Amendment AA1-ASA1-AB65

AB65-ASA1-AA1,7,2 175.35 (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.

AB65-ASA1-AA1,22 Section 22 . 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

AB65-ASA1-AA1,7,5 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

AB65-ASA1-AA1,7,7 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

AB65-ASA1-AA1,7,9 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

AB65-ASA1-AA1,23 Section 23 . 175.60 (7) (d) of the statutes is amended to read:

AB65-ASA1-AA1,7,12 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB65-ASA1-AA1,24 Section 24 . 175.60 (15) (b) 4. b. of the statutes is amended to read:

AB65-ASA1-AA1,7,15 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB65-ASA1-AA1,25 Section 25 . 938.208 (1) (b) of the statutes is amended to read:

AB65-ASA1-AA1,7,21 938.208 (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.

AB65-ASA1-AA1,26 Section 26 . 938.34 (4m) (b) 2. of the statutes is amended to read:

AB65-ASA1-AA1,8,2 938.34 (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.

AB65-ASA1-AA1,27 Section 27 . 938.341 of the statutes is amended to read:

AB65-ASA1-AA1,8,7 938.341 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 under s. 175.33 (3), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

AB65-ASA1-AA1,28 Section 28 . 941.237 (1) (d) of the statutes is amended to read:

AB65-ASA1-AA1,8,12 941.237 (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.

AB65-ASA1-AA1,29 Section 29. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:

AB65-ASA1-AA1,8,15 941.29 (1m) (dm) The person has been convicted of a misdemeanor under s. 175.33 (3), unless at least 2 years have passed since the conviction.

AB65-ASA1-AA1,8,17 (dn) The person has been adjudicated delinquent for a violation under s. 175.33 (3), unless at least 2 years have passed since the adjudication.

AB65-ASA1-AA1,8,20 (do) The person has been found not guilty of a misdemeanor under s. 175.33 (3) by reason of mental disease or defect, unless at least 2 years have passed since the finding.

AB65-ASA1-AA1,30 Section 30 . 941.296 (1) (b) of the statutes is amended to read:

AB65-ASA1-AA1,8,23 941.296 (1) (b) “Handgun" has the meaning given in s. 175.35 (1) (b) 941.237 (1) (d).

AB65-ASA1-AA1,31 Section 31 . 968.20 (3) (b) of the statutes is amended to read:

AB65-ASA1-AA1,9,24 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or county or other custodian of a seized dangerous weapon or ammunition, if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding, shall make reasonable efforts to notify all persons who have or may have an authorized rightful interest in the dangerous weapon or ammunition of the application requirements under sub. (1). If, within 30 days after the notice, an application under sub. (1) is not made and the seized dangerous weapon or ammunition is not returned by the officer under sub. (2), the city, village, town or county or other custodian may retain the dangerous weapon or ammunition and authorize its use by a law enforcement agency, except that a dangerous weapon used in the commission of a homicide or a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other than a firearm is not so retained, the city, village, town or county or other custodian shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or county or other custodian shall ship it to the state crime laboratories and it is then the property of the laboratories. A person designated by the department of justice may destroy any material for which the laboratories have no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratory has no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.

AB65-ASA1-AA1,32 Section 32 . 971.17 (1g) of the statutes is amended to read:

AB65-ASA1-AA1,10,4 971.17 (1g) Notice of restriction on firearm possession. If the defendant under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (3), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB65-ASA1-AA1,33 Section 33 . 973.176 (1) of the statutes is amended to read:

AB65-ASA1-AA1,10,10 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction or regarding a conviction for a misdemeanor under s. 175.33 (3), the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m) or (4m).

AB65-ASA1-AA1,34 Section 34 . Initial applicability.

AB65-ASA1-AA1,10,13 (1) This act first applies to sales or transfers of ownership of firearms that occur on the effective date of this subsection.

AB65-ASA1-AA1,35 Section 35 . Effective date.

AB65-ASA1-AA1,10,16 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB65-ASA1-AA1,10,17 (End)”.