AB294: Bill Text

LRB-2950/1

JEO:skg:ks

1995 - 1996 LEGISLATURE

1995 Assembly BILL 294

April 4, 1995 - Introduced by Representatives Travis, Notestein, Urban, Harsdorf, Baldwin, Ryba, Kaufert, Owens, Krug, Plache, F. Lasee, Black, R. Young, Robson, Bell, Riley, Bock, Plombon and Murat, cosponsored by Senators Rosenzweig, Wineke, Burke and Chvala. Referred to Committee on Criminal Justice and Corrections.

AB294,1,7 An Act to repeal 175.35 (1) (bg); to amend 48.396 (8), 175.35 (2) (c), 175.35 (2) (d), 175.35 (2f), 175.35 (2g) (b), 175.35 (2g) (c) (intro.), 175.35 (2g) (c) 3., 175.35 (2g) (c) 4., 175.35 (2i), 175.35 (2j), 175.35 (2k) (a) 2., 175.35 (2k) (b) 2. a., 175.35 (2L) and 813.12 (9) (a) 3.; and to create 175.35 (1) (at), 813.12 (4m), 813.12 (6) (am), 813.122 (5m), 813.122 (9) (am), 813.125 (4m), 813.125 (5r) and 941.293 of the statutes; relating to: the sale of handguns to persons who are subject to certain restraining orders or injunctions and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, a person may not possess a firearm if he or she has been convicted of a felony, found not guilty of or not responsible for a felony by reason of mental disease or defect or has been adjudicated delinquent as a juvenile for an act that would have been a felony if it had been committed by an adult. A person who is involuntarily committed for treatment in a civil commitment proceeding may also be prohibited from possessing a firearm. In addition, under current law the department of justice (DOJ) is responsible for conducting a criminal history record search to determine whether a prospective purchaser of a handgun is prohibited from possessing a firearm. Current law also authorizes a circuit court to issue a temporary restraining order or injunction against a person who engages in domestic abuse (abuse of an adult member of the family or household), abuse of a child or harassment of another person.

This bill prohibits a person who is the subject of a domestic abuse, child abuse or harassment temporary restraining order or injunction from purchasing a handgun while such temporary restraining order or injunction is in effect. The bill requires the clerk of the circuit court that issues the temporary restraining order or injunction to notify DOJ of the temporary restraining order or injunction. The clerk of court must also provide DOJ with information concerning the time period during which the temporary restraining order or injunction is in effect, as well as with information concerning the person against whom the temporary restraining order or injunction is issued so that DOJ may conduct a record search to determine whether a prospective purchaser of a handgun is the subject of a temporary restraining order or injunction.

A person who violates the bill's prohibition on purchasing a handgun may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

For further information see the state and local 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:

AB294, s. 1 Section 1. 48.396 (8) of the statutes is amended to read:

AB294,2,8 48.396 (8) Notwithstanding sub. (2), if a child is adjudged delinquent for an act that would be a felony if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the child's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a criminal history firearms restrictions record search under s. 175.35 (2g) (c).

AB294, s. 2 Section 2. 175.35 (1) (at) of the statutes is created to read:

AB294,3,2 175.35 (1) (at) "Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm under s. 941.29 or prohibited from purchasing a handgun under s. 941.293. "Firearms restriction 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) and a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.12, 813.122 or 813.125 or a tribal order or injunction filed with the circuit court under s. 813.12 (9) (a).

AB294, s. 3 Section 3. 175.35 (1) (bg) of the statutes is repealed.

AB294, s. 4 Section 4. 175.35 (2) (c) of the statutes is amended to read:

AB294,3,8 175.35 (2) (c) 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) and requested a criminal history record search and involuntary commitment firearms restrictions record search.

AB294, s. 5 Section 5. 175.35 (2) (d) of the statutes is amended to read:

AB294,3,15 175.35 (2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c., have elapsed from the time that the firearms dealer has received a confirmation number regarding the criminal history record search and involuntary commitment firearms restrictions record search under sub. (2g) (c) from the department of justice and the firearms dealer has not been notified that the transfer would be in violation of s. 941.29 or 941.293.

AB294, s. 6 Section 6. 175.35 (2f) of the statutes is amended to read:

AB294,3,24 175.35 (2f) When a firearms dealer requests that the department of justice provide a criminal history record search and involuntary commitment firearms restrictions record search under sub. (2g), he or she shall provide truthful information about his or her status as a firearms dealer and shall provide an accurate firearms dealer identification number obtained under sub. (2h). A person may request that the department provide a criminal history record search and involuntary commitment firearms restrictions record search under sub. (2g) only if he or she is a firearms dealer.

AB294, s. 7 Section 7. 175.35 (2g) (b) of the statutes is amended to read:

AB294,4,7 175.35 (2g) (b) The department of justice shall promulgate rules prescribing a notification form for use under sub. (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 criminal history record search and involuntary commitment 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.

