the transfers listed under
5s. 175.35 (2t).
SB372,3,86 (d) The transferor is transferring ownership of the firearm to a family member
7by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
8firearm under s. 941.29 or federal law, and the transferee is at least 18 years of age.
SB372,3,12 9(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
10and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
11for not more than 9 months. The person is also prohibited under s. 941.29 from
12possessing a firearm for a period of 2 years.
SB372,3 13Section 3. 175.35 (title) of the statutes is amended to read:
SB372,3,14 14175.35 (title) Purchase Transfer of handguns firearms.
SB372,4 15Section 4. 175.35 (1) (at) of the statutes is amended to read:
SB372,4,616 175.35 (1) (at) “Firearms restrictions record search" means a search of
17department of justice records to determine whether a person seeking to purchase be
18transferred
a handgun firearm is prohibited from possessing a firearm under s.
19941.29. “Firearms restrictions record search" includes a criminal history record
20search, a search to determine whether a person is prohibited from possessing a
21firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant
22criminal background check system to determine whether a person has been ordered
23not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or
2455.12 (10) (a), a search to determine whether the person is subject to an injunction
25under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued

1by a court established by any federally recognized Wisconsin Indian tribe or band,
2except the Menominee Indian tribe of Wisconsin, that includes notice to the
3respondent that he or she is subject to the requirements and penalties under s.
4941.29 and that has been filed with the circuit court under s. 813.128 (3g), and a
5search to determine whether the person is prohibited from possessing a firearm
6under s. 813.123 (5m) or 813.125 (4m).
SB372,5 7Section 5 . 175.35 (1) (b) of the statutes is repealed.
SB372,6 8Section 6 . 175.35 (1) (br) of the statutes is created to read:
SB372,4,109 175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away,
10or otherwise dispose of.
SB372,7 11Section 7 . 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
12amended to read:
SB372,4,1613 175.35 (2) (am) When a firearms dealer sells transfers a handgun firearm,
14including the frame or receiver of a firearm
, he or she may not transfer possession
15of that handgun firearm to any other person until all of the following have occurred:
16requirements under par. (cm) have been met.
SB372,8 17Section 8 . 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
18(2) (cm) 1., 2., 3. and 4.
SB372,9 19Section 9 . 175.35 (2) (bm) of the statutes is created to read:
SB372,4,2220 175.35 (2) (bm) When a person transfers a firearm, including the frame or
21receiver of a firearm, through a firearms dealer, the transfer of possession of that
22firearm may not be made until all of the requirements of par. (cm) have been met.
SB372,10 23Section 10 . 175.35 (2) (cm) (intro.) of the statutes is created to read:
SB372,4,2524 175.35 (2) (cm) (intro.) All of the following must have occurred before a transfer
25of a firearm occurs under par. (am) or (bm):
SB372,11
1Section 11. 175.35 (2g) (a) of the statutes is amended to read:
SB372,5,42 175.35 (2g) (a) The department of justice shall promulgate rules prescribing
3procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
4dealer to inspect identification containing a photograph of the transferee.
SB372,12 5Section 12 . 175.35 (2g) (b) 1. of the statutes is amended to read:
SB372,5,116 175.35 (2g) (b) 1. The department of justice shall promulgate rules prescribing
7a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to
8provide his or her name, date of birth, gender, race and social security number and
9other identification necessary to permit an accurate firearms restrictions record
10search under par. (c) 3. and the required notification under par. (c) 4. The department
11of justice shall make the forms available at locations throughout the state.
SB372,13 12Section 13 . 175.35 (2g) (b) 2. of the statutes is amended to read:
SB372,5,1813 175.35 (2g) (b) 2. The department of justice shall ensure that each notification
14form under subd. 1. requires the transferee to indicate that he or she is not
15purchasing receiving a transfer of the firearm with the purpose or intent to transfer
16the firearm to a person who is prohibited from possessing a firearm under state or
17federal law and that each notification form informs the transferee that making a
18false statement with regard to this purpose or intent is a Class H felony.
SB372,14 19Section 14 . 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
20amended to read:
SB372,5,2321 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each
22firearms restrictions record search that the firearms dealer requests under sub. (2)
23(c) (cm) 3.
SB372,5,24 24(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
SB372,6,3
1(c) The department may refuse to conduct firearms restrictions record searches
2for any firearms dealer who fails to pay any fee under this subsection par. (a) within
330 days after billing by the department.
SB372,15 4Section 15 . 175.35 (2i) (b) 2. of the statutes is created to read:
Loading...
Loading...