LRB-0949/1
MGD:wlj:cph
2003 - 2004 LEGISLATURE
May 8, 2003 - Introduced by Representatives Gunderson, Suder, Pettis, Albers,
Berceau, Freese, Gielow, Hahn, Hines, Krawczyk, Ladwig, McCormick, Nass,
Olsen, Ott, Seratti, Townsend, Van Roy, Vrakas
and Stone, cosponsored by
Senators Stepp, Schultz and Cowles. Referred to Committee on Criminal
Justice.
AB315,1,5 1An Act to renumber and amend 175.35 (2g) (b) and 175.35 (3); and to create
2175.35 (2g) (b) 1. to 9., 175.35 (2g) (bd), 175.35 (3) (b) and 175.35 (4) of the
3statutes; relating to: providing information to a firearms dealer when
4purchasing a handgun, authorizing the Department of Justice to prosecute
5violations of certain laws regulating firearms, and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, a federally licensed firearms dealer may not transfer a
handgun to a person following a sale until the person has provided identification to
the firearms dealer and has completed a notification form prescribed by the
Department of Justice (DOJ) that requires the person to provide his or her name,
date of birth, gender, race, and social security number and other identifying
information. The firearms dealer must then convey the information from the
completed notification form to DOJ so that DOJ can conduct a background check to
determine whether the person is prohibited from possessing a firearm. A person
completing the notification form must provide truthful information on the form. If
a person intentionally provides false information, he or she must be fined not less
than $500 nor more than $10,000 and may be imprisoned for not more than nine
months.
The bill provides that the notification form prescribed by DOJ must require the
person completing the notification form to give a "yes" or "no" answer to several
questions, including questions asking the following: 1) whether the person is

purchasing the firearm with the purpose or intent of transferring it to a person who
is prohibited from possessing a firearm under state or federal law; 2) whether the
person has been convicted of a felony, found not guilty of or not responsible for a
felony by reason of mental disease or defect, or adjudicated delinquent for a felony;
and 3) whether the person is subject to certain court orders that prohibit the person
from possessing a firearm. Under the bill, the notification form may not require the
person to answer questions other than those specified in the bill. In addition, the
questions must appear on the notification form exactly as they appear in the bill.
The bill establishes separate penalty provisions that apply to a person who
intentionally provides false information in response to the first of the questions
described in the preceding paragraph. Under the bill, the person must be fined not
less than $500 nor more than $10,000 and may be imprisoned for not more than six
years. The bill also authorizes DOJ to prosecute such a violation.
Finally, the bill provides that the form may not require the person to answer any
question or statement that is the same as or substantially similar to the following
statement: "I am the actual purchaser of this firearm. I am not purchasing the
firearm at the request of any other person or on behalf of any other person. I am not
purchasing this firearm with the purpose or intent of reselling the firearm to any
other person."
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB315, s. 1 1Section 1. 175.35 (2g) (b) of the statutes is renumbered 175.35 (2g) (b) (intro.)
2and amended to read:
AB315,3,33 175.35 (2g) (b) (intro.) The department of justice shall promulgate rules
4prescribing a notification form for use under sub. (2) requiring. The form shall
5require
the transferee to provide his or her name, date of birth, gender, race, and
6social security number and other identification necessary to permit an accurate
7firearms restrictions record search under par. (c) 3. and the required notification
8under par. (c) 4. The form shall also include a section that, using exactly the wording

1specified in subds. 1. to 9., asks the transferee all of the following questions and only
2the following questions and that requires the transferee to give a "yes" or "no" answer
3to each question in a space next to the question on the form:
AB315,3,5 4(bm) The department of justice shall make the forms prescribed under par. (b)
5available at locations throughout the state.
AB315, s. 2 6Section 2. 175.35 (2g) (b) 1. to 9. of the statutes are created to read:
AB315,3,97 175.35 (2g) (b) 1. Are you purchasing this firearm with the purpose or intent
8of transferring it to a person who is presently prohibited from possessing a firearm
9under state or federal law?