AB294, s. 8 Section 8. 175.35 (2g) (c) (intro.) of the statutes is amended to read:

AB294,4,12 175.35 (2g) (c) (intro.) The department of justice shall promulgate rules for criminal history record searches and involuntary commitment firearms restrictions record searches regarding transferees under sub. (2), including procedures for all of the following:

AB294, s. 9 Section 9. 175.35 (2g) (c) 3. of the statutes is amended to read:

AB294,4,18 175.35 (2g) (c) 3. The department to conduct the criminal history record search and involuntary commitment firearms restrictions record search regarding the transferee. The rules shall include, but not be limited to, a requirement that the department use the transaction information for management of enforcement system and the national crime information center system.

AB294, s. 10 Section 10. 175.35 (2g) (c) 4. of the statutes is amended to read:

AB294,4,23 175.35 (2g) (c) 4. The department to notify the dealer, either during the initial telephone call or as soon thereafter as practicable, of the results of the criminal history record search and involuntary commitment firearms restrictions record search as follows:

AB294,5,4 a. If the searches indicate search indicates that the transferee is prohibited from possessing a firearm under s. 941.29 or prohibited from purchasing a handgun under s. 941.293, the department shall provide the firearms dealer with a unique nonapproval number. The department may not disclose to the firearms dealer the reason the transferee is prohibited from possessing a firearm under s. 941.29 or prohibited from purchasing a handgun under s. 941.293.

AB294,5,8 b. If the searches indicate search indicates that the transferee is not prohibited from possessing a firearm under s. 941.29 and not prohibited from purchasing a handgun under s. 941.293, the department shall provide the firearms dealer with a unique approval number.

AB294,5,15 c. If the criminal history record search indicates a felony charge without a recorded disposition, the deadline under sub. (2) (d) 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.

AB294, s. 11 Section 11. 175.35 (2i) of the statutes is amended to read:

AB294,5,23 175.35 (2i) The department shall charge a firearms dealer an $8 fee for each combined criminal history record search and involuntary commitment firearms restrictions record search that the firearms dealer requests under sub. (2) (c). The firearms dealer may collect the fee from the transferee. The department may refuse to conduct criminal history record searches and involuntary commitment firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection within 30 days after billing by the department.

AB294, s. 12 Section 12. 175.35 (2j) of the statutes is amended to read:

AB294,6,6 175.35 (2j) A firearms dealer shall maintain the original record of all completed notification forms and a record of all confirmation numbers and corresponding approval or nonapproval numbers that he or she receives regarding criminal history record searches and involuntary commitment firearms restrictions record searches under sub. (2g). The firearms dealer shall mail the duplicate copy of each completed notification form to the department of justice.

AB294, s. 13 Section 13. 175.35 (2k) (a) 2. of the statutes is amended to read:

AB294,6,17 175.35 (2k) (a) 2. Check each duplicate notification form received under sub. (2j) against the information recorded by the department regarding the corresponding request for a criminal history record search and involuntary commitment 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 or prohibited from purchasing a handgun under s. 941.293, the department shall destroy all records regarding that criminal history record search and involuntary commitment firearms restrictions record search within 30 days after receiving the duplicate form.

AB294, s. 14 Section 14. 175.35 (2k) (b) 2. a. of the statutes is amended to read:

AB294,6,23 175.35 (2k) (b) 2. a. Except as provided in subd. 2. b., a log of dates of requests for criminal history record searches and involuntary commitment firearms restrictions record searches under sub. (2g) together with confirmation numbers, unique approval and nonapproval numbers and firearms dealer identification numbers corresponding to those dates.

AB294, s. 15 Section 15. 175.35 (2L) of the statutes is amended to read:

AB294,7,7 175.35 (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 because the firearms dealer received a nonapproval number under sub. (2g) (c) 4. a. may request a criminal history record search and involuntary commitment 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.

AB294, s. 16 Section 16. 813.12 (4m) of the statutes is created to read:

AB294,7,12 813.12 (4m) Notice of restriction on handgun purchase. A temporary restraining order issued under sub. (3) and an injunction issued under sub. (4) shall inform the respondent named in the petition of the requirements and penalties under s. 941.293.

AB294, s. 17 Section 17. 813.12 (6) (am) of the statutes is created to read:

AB294,7,20 813.12 (6) (am) If a temporary restraining order is issued under sub. (3), if an injunction is issued or extended under sub. (4) or if a tribal order or injunction is filed under sub. (9) (a), the clerk of the circuit court shall notify the department of justice of the order or injunction and shall provide the department of justice with information concerning the period during which the order or injunction is in effect and information necessary to identify the respondent for purposes of a restraining order and injunction record search under s. 175.35 (2g) (c).