2009 - 2010 LEGISLATURE
March 25, 2010 - Introduced by Senators Coggs and Risser, cosponsored by
Representatives Staskunas, Pasch, Young, Turner, Shilling, Fields,
Richards, Toles, Parisi, Sinicki, Grigsby, Berceau, Sherman, Pope-Roberts,
Kessler
and A. Williams. Referred to Committee on Judiciary, Corrections,
Insurance, Campaign Finance Reform, and Housing.
SB643,2,2 1An Act to repeal 175.35 (2k) (b) 2. b., 941.29 (2) and 941.29 (9); to renumber
2175.35 (2j); to renumber and amend 175.35 (2) (intro.), 175.35 (2) (a) to (d),
3175.35 (2g) (b), 175.35 (2i), 175.35 (2k) (b) 2. a., 175.35 (3) and 941.29 (1); to
4amend
20.455 (2) (gr), 175.35 (title) and (1) (ag), 175.35 (2g) (c) (intro.), 175.35
5(2g) (c) 4. c., 175.35 (2k) (ar) (intro.), 175.35 (2k) (ar) 2., 175.35 (2k) (b) (intro.),
6175.35 (2k) (c) 2. a., 175.35 (2k) (c) 2. b., 175.35 (2k) (g), 175.35 (2k) (h), 175.35
7(2k) (i), 175.35 (2t) (a), 175.35 (2t) (b), 175.35 (2t) (c), 938.341, 938.396 (2g) (d),
8938.396 (2g) (n), 941.29 (3), 941.29 (4), 941.29 (5) (intro.), 941.29 (5) (a), 941.29
9(8), 941.29 (10) (intro.), 971.17 (1g) and 973.176 (1); and to create 175.33,
10175.35 (1) (bm), 175.35 (2b), 175.35 (2c) (a) (intro.) and (b), 175.35 (2g) (b) 2.,
11175.35 (2j) (b), 175.35 (2k) (k), 175.35 (3) (a), 941.29 (1g), 941.29 (1m) (ag),
12941.29 (1m) (bg), 941.29 (1m) (br), 941.29 (1m) (cg), 941.29 (1m) (dg) and 941.29
13(11) of the statutes; relating to: sales and transfers of firearms, records from

1sales of firearms, possession of firearms by persons convicted of violent offenses
2that are not felonies, and providing penalties.
Analysis by the Legislative Reference Bureau
Current law provides that various conditions, including a background check of
a prospective purchaser, must be met before a federally licensed firearms dealer may
transfer a handgun after a sale. This bill prohibits the sale or transfer of any firearm
unless one of the following applies: the sale or transfer is by a federally licensed
firearms dealer; the sale or transfer is to or through a firearms dealer; the sale or
transfer is one for which the waiting period for the purchase of a handgun under
current law does not apply; the transfer is by gift, bequest, or inheritance to a family
member; or the transfer is intended to be temporary and the purpose of the transfer
is not illegal. In addition, this bill requires that, before any firearm that is not a
handgun is transferred, the person receiving the firearm must provide identification
to the firearms dealer and the firearms dealer must complete a notification form
listing his or her name, his or her contact information, and information to identify
the firearm and convey the information on the form to the Department of Justice.
Current law prohibits a person from possessing a firearm if he or she has been
convicted of a felony. This bill prohibits a person from possessing a firearm also if
he or she has been convicted of a "violent nonfelony offense" unless five years have
passed since the conviction. A violent nonfelony offense includes misdemeanor
battery, misdemeanor harassment, misdemeanor endangering safety by use of a
dangerous weapon, and exposing genitals to a child; violations of a domestic abuse,
child abuse, or harassment temporary restraining order or injunction; and
misdemeanors for which the maximum term of imprisonment has been increased for
use of a dangerous weapon when committing the misdemeanor.
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:
SB643, s. 1 3Section 1. 20.455 (2) (gr) of the statutes is amended to read:
SB643,2,54 20.455 (2) (gr) Handgun purchaser record check fee. All moneys received as fee
5payments under s. 175.35 (2i) (a) to provide services under s. 175.35.
SB643, s. 2 6Section 2. 175.33 of the statutes is created to read:
SB643,3,1
1175.33 Transfer of firearms; license required. (1) In this section:
SB643,3,32 (a) "Family member" means a spouse, parent, grandparent, sibling, child, or
3grandchild. The relationship may be by blood, marriage, or adoption.
SB643,3,44 (b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB643,3,6 5(2) No person may sell or transfer ownership of a firearm, or purchase or obtain
6ownership of a firearm, unless one of the following applies:
SB643,3,77 (a) The seller or transferor is a firearms dealer.
SB643,3,98 (b) The seller or transferor makes the sale or transfer to or through a firearms
9dealer and obtains a receipt under s. 175.35 (2j) (b).
SB643,3,1110 (c) The sale or transfer of ownership of the firearm is one of the transfers listed
11under s. 175.35 (2t).
SB643,3,1412 (d) The transferor is transferring ownership of the firearm to a family member
13by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
14firearm under s. 941.29, and the transferee is at least 18 years of age.
SB643,3,1815 (e) The transferor is transferring ownership of the firearm with the intent that
16the transfer be temporary, neither the transferor nor the transferee is prohibited
17from possessing a firearm under s. 941.29, and the purpose of the transfer is not
18prohibited by law.
SB643,3,19 19(3) Any person who intentionally violates sub. (2) is guilty of a Class G felony.
SB643, s. 3 20Section 3. 175.35 (title) and (1) (ag) of the statutes are amended to read:
SB643,3,22 21175.35 (title) Waiting period for purchase of handguns and records for
22purchases of firearms
.
SB643,4,2 23(1) (ag) "Criminal history record" includes information reported to the
24department under s. 938.396 (2g) (n) that indicates a person was adjudicated

