Amendment AA4-SB93

LRBa1377/1

CMH:kjf&wlj:jf

2011 - 2012 LEGISLATURE

ASSEMBLY AMENDMENT 4, TO 2011 SENATE BILL 93

June 21, 2011 - Offered by Representatives Pasch, Bewley, Pope-Roberts, Bernard Schaber, Richards, Turner, Roys, Zamarripa, Young, E. Coggs, D. Cullen, Toles, Sinicki and Seidel.

SB93-AA4,1,2 At the locations indicated, amend the bill, as shown by senate substitute amendment 2, as follows:

SB93-AA4,1,5 1. Page 2, line 11: after "officers;" insert "sales and transfers of firearms; records from sales of firearms; possession of firearms by persons convicted of violent offenses that are not felonies;".

SB93-AA4,1,6 2. Page 2, line 14: before that line insert:

SB93-AA4,1,7 " Section 1g. 20.455 (2) (gr) of the statutes is amended to read:

SB93-AA4,1,9 20.455 (2) (gr) Handgun purchaser record check fee. All moneys received as fee payments under s. 175.35 (2i) (a) to provide services under s. 175.35.".

SB93-AA4,1,10 3. Page 2, line 14: delete " Section 1" and substitute "Section 1r".

SB93-AA4,1,11 4. Page 11, line 3: after that line insert:

SB93-AA4,1,12 " Section 35b. 175.33 of the statutes is created to read:

SB93-AA4,1,13 175.33 Transfer of firearms; license required. (1) In this section:

SB93-AA4,2,2 (a) "Family member" means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

SB93-AA4,2,3 (b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

SB93-AA4,2,5 (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:

SB93-AA4,2,6 (a) The seller or transferor is a firearms dealer.

SB93-AA4,2,8 (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).

SB93-AA4,2,10 (c) The sale or transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

SB93-AA4,2,13 (d) The transferor is transferring ownership of the firearm to a family member by gift, sale, bequest, or inheritance, the transferee is not prohibited from possessing a firearm under s. 941.29, and the transferee is at least 18 years of age.

SB93-AA4,2,17 (e) The transferor is transferring ownership of the firearm with the intent that the transfer be temporary, neither the transferor nor the transferee is prohibited from possessing a firearm under s. 941.29, and the purpose of the transfer is not prohibited by law.

SB93-AA4,2,18 (3) Any person who intentionally violates sub. (2) is guilty of a Class G felony.

SB93-AA4, s. 35c Section 35c. 175.35 (title) and (1) (ag) of the statutes are amended to read:

SB93-AA4,2,21 175.35 (title) Waiting period for purchase of handguns and records for purchases of firearms.

SB93-AA4,2,25 (1) (ag) "Criminal history record" includes information reported to the department under s. 938.396 (2g) (n) that indicates a person was adjudicated delinquent for an act that if committed by an adult in this state would be a felony or, if the adjudication occurred within the preceding 5 years, a violent nonfelony offense.

SB93-AA4, s. 35d Section 35d. 175.35 (1) (bm) of the statutes is created to read:

SB93-AA4,3,3 175.35 (1) (bm) "Violent nonfelony offense" has the meaning given in s. 941.29 (1g).

SB93-AA4, s. 35e Section 35e. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) and amended to read:

SB93-AA4,3,8 175.35 (2) When a firearms dealer sells a handgun firearm, he or she may not transfer possession of that handgun firearm to any other person until all of the following have occurred: requirements of sub. (2c) have been met.

SB93-AA4, s. 35f Section 35f. 175.35 (2) (a) to (d) of the statutes are renumbered 175.35 (2c) (a) 1. to 4., and 175.35 (2c) (a) 2. and 3., as renumbered, are amended to read:

SB93-AA4,3,12 175.35 (2c) (a) 2. The transferee has completed the notification form described in sub. (2g) (b) 1.

SB93-AA4,3,15 3. The firearms dealer has conveyed the information from the completed notification form to the department of justice as required by rule under sub. (2g) (b) 1. and requested a firearms restrictions record search.

