2025 - 2026 LEGISLATURE
LRB-0816/1
CMH:emw
October 9, 2025 - Introduced by Representatives Snodgrass, Andraca, Anderson, Arney, Bare, Brown, Clancy, DeSmidt, Emerson, Fitzgerald, Haywood, Hong, Joers, Johnson, Madison, Mayadev, McCarville, Moore Omokunde, Neubauer, Ortiz-Velez, Palmeri, Phelps, Rivera-Wagner, Roe, Sinicki, Stroud, Subeck, Tenorio, Udell and Stubbs, cosponsored by Senators Roys, Habush Sinykin, Dassler-Alfheim, Hesselbein, Keyeski, Larson, Ratcliff and Spreitzer. Referred to Committee on Criminal Justice and Public Safety.
AB489,1,3
1An Act to amend 175.35 (1) (at) and 175.35 (2g) (c) 4. a. and b.; to create 220.455 (2) (cw) and 165.64 of the statutes; relating to: voluntary prohibitions
3on purchasing a handgun and making an appropriation. Analysis by the Legislative Reference Bureau
This bill requires the Department of Justice to allow individuals to prohibit themselves from purchasing a handgun. Under the bill, DOJ must maintain a database of individuals who voluntarily prohibit themselves from purchasing a handgun. An individual may request inclusion in the database by submitting a request to DOJ. The request must include a method of contacting the individual so that DOJ may verify that the individual made the request. The request must also indicate the length of the prohibition the individual is requesting: a one-year, irrevocable prohibition; a five-year prohibition, the first year being irrevocable; or a 20-year prohibition, the first year being irrevocable. During a revocable period, an individual may remove the prohibition by submitting to DOJ a request for removal. Upon receiving a request for removal, DOJ may not remove the individual from the database until after 48 hours lapse since receipt of the request. The bill also requires DOJ, when responding to a request for a background check from a licensed firearm dealer regarding an individual who is in the database, to indicate that the individual is prohibited from purchasing a handgun.
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:
AB489,1
1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, 2insert the following amounts for the purposes indicated: AB489,28Section 2. 20.455 (2) (cw) of the statutes is created to read: AB489,2,11920.455 (2) (cw) Voluntary prohibition on handgun purchases. As a continuing 10appropriation, the amounts in the schedule to administer the program under s. 11165.64 that allows individuals to prohibit themselves from purchasing a handgun. AB489,312Section 3. 165.64 of the statutes is created to read: AB489,2,1413165.64 Voluntary prohibition on handgun purchases. (1) In this 14section, “department” means the department of justice. AB489,2,1915(2) The department shall develop forms for individuals to submit to the 16department to request, or to renew a request, that the individual be prohibited from 17purchasing a handgun. The forms shall require the individual to provide contact 18information for verifying the request and allow the individual to choose the term of 19the prohibition as follows: AB489,2,2020(a) A one-year, irrevocable term. AB489,3,1
1(b) A 5-year term, the first year being irrevocable. AB489,3,22(c) A 20-year term, the first year being irrevocable. AB489,3,63(3) If an individual submits a form requesting that they be prohibited from 4purchasing a handgun, the department shall use the individual’s contact 5information to verify that the individual made the request and enter the 6individual’s identifying information into a database the department maintains. AB489,3,97(4) (a) Subject to par. (b), the department shall remove the individual’s 8identifying information from the database under sub. (3) if any of the following 9occurs: AB489,3,11101. The individual responds to the verification notice under sub. (3) and states 11that the individual did not make the request. AB489,3,15122. After the term under sub. (2) expires, the individual submits a form 13designed by the department requesting that their identifying information be 14removed. A term that has expired and has not been renewed continues until 15revoked under this subdivision. AB489,3,18163. Before the term under sub. (2) expires but after the request becomes 17revocable under sub. (2) (b) or (c), the individual submits a form designed by the 18department requesting that their identifying information be removed. AB489,3,2119(b) 1. If the department receives a response under par. (a) 1., the department 20shall remove the individual’s identifying information from the database 21immediately. AB489,4,5222. If the department receives a request under par. (a) 2. or 3. to remove an 23individual’s identifying information from the database, the department may not 24remove the individual’s identifying information from the database until at least 48
1hours have elapsed since the department received the request. Before removing the 2individual’s identifying information, the department shall determine if the 3individual is prohibited from possessing a firearm under s. 941.29, and, if the 4individual is prohibited, the department shall notify the individual of the 5prohibition. AB489,4,96(5) The department may disclose an individual’s identifying information 7included in the database under sub. (3) only as part of a firearms restrictions record 8search under s. 175.35 (1) (at) or to the individual who is the subject of the 9information. AB489,410Section 4. 175.35 (1) (at) of the statutes is amended to read: AB489,5,211175.35 (1) (at) “Firearms restrictions record search” means a search of 12department of justice records to determine whether a person seeking to purchase a 13handgun is prohibited from possessing a firearm under s. 941.29 or is included in 14the database under s. 165.64 (3). “Firearms restrictions record search” includes a 15criminal history record search, a search to determine whether a person is 16prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search 17in the national instant criminal background check system to determine whether a 18person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 19(13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person 20is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as 21defined in s. 813.12 (1) (e), issued by a court established by any federally recognized 22Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, 23that includes notice to the respondent that he or she is subject to the requirements 24and penalties under s. 941.29 and that has been filed with the circuit court under s.
1813.128 (3g), and a search to determine whether the person is prohibited from 2possessing a firearm under s. 813.123 (5m) or 813.125 (4m). AB489,53Section 5. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read: AB489,5,94175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited 5from possessing a firearm under s. 941.29 or is included in the database under s. 6165.64 (3), the department shall provide the firearms dealer with a unique 7nonapproval number. The department may not disclose to the firearms dealer the 8reason the transferee is prohibited from possessing a firearm under s. 941.29 or 9that the transferee is included in the database under s. 165.64 (3). AB489,5,1210b. If the search indicates that the transferee is not prohibited from possessing 11a firearm under s. 941.29 and is not included in the database under s. 165.64 (3), 12the department shall provide the firearms dealer with a unique approval number. AB489,613Section 6. Effective date. AB489,5,1514(1) This act takes effect on the first day of the 19th month beginning after 15publication.
