AB331: Bill Text

LRB-2814/2

BF:jrd:kaf

1995 - 1996 LEGISLATURE

1995 Assembly BILL 331

April 28, 1995 - Introduced by Representatives Goetsch, Ziegelbauer, Jensen, Krusick, Owens, Kaufert, Lehman, Brandemuehl, Gard, Ladwig, Porter, Freese, Silbaugh, Schneiders, Urban, Robson, Ainsworth, Hahn, F. Lasee, Duff, Musser, Boyle, Seratti, Albers and Baldus, cosponsored by Senators Schultz, Buettner, Rosenzweig and Darling. Referred to Committee on Criminal Justice and Corrections.

AB331,1,3 An Act to renumber and amend 175.35 (2k) (a); to amend 175.35 (2k) (b) (intro.); and to create 175.35 (2k) (ag) and 175.35 (2k) (c) to (j) of the statutes; relating to: handgun transfer records.

Analysis by the Legislative Reference Bureau

Under current law, no federally licensed firearms dealer may transfer a handgun following a sale until various conditions are met relating to a waiting period and to a criminal history record search and an involuntary commitment record search (background checks) of the prospective handgun owner by the department of justice (DOJ). The current law includes a provision authorizing DOJ to maintain records to administer this law, requiring DOJ to check and purge certain information relating to background checks and requiring DOJ to deny access to its records except under specified circumstances.

This bill adds another exception specifically requiring DOJ to provide access to these records by a law enforcement agency conducting a criminal investigation and involving a reasonable suspicion by a division commander or higher authority within the agency that a person has obtained or is attempting to obtain a handgun. The agency must notify a person who is the subject of one of these law enforcement information requests upon the earliest of the following: the date when the person is no longer pertinent to the investigation, the date when the investigation is completed or one year after the request is made. The bill requires the agency to destroy information it receives from DOJ according to the same date requirements. Finally, the bill authorizes the attorney general or his or her designee to inform law enforcement agencies when a background check indicates that a person tried to unlawfully obtain a firearm.

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:

AB331, s. 1 Section 1. 175.35 (2k) (a) of the statutes is renumbered 175.35 (2k) (ar), and 175.35 (2k) (ar) (intro.), as renumbered, is amended to read:

AB331,2,5 175.35 (2k) (ar) (intro.) Except as provided in par. pars. (b) to (j) and as necessary to administer this section, the department of justice shall do all of the following:

AB331, s. 2 Section 2. 175.35 (2k) (ag) of the statutes is created to read:

AB331,2,7 175.35 (2k) (ag) In this subsection:

AB331,2,12 1. "Law enforcement agency of another state" means a governmental unit of one or more persons employed by a state other than Wisconsin or a political subdivision of a state other than Wisconsin for the purpose of preventing and detecting crime and enforcing that state's laws or local ordinances, employes of which unit are authorized to make arrests for crimes while acting within the scope of their authority.

AB331,2,17 2. "Wisconsin law enforcement agency" means a governmental unit of one or more persons employed by this state or a political subdivision of this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employes of which unit are authorized to make arrests for crimes while acting within the scope of their authority.

AB331, s. 3 Section 3. 175.35 (2k) (b) (intro.) of the statutes is amended to read:

AB331,2,20 175.35 (2k) (b) (intro.) Notwithstanding par. (a) (ar), the department of justice may maintain all of the following:

AB331, s. 4 Section 4. 175.35 (2k) (c) to (j) of the statutes are created to read:

AB331,3,3 175.35 (2k) (c) Notwithstanding par. (ar), the department of justice shall provide access to any record under this section under all of the following circumstances:

AB331,3,5 1. The department of justice receives a record request that is submitted in writing by a Wisconsin law enforcement agency.

AB331,3,7 2. The request submitted under subd. 1. appears on the Wisconsin law enforcement agency's letterhead and contains all of the following:

AB331,3,9 a. A statement that the Wisconsin law enforcement agency is conducting an investigation of a crime in which a handgun was used or was attempted to be used.

AB331,3,13 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.

AB331,3,15 c. The signature of a division commander or higher authority within the Wisconsin law enforcement agency.

AB331,3,20 (d) Whenever a Wisconsin law enforcement agency makes a request for information under par. (c), the agency shall report to the subject of the information request the fact that a request has been made and the name of the Wisconsin law enforcement agency that made the request. The agency shall make the report whenever the earliest of the following occurs:

AB331,3,22 1. The person who is the subject of the information request under par. (c) 2. b. is no longer material to the investigation conducted under par. (c) 2. a.

AB331,3,24 2. The Wisconsin law enforcement agency has completed its investigation under par. (c) 2. a.

AB331,4,2 3. One year after the date that the Wisconsin law enforcement agency made the request under par. (c).

AB331,4,11 (e) A Wisconsin law enforcement agency may disclose information that is provided by the department of justice under par. (c) to another law enforcement agency. If there is a request for information from a requester other than a law enforcement agency, the Wisconsin law enforcement agency shall not disclose information to the requester that is provided by the department of justice under par. (c). If there is a request by a requester other than a law enforcement agency to copy or inspect any record of the Wisconsin law enforcement agency that contains that information, the agency, acting under s. 19.36 (6), shall delete any portion of the record that relates to that information before release.

AB331,4,14 (f) A Wisconsin law enforcement agency that is provided access to a record under par. (c) shall destroy all corresponding information contained in the record when the earliest of the following occurs:

AB331,4,16 1. The person who is the subject of the information request under par. (c) 2. b. is no longer material to the investigation conducted under par. (c) 2. a.

AB331,4,18 2. The Wisconsin law enforcement agency has completed its investigation under par. (c) 2. a.

AB331,4,20 3. One year after the date the Wisconsin law enforcement agency made the request under par. (c).

AB331,4,24 (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 disclose to a law enforcement agency that the transferee has attempted to obtain a handgun.

AB331,5,5 (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.

AB331,5,7 (i) The department of justice may not charge a fee for any services that the department provides under pars. (c) to (j).

AB331,5,10 (j) If a law enforcement agency of another state makes a request under par. (c), the department shall comply with the request under all of the following circumstances:

AB331,5,12 1. The law enforcement agency of the other state agrees to comply with all the requirements under this subsection.

AB331,5,14 2. The other state allows Wisconsin law enforcement agencies similar or greater access to similar information from that other state.

AB331,5,15 (End)