SB93-AA4, s. 35g Section 35g. 175.35 (2b) of the statutes is created to read:

SB93-AA4,3,22 175.35 (2b) When a person sells a firearm or transfers ownership of a firearm through a firearms dealer, the person may not transfer possession of that firearm to any person other than the firearms dealer, and the firearms dealer may not transfer or authorize the transfer of possession of that firearm to any person, until all of the requirements of sub. (2c) have been met. This subsection does not apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms dealer.

SB93-AA4, s. 35h Section 35h. 175.35 (2c) (a) (intro.) and (b) of the statutes are created to read:

SB93-AA4,3,25 175.35 (2c) (a) (intro.) All of the following must occur before a sale or transfer of a firearm that is a handgun occurs under sub. (2) or (2b):

SB93-AA4,4,2 (b) All of the following must occur before a sale or transfer of a firearm that is not a handgun occurs under sub. (2) or (2b):

SB93-AA4,4,4 1. The transferee has provided identification as required by rule under sub. (2g) (a).

SB93-AA4,4,7 2. The firearms dealer has completed the notification form described in sub. (2g) (b) 2. and conveyed the information from the completed notification form to the department of justice as required by rule under sub. (2g) (b) 2.

SB93-AA4, s. 35i Section 35i. 175.35 (2g) (b) of the statutes is renumbered 175.35 (2g) (b) (intro.) and amended to read:

SB93-AA4,4,13 175.35 (2g) (b) (intro.) The department of justice shall promulgate rules prescribing a notification form forms for use under sub. (2) requiring the (2c) (a) 2. and (b) 2. The department shall make the forms available at locations throughout the state. The form shall do all of the following:

SB93-AA4,4,18 1. If sub. (2c) (a) describes the sale or transfer, require the transferee to provide his or her name, date of birth, gender, and 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.

SB93-AA4, s. 35j Section 35j. 175.35 (2g) (b) 2. of the statutes is created to read:

SB93-AA4,4,22 175.35 (2g) (b) 2. If sub. (2c) (a) or (b) describes the sale or transfer, require the firearms dealer to provide his or her name and contact information and information that identifies the firearm that was sold or transferred.

SB93-AA4, s. 35k Section 35k. 175.35 (2g) (c) (intro.) of the statutes is amended to read:

SB93-AA4,5,3 175.35 (2g) (c) (intro.) The department of justice shall promulgate rules for firearms restrictions record searches regarding transferees under sub. subs. (2) and (2b), including procedures for all of the following:

SB93-AA4, s. 35L Section 35L. 175.35 (2g) (c) 4. c. of the statutes is amended to read:

SB93-AA4,5,11 175.35 (2g) (c) 4. c. If the search indicates a felony charge or a violent nonfelony offense charge without a recorded disposition, the deadline under sub. (2) (d) (2c) (a) 4. is extended to the end of the 3rd complete working day commencing after the day on which the finding is made. The department shall notify the firearms dealer of the extension as soon as practicable. During the extended period, the department shall make every reasonable effort to determine the disposition of the charge and notify the firearms dealer of the results as soon as practicable.

SB93-AA4, s. 35m Section 35m. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

SB93-AA4,5,16 175.35 (2i) (a) The department shall charge a firearms dealer a $13 fee for each firearms restrictions record search that the firearms dealer requests under sub. (2) (c) (2c) (a) 3.

SB93-AA4,5,18 (b) The firearms dealer may collect the fee under par. (a) from the transferee or, if the transfer is made under sub. (2b), from the transferor.

SB93-AA4,5,21 (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.

SB93-AA4, s. 35n Section 35n. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

SB93-AA4, s. 35o Section 35o. 175.35 (2j) (b) of the statutes is created to read:

SB93-AA4,6,2 175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm through a firearms dealer under sub. (2b), or sells a firearm or transfers ownership of a firearm to a firearms dealer, the firearms dealer shall provide the person a written receipt documenting the dealer's participation in the sale or transfer.

SB93-AA4, s. 35p Section 35p. 175.35 (2k) (aL) 1. and 3. of the statutes are created to read:

SB93-AA4,6,6 175.35 (2k) (aL) 1. For any transfer of a firearm, the department of justice shall maintain the date of the transfer along with the corresponding information provided under sub. (2g) (b) 2.

