Amendment SA2-SB35

LRBa0204/1

CMH:kjf:rs

2015 - 2016 LEGISLATURE

SENATE AMENDMENT 2, TO SENATE BILL 35

March 12, 2015 - Offered by Committee on Judiciary and Public Safety.

SB35-SA2,1,1 At the locations indicated, amend the bill as follows:

SB35-SA2,1,3 1. Page 1, line 3: after "purchases" insert ", sales and transfers of firearms, and providing a criminal penalty".

SB35-SA2,1,4 2. Page 1, line 4: before that line insert:

SB35-SA2,1,5 " Section 1g. 20.455 (2) (gr) of the statutes is amended to read:

SB35-SA2,1,9 20.455 (2) (gr) Handgun Firearm purchaser record check fee; 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.

SB35-SA2,1L Section 1L. 175.33 of the statutes is created to read:

SB35-SA2,1,11 175.33 Transfer of firearms. (1) In this section:

SB35-SA2,1,13 (a) "Family member" means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

SB35-SA2,2,1 (b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

SB35-SA2,2,3 (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:

SB35-SA2,2,4 (a) The seller or transferor is a firearms dealer.

SB35-SA2,2,6 (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).

SB35-SA2,2,8 (c) The sale or transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

SB35-SA2,2,11 (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, and the transferee is at least 18 years of age.

SB35-SA2,2,15 (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.

SB35-SA2,2,19 (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.".

SB35-SA2,2,20 3. Page 1, line 5: after that line insert:

SB35-SA2,2,22 " Section 1s. 175.35 (title) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB35-SA2,2,23 175.35 (title) Purchase of handguns firearms.".

SB35-SA2,2,24 4. Page 2, line 5: after that line insert:

SB35-SA2,3,1 " Section 2c. 175.35 (1) (at) of the statutes is amended to read:

SB35-SA2,3,17 175.35 (1) (at) "Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase 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. 806.247 (3), and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

SB35-SA2,2f Section 2f. 175.35 (1) (b) of the statutes is repealed.

SB35-SA2,2h Section 2h. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and amended to read:

SB35-SA2,3,23 175.35 (2) (am) When a firearms dealer sells or transfers 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 under par. (cm) have been met.

SB35-SA2,2j Section 2j. 175.35 (2) (a), (b) and (c) of the statutes are renumbered 175.35 (2) (cm) 1., 2. and 3.

SB35-SA2,2L Section 2L. 175.35 (2) (bm) of the statutes is created to read:

SB35-SA2,4,8 175.35 (2) (bm) 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 par. (cm) have been met. This paragraph does not apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms dealer.

SB35-SA2,2n Section 2n. 175.35 (2) (cm) (intro.) of the statutes is created to read:

SB35-SA2,4,11 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer of a firearm occurs under par. (am) or (bm):".

SB35-SA2,4,12 5. Page 2, line 11: after that line insert:

SB35-SA2,4,14 " Section 3b. 175.35 (2) (d) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 175.35 (2) (cm) 4.

SB35-SA2,3g Section 3g. 175.35 (2g) (a) of the statutes is amended to read:

SB35-SA2,4,18 175.35 (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.

SB35-SA2,3r Section 3r. 175.35 (2g) (b) of the statutes is amended to read:

SB35-SA2,5,2 175.35 (2g) (b) The department of justice shall promulgate rules prescribing a notification form for use under sub. (2) (cm) 2. 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.".

SB35-SA2,5,3 6. Page 2, line 19: after that line insert:

SB35-SA2,5,5 " Section 4b. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

SB35-SA2,5,8 175.35 (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.

SB35-SA2,5,9 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.

SB35-SA2,5,12 (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.

SB35-SA2,4c Section 4c. 175.35 (2i) (b) 2. of the statutes is created to read:

SB35-SA2,5,16 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer may collect from the transferor the fee under par. (a) and any additional amount to cover any costs he or she incurs in processing the transfer.

SB35-SA2,4e Section 4e. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

SB35-SA2,4f Section 4f. 175.35 (2j) (b) of the statutes is created to read:

SB35-SA2,5,23 175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm through a firearms dealer under sub. (2) (bm), 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.

SB35-SA2,4g Section 4g. 175.35 (2k) (ar) 2. of the statutes is amended to read:

SB35-SA2,6,8 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a) 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 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 notification form.

SB35-SA2,4h Section 4h. 175.35 (2k) (c) 2. a. of the statutes is amended to read:

SB35-SA2,6,12 175.35 (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.

SB35-SA2,4i Section 4i. 175.35 (2k) (c) 2. b. of the statutes is amended to read:

SB35-SA2,6,17 175.35 (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.

SB35-SA2,4k Section 4k. 175.35 (2k) (g) of the statutes is amended to read:

SB35-SA2,6,22 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the attorney general or his or her designee may shall disclose to a law enforcement agency that the transferee has attempted to obtain a handgun firearm.

SB35-SA2,4L Section 4L. 175.35 (2k) (h) of the statutes is amended to read:

SB35-SA2,7,4 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge without a recorded disposition and the attorney general or his or her designee has reasonable grounds to believe the transferee may pose a danger to himself, herself or another, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has obtained or has attempted to obtain a handgun firearm.

SB35-SA2,4n Section 4n. 175.35 (2L) of the statutes is amended to read:

SB35-SA2,7,11 175.35 (2L) The department of justice shall promulgate rules providing for the review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right to purchase a handgun firearm because the firearms dealer received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms restrictions record search review under those rules. If the person disagrees with the results of that review, the person may file an appeal under rules promulgated by the department.

SB35-SA2,4p Section 4p. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

SB35-SA2,7,14 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

SB35-SA2,7,16 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

SB35-SA2,7,18 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

SB35-SA2,4r Section 4r. 175.60 (7) (d) of the statutes is amended to read:

SB35-SA2,7,21 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

SB35-SA2,4s Section 4s. 175.60 (15) (b) 4. b. of the statutes is amended to read:

SB35-SA2,7,24 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

SB35-SA2,4u Section 4u. 938.208 (1) (b) of the statutes is amended to read:

SB35-SA2,8,5 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

SB35-SA2,4v Section 4v. 938.34 (4m) (b) 2. of the statutes is amended to read:

SB35-SA2,8,11 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

SB35-SA2,4w Section 4w. 938.341 of the statutes is amended to read:

SB35-SA2,8,16 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or for a violation of s. 175.33 (3), the court shall inform the juvenile of the requirements and penalties under s. 941.29.".

SB35-SA2,8,17 7. Page 2, line 24: after that line insert:

SB35-SA2,8,18 " Section 5b. 941.237 (1) (d) of the statutes is amended to read:

SB35-SA2,8,22 941.237 (1) (d) "Handgun" has the meaning given in s. 175.35 (1) (b) means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.

SB35-SA2,5c Section 5c. 941.29 (1) (dm) of the statutes is created to read: