Amendment AA2-SSA2-AB843

AB843-SSA2-AA2,11,1 175.33 Transfer of firearms. (1) In this section:

AB843-SSA2-AA2,11,3 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

AB843-SSA2-AA2,11,4 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

AB843-SSA2-AA2,11,6 (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:

AB843-SSA2-AA2,11,7 (a) The seller or transferor is a firearms dealer.

AB843-SSA2-AA2,11,9 (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).

AB843-SSA2-AA2,11,11 (c) The sale or transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

AB843-SSA2-AA2,11,14 (d) The transferor is transferring ownership of the firearm to a family member by gift, bequest, sale, 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.

AB843-SSA2-AA2,11,18 (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.

AB843-SSA2-AA2,11,22 (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.

AB843-SSA2-AA2,21 Section 21. 175.35 (title) of the statutes is amended to read:

AB843-SSA2-AA2,11,25 175.35 (title) Purchase Waiting period for the purchase of handguns firearms.

AB843-SSA2-AA2,22 Section 22. 175.35 (1) (at) of the statutes is amended to read:

AB843-SSA2-AA2,12,17 175.35 (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. 813.128 (3g), and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m), 813.124 (3) or (4), or 813.125 (4m).

AB843-SSA2-AA2,23 Section 23. 175.35 (1) (b) of the statutes is repealed.

AB843-SSA2-AA2,24 Section 24. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and amended to read:

AB843-SSA2-AA2,12,23 175.35 (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.

AB843-SSA2-AA2,25 Section 25. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35 (2) (cm) 1., 2., 3. and 4., and 175.35 (2) (cm) 4., as renumbered, is amended to read:

AB843-SSA2-AA2,13,6 175.35 (2) (cm) 4. The Forty-eight hours have elapsed from the time that the firearms dealer has received an approval a confirmation number regarding the firearms restrictions record search under sub. (2g) (c) from the department of justice and the firearms dealer has not been notified that the person is prohibited under state or federal law from possessing a firearm or that the department needs an extension under sub. (2g) (c) 4. c.

AB843-SSA2-AA2,26 Section 26. 175.35 (2) (bm) of the statutes is created to read:

AB843-SSA2-AA2,13,14 175.35 (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.

AB843-SSA2-AA2,27 Section 27. 175.35 (2) (cm) (intro.) of the statutes is created to read:

AB843-SSA2-AA2,13,17 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer of a firearm occurs under par. (am) or (bm):

AB843-SSA2-AA2,28 Section 28. 175.35 (2g) (a) of the statutes is amended to read:

AB843-SSA2-AA2,13,21 175.35 (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.

AB843-SSA2-AA2,29 Section 29. 175.35 (2g) (b) of the statutes is amended to read:

AB843-SSA2-AA2,14,3 175.35 (2g) (b) The department of justice shall promulgate rules prescribing a notification form for use under sub. (2) (cm) 2. and 3. 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.

AB843-SSA2-AA2,30 Section 30. 175.35 (2g) (c) 4. c. of the statutes is amended to read:

AB843-SSA2-AA2,14,11 175.35 (2g) (c) 4. c. If the search indicates that it is unclear whether the person is prohibited under state or federal law from possessing a firearm and the department needs more time than provided under sub. (2) (cm) 4. to make the determination, the department shall make every reasonable effort to determine whether the person is prohibited under state or federal law from possessing a firearm and notify the firearms dealer of the results as soon as practicable but no later than 5 working days after the search was requested.

AB843-SSA2-AA2,31 Section 31. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

AB843-SSA2-AA2,14,16 175.35 (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.

AB843-SSA2-AA2,14,17 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.

AB843-SSA2-AA2,14,20 (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.

AB843-SSA2-AA2,32 Section 32. 175.35 (2i) (b) 2. of the statutes is created to read:

AB843-SSA2-AA2,14,24 175.35 (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.

AB843-SSA2-AA2,33 Section 33. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

AB843-SSA2-AA2,34 Section 34. 175.35 (2j) (b) of the statutes is created to read:

AB843-SSA2-AA2,15,6 175.35 (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.

AB843-SSA2-AA2,35 Section 35. 175.35 (2k) (ar) 2. of the statutes is amended to read:

AB843-SSA2-AA2,15,15 175.35 (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.

AB843-SSA2-AA2,36 Section 36. 175.35 (2k) (c) 2. a. of the statutes is amended to read:

AB843-SSA2-AA2,15,19 175.35 (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.

AB843-SSA2-AA2,37 Section 37. 175.35 (2k) (c) 2. b. of the statutes is amended to read:

AB843-SSA2-AA2,15,24 175.35 (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.

AB843-SSA2-AA2,38 Section 38. 175.35 (2k) (g) of the statutes is amended to read:

AB843-SSA2-AA2,16,4 175.35 (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.

AB843-SSA2-AA2,39 Section 39. 175.35 (2k) (h) of the statutes is amended to read:

AB843-SSA2-AA2,16,11 175.35 (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.

AB843-SSA2-AA2,40 Section 40. 175.35 (2L) of the statutes is amended to read:

AB843-SSA2-AA2,16,18 175.35 (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.

AB843-SSA2-AA2,41 Section 41. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

AB843-SSA2-AA2,16,21 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

AB843-SSA2-AA2,16,23 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

AB843-SSA2-AA2,16,25 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

AB843-SSA2-AA2,42 Section 42. 175.60 (7) (d) of the statutes is amended to read:

AB843-SSA2-AA2,17,3 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB843-SSA2-AA2,43 Section 43. 175.60 (9g) (a) 2. of the statutes is amended to read:

AB843-SSA2-AA2,17,22 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant 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); whether the applicant 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. 813.128 (3g); and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m), 813.124 (3) or (4), or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

AB843-SSA2-AA2,44 Section 44. 175.60 (15) (b) 4. b. of the statutes is amended to read:

AB843-SSA2-AA2,17,25 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB843-SSA2-AA2,45 Section 45. 757.69 (1) (j) of the statutes is amended to read:

AB843-SSA2-AA2,18,3 757.69 (1) (j) Hold hearings, make findings and issue temporary restraining orders under s. 813.122 or, 813.123 , or 813.124.

AB843-SSA2-AA2,46 Section 46. 801.50 (5s) of the statutes is amended to read:

AB843-SSA2-AA2,18,7 801.50 (5s) Venue of an action under s. 813.122 , 813.124, or 813.125 shall be in the county in which the cause of action arose or where the petitioner or the respondent resides.

AB843-SSA2-AA2,47 Section 47. 813.06 of the statutes is amended to read:

AB843-SSA2-AA2,18,17 813.06 Security for damages. In proceedings under s. 767.225 the court or judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122, 813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party seeking an injunction, with sureties, to the effect that he or she will pay to the party enjoined such damages, not exceeding an amount to be specified, as he or she may sustain by reason of the injunction if the court finally decides that the party was not entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon the party enjoined and the officer serving the same shall, within 8 days after such service, file his or her return in the office of the clerk of the court.

AB843-SSA2-AA2,48 Section 48. 813.124 of the statutes is created to read:

AB843-SSA2-AA2,18,20 813.124 Lethal violence protective orders and injunctions. (1) Definitions. In this section:

AB843-SSA2-AA2,18,21 (a) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

AB843-SSA2-AA2,18,22 (b) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).

AB843-SSA2-AA2,18,24 (c) “Reasonable grounds" means more likely than not that a specific event will occur.

AB843-SSA2-AA2,19,19 (2) Commencement of action and response. (a) No action under this section may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under sub. (5) (a). The action commences with the sheriff serving the petition on the respondent if a copy of the petition is filed before service or promptly after service. If the judge or a circuit court commissioner extends the time for a hearing under sub. (3) (c) and the petitioner files an affidavit with the court stating that personal service by the sheriff under s. 801.11 (1) (a) or (b) was unsuccessful because the respondent is avoiding service by concealment or otherwise, the judge or circuit court commissioner shall inform the petitioner that he or she may serve the respondent by publication of a summary of the petition as a class 1 notice, under ch. 985, and by mailing or sending a facsimile if the respondent's post-office address or facsimile number is known or can with due diligence be ascertained. The mailing or sending of a facsimile may be omitted if the post-office address or facsimile number cannot be ascertained with due diligence. A summary of the petition published as a class 1 notice shall include the name of the respondent and of the petitioner, notice of the temporary restraining order, and notice of the date, time, and place of the hearing regarding the injunction. The court shall inform the petitioner in writing that the petitioner should contact the sheriff to verify the proof of service of the petition.

AB843-SSA2-AA2,19,22 (b) Section 813.06 does not apply to an action under this section. The respondent may respond to the petition either in writing before or at the hearing on the issuance of the injunction or orally at that hearing.

AB843-SSA2-AA2,19,25 (c) When the respondent is served with the petition under this subsection, the respondent shall be provided notice of the requirements and penalties under s. 941.29.

AB843-SSA2-AA2,20,7 (2m) Two-part procedure. Procedure for an action under this section is in 2 parts. First, if the petitioner requests a temporary restraining order, the court shall issue or refuse to issue that order. Second, the court shall hold a hearing under sub. (4) on whether to issue an injunction, which is the final relief. If the court issues a temporary restraining order, the order shall set forth the date for the hearing on an injunction. If the court does not issue a temporary restraining order, the date for the hearing shall be set upon motion by either party.

AB843-SSA2-AA2,20,13 (3) Temporary restraining order. (a) 1. A judge or circuit court commissioner shall issue a temporary restraining order prohibiting the respondent from possessing a firearm and ordering the respondent to surrender all of his or her firearms if the judge or circuit court commissioner finds reasonable grounds to believe that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB843-SSA2-AA2,20,15 2. The judge or circuit court commissioner shall base the finding under subd. 1. on the following:

AB843-SSA2-AA2,20,16 a. Any testimony.

AB843-SSA2-AA2,20,17 b. The petition.

AB843-SSA2-AA2,20,19 c. A recent threat of violence or act of violence by the respondent directed toward himself or herself or another person.

AB843-SSA2-AA2,20,22 d. A pattern of violent acts or violent threats by the respondent within the past 12 months, including threats of violence or acts of violence directed toward himself or herself or another person.

AB843-SSA2-AA2,20,24 3. The judge or circuit court commissioner may base the finding under subd. 1. on any factors in addition to those under subd. 2., including any of the following:

AB843-SSA2-AA2,21,2 a. Any unlawful or reckless use, display, or brandishing of a firearm by the respondent.

AB843-SSA2-AA2,21,4 b. The respondent's history of use, attempted use, or threatened use of physical force against himself or herself or another person.

AB843-SSA2-AA2,21,5 c. A prior arrest of the respondent for a felony.

AB843-SSA2-AA2,21,6 d. Evidence that the respondent has abused controlled substances or alcohol.

AB843-SSA2-AA2,21,8 e. Evidence that the respondent has recently acquired firearms, ammunition, or other dangerous weapons.

AB843-SSA2-AA2,21,9 (am) The order issued under par. (a) requires one of the following:

AB843-SSA2-AA2,21,15 1. If the respondent is present at the hearing, the respondent to immediately surrender all firearms that he or she has in his or her possession to the sheriff of the county in which the action under this section was commenced or to the sheriff of the county in which the respondent resides. The sheriff to whom the firearms are surrendered may, at the request of the respondent, arrange for the sale of the firearms to a firearms dealer.