SB93-AA4,6,12 3. a. If the firearms restrictions record search under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29 (1m) (a), (b), (bm), (c), (d), (e), or (em), the department of justice shall maintain the date of the firearms restrictions record search under sub. (2g) together with the corresponding confirmation number, the unique nonapproval number, and firearms dealer identification number.

SB93-AA4,6,21 b. If the firearms restrictions record search under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29 (1m) (f) or (g), the department of justice shall maintain the date of the firearms restrictions record search under sub. (2g) together with the corresponding confirmation number, the unique nonapproval number, and firearms dealer identification number. If the department of justice subsequently learns that the prohibition under s. 941.29 (1m) (f) or (g) no longer applies to the subject of the search, the department shall destroy all information regarding that firearms restrictions record search maintained under this subd. 1. b.

SB93-AA4,7,7 c. If the firearms restrictions records search under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29 (1m) (ag), (bg), (br), (cg), or (dg), the department of justice shall maintain the date of the firearms restrictions record search under sub. (2g) together with the corresponding confirmation number, the unique nonapproval number, and firearms dealer identification number. The department of justice shall destroy all information regarding the firearms restrictions record search maintained under this subd. 1. c. either 5 years after the date of the firearms restrictions record search or on the date that the prohibition under s. 941.29 (1m) (ag), (bg), (br), (cg), or (dg) no longer applies to the subject of the search, if that date can be ascertained by the department, whichever is earlier.

SB93-AA4, s. 35q Section 35q. 175.35 (2k) (ar) (intro.) and 1. of the statutes are consolidated, renumbered 175.35 (2k) (ar) and amended to read:

SB93-AA4,7,12 175.35 (2k) (ar) Except as provided in pars. (b) to (j) (k) and as necessary to administer this section, the department of justice shall do all of the following: 1. Deny deny access to any record kept under this section.

SB93-AA4, s. 35r Section 35r. 175.35 (2k) (ar) 2. of the statutes is renumbered 175.35 (2k) (aL) 4. and amended to read:

SB93-AA4,7,22 175.35 (2k) (aL) 4. Check The department of justice shall check each duplicate notification form received under sub. (2j) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under sub. (2g). If the department previously provided a unique approval number regarding the request and nothing in the duplicate completed notification form indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the duplicate form.

SB93-AA4, s. 35s Section 35s. 175.35 (2k) (b) (intro.), 1. and 3. of the statutes are consolidated, renumbered 175.35 (2k) (b) and amended to read:

SB93-AA4,8,3 175.35 (2k) (b) Notwithstanding par. (ar) (aL), the department of justice may maintain all of the following: 1. Records records necessary to comply with federal law. 3. Records and records necessary to administer this section.

SB93-AA4, s. 35t Section 35t. 175.35 (2k) (b) 2. a. and b. of the statutes are consolidated, renumbered 175.35 (2k) (aL) 2. and amended to read:

SB93-AA4,8,14 175.35 (2k) (aL) 2. Except as provided in subd. 2. b., a log of dates of requests for 4., if the department of justice issues an approval number under sub. (2g) (c) 4. b., the department of justice shall maintain for each corresponding transfer the date of the firearms restrictions record searches search under sub. (2g) together with the confirmation numbers number, unique approval and nonapproval numbers number, and firearms dealer identification numbers number corresponding to those dates. b. Within 3 that date. Three years after the department issues a unique approval number, the department shall destroy all corresponding information contained in the log maintained under subd. 2. a. this subdivision.

SB93-AA4, s. 35ta Section 35ta. 175.35 (2k) (c) 2. a. of the statutes is amended to read:

SB93-AA4,8,18 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency is conducting an investigation of a crime in which a handgun firearm was used or was attempted to be used or was unlawfully possessed.

SB93-AA4, s. 35tc Section 35tc. 175.35 (2k) (c) 2. b. of the statutes is amended to read:

SB93-AA4,8,23 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority within the Wisconsin law enforcement agency that he or she has a reasonable suspicion that the person who is the subject of the information request has obtained or is attempting to obtain a handgun firearm.