LRB-4896/2
JEO:kmg:jlb
1995 - 1996 LEGISLATURE
January 3, 1996 - Introduced by Senators Wineke, Burke and Chvala, cosponsored
by Representatives Bock, Baldwin, L. Young, Notestein, Kunicki and Krug.
Referred to Committee on Judiciary.
SB476,1,2
1An Act to repeal 175.35 (2g) (c) 4. c.; and
to amend 175.35 (2) (d) of the statutes;
2relating to: the handgun sales waiting period.
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 a firearms restrictions record search (background check) of the prospective
handgun owner by the department of justice (DOJ). Among the conditions is a
requirement that the dealer may not transfer the handgun until 48 hours after the
dealer receives confirmation from DOJ that DOJ has received the dealer's request
for a background check. This bill changes the 48-hour time period to a time period
of 5 working days.
Under current law, whenever the DOJ background check indicates a felony
charge with no recorded disposition, the original waiting period is extended to the
3rd complete working day after DOJ finds that felony charge. This bill eliminates
the 3-day extension.
For further information see the state 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:
SB476,2,35
175.35
(2) (d)
Forty-eight hours, subject to extension under sub. (2g) (c) 4. c., 6Five working days have elapsed from the time that the firearms dealer has received
1a confirmation number regarding the firearms restrictions record search under sub.
2(2g) (c) from the department of justice and the firearms dealer has not been notified
3that the transfer would be in violation of s. 941.29.
SB476,2,8
7(1) This act first applies to handgun sales on the effective date of this
8subsection.
SB476,2,10
10(1)
This act takes effect on April 1, 1996.