AB315,3,1210 2. Have you ever been convicted of a felony in this state or a crime elsewhere
11that would be a felony if committed in Wisconsin? (A felony is defined as a crime
12punishable by one year or more in prison.)
AB315,3,1413 3. Have you ever been found not guilty of a felony in Wisconsin by reason of
14mental disease or defect?
AB315,3,1715 4. Have you ever been found not guilty of or not responsible for a crime
16elsewhere that would be a felony if committed in Wisconsin by reason of insanity or
17mental disease, defect, or illness?
AB315,3,1918 5. Are you subject to a court order under the Wisconsin Mental Health Act (ch.
1951, stats.) that prohibits you from possessing a handgun?
AB315,3,2120 6. Are you subject to a court order under the harassment injunction law (s.
21813.125, Wis. Stats.) that prohibits you from possessing a firearm?
AB315,3,2322 7. Are you subject to a domestic abuse injunction or domestic abuse tribal
23injunction (s. 813.12, Wis. Stats.) or a child abuse injunction (s. 813.122, Wis. Stats.)?
AB315,3,2524 NOTE: This question applies to proceedings that were commenced on or after
25April 1, 1996.
AB315,4,3
18. Have you ever been adjudicated delinquent as a juvenile for an act committed
2on or after April 21, 1994, that if committed by an adult in Wisconsin would be a
3felony?
AB315,4,74 9. If you answered "yes" to question number 8, have you been exempted from
5the firearm possession prohibition by order of a court pursuant to s. 941.29 (8), Wis.
6Stats.? If you answered "no" to question number 8, leave the space next to this
7question blank.
AB315, s. 3 8Section 3. 175.35 (2g) (bd) of the statutes is created to read:
AB315,4,149 175.35 (2g) (bd) The form prescribed under par. (b) may not require the
10transferee to give a "yes" or "no" answer to any question or statement that is the same
11as or substantially similar to the following statement: "I am the actual purchaser
12of this firearm. I am not purchasing the firearm at the request of any other person
13or on behalf of any other person. I am not purchasing this firearm with the purpose
14or intent of reselling the firearm to any other person."
AB315, s. 4 15Section 4. 175.35 (3) of the statutes is renumbered 175.35 (3) (a) and amended
16to read:
AB315,4,1917 175.35 (3) (a) Any person who intentionally violates sub. (2), (2e), (2f), or (2j)
18shall be fined not less than $500 nor more than $10,000 and may be imprisoned for
19not more than 9 months.
AB315, s. 5 20Section 5. 175.35 (3) (b) of the statutes is created to read:
AB315,4,2321 175.35 (3) (b) 1. Except as provided in subd. 2., a person who intentionally
22violates sub. (2e) shall be fined not less than $500 nor more than $10,000 and may
23be imprisoned for not more than 9 months.
AB315,5,3
12. A person who violates sub. (2e) by intentionally providing false information
2in response to the question specified in sub. (2g) (b) 1. is guilty of a Class H felony
3and shall be fined not less than $500.
AB315, s. 5d 4Section 5d. 175.35 (4) of the statutes is created to read:
AB315,5,105 175.35 (4) The department of justice or the district attorney may institute,
6manage, control, and direct, in the proper county, a prosecution for violation of sub.
7(2e) that involves intentionally providing false information in response to the
8question specified in sub. (2g) (b) 1. When prosecuting such violations, the
9department of justice shall have and exercise all powers conferred upon district
10attorneys.
AB315, s. 6 11Section 6. Initial applicability.
AB315,5,1312 (1) The treatment of section 175.35 (3) (b) of the statutes first applies to offenses
13committed on the effective date of this subsection.
AB315, s. 7 14Section 7. Effective date.
AB315,5,1615 (1) This act takes effect on February 1, 2003, or on the day after publication,
16whichever is later.
AB315,5,1717 (End)
Loading...
Loading...