1delinquent for an act that if committed by an adult in this state would be a felony or,
2if the adjudication occurred within the preceding 5 years, a violent nonfelony offense
.
SB643, s. 4 3Section 4. 175.35 (1) (bm) of the statutes is created to read:
SB643,4,54 175.35 (1) (bm) "Violent nonfelony offense" has the meaning given in s. 941.29
5(1g).
SB643, s. 5 6Section 5. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) and
7amended to read:
SB643,4,108 175.35 (2) When a firearms dealer sells a handgun firearm, he or she may not
9transfer possession of that handgun firearm to any other person until all of the
10following have occurred: requirements of sub. (2c) have been met.
SB643, s. 6 11Section 6. 175.35 (2) (a) to (d) of the statutes are renumbered 175.35 (2c) (a)
121. to 4., and 175.35 (2c) (a) 2. and 3., as renumbered, are amended to read:
SB643,4,1413 175.35 (2c) (a) 2. The transferee has completed the notification form described
14in sub. (2g) (b) 1.
SB643,4,1715 3. The firearms dealer has conveyed the information from the completed
16notification form to the department of justice as required by rule under sub. (2g) (b)
171. and requested a firearms restrictions record search.
SB643, s. 7 18Section 7. 175.35 (2b) of the statutes is created to read:
SB643,4,2419 175.35 (2b) When a person sells a firearm or transfers ownership of a firearm
20through a firearms dealer, the person may not transfer possession of that firearm to
21any person other than the firearms dealer, and the firearms dealer may not transfer
22or authorize the transfer of possession of that firearm to any person, until all of the
23requirements of sub. (2c) have been met. This subsection does not apply if a person
24sells a firearm, or transfers ownership of a firearm, to a firearms dealer.
SB643, s. 8 25Section 8. 175.35 (2c) (a) (intro.) and (b) of the statutes are created to read:
SB643,5,2
1175.35 (2c) (a) (intro.) All of the following must occur before a sale or transfer
2of a firearm that is a handgun occurs under sub. (2) or (2b):
SB643,5,43 (b) All of the following must occur before a sale or transfer of a firearm that is
4not a handgun occurs under sub. (2) or (2b):
SB643,5,65 1. The transferee has provided identification as required by rule under sub. (2g)
6(a).
SB643,5,97 2. The firearms dealer has completed the notification form described in sub.
8(2g) (b) 2. and conveyed the information from the completed notification form to the
9department of justice as required by rule under sub. (2g) (b) 2.
SB643, s. 9 10Section 9. 175.35 (2g) (b) of the statutes is renumbered 175.35 (2g) (b) (intro.)
11and amended to read:
SB643,5,1512 175.35 (2g) (b) (intro.) The department of justice shall promulgate rules
13prescribing a notification form forms for use under sub. (2) requiring the (2c) (a) 2.
14and (b) 2. The department shall make the forms available at locations throughout
15the state. The form shall do all of the following:
SB643,5,20 161. If sub. (2c) (a) describes the sale or transfer, require the transferee to provide
17his or her name, date of birth, gender, and race and social security number and other
18identification necessary to permit an accurate firearms restrictions record search
19under par. (c) 3. and the required notification under par. (c) 4. The department of
20justice shall make the forms available at locations throughout the state.
SB643, s. 10 21Section 10. 175.35 (2g) (b) 2. of the statutes is created to read:
SB643,5,2422 175.35 (2g) (b) 2. If sub. (2c) (b) describes the sale or transfer, require the
23firearms dealer to provide his or her name and contact information and information
24that identifies the firearm that was sold or transferred.
SB643, s. 11 25Section 11. 175.35 (2g) (c) (intro.) of the statutes is amended to read:
SB643,6,3
1175.35 (2g) (c) (intro.) The department of justice shall promulgate rules for
2firearms restrictions record searches regarding transferees under sub. subs. (2) and
3(2b)
, including procedures for all of the following:
SB643, s. 12 4Section 12. 175.35 (2g) (c) 4. c. of the statutes is amended to read:
SB643,6,115 175.35 (2g) (c) 4. c. If the search indicates a felony charge or a violent nonfelony
6offense charge
without a recorded disposition, the deadline under sub. (2) (d) (2c) (a)
74.
is extended to the end of the 3rd complete working day commencing after the day
8on which the finding is made. The department shall notify the firearms dealer of the
9extension as soon as practicable. During the extended period, the department shall
10make every reasonable effort to determine the disposition of the charge and notify
11the firearms dealer of the results as soon as practicable.
SB643, s. 13 12Section 13. 175.35 (2i) of the statutes, as affected by 2009 Wisconsin Act 28,
13is renumbered 175.35 (2i) (a) and amended to read:
SB643,6,1614 175.35 (2i) (a) The department shall charge a firearms dealer a $13 fee for each
15firearms restrictions record search that the firearms dealer requests under sub. (2)
16(c)
(2c) (a) 3.
SB643,6,18 17(b) The firearms dealer may collect the fee under par. (a) from the transferee
18or, if the transfer is made under sub. (2b), from the transferor.
SB643,6,21 19(c) The department may refuse to conduct firearms restrictions record searches
20for any firearms dealer who fails to pay any fee under this subsection par. (a) within
2130 days after billing by the department.
SB643, s. 14 22Section 14. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
SB643, s. 15 23Section 15. 175.35 (2j) (b) of the statutes is created to read:
SB643,7,224 175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm
25through a firearms dealer under sub. (2b), or sells a firearm or transfers ownership

1of a firearm to a firearms dealer, the firearms dealer shall provide the person a
2written receipt documenting the dealer's participation in the sale or transfer.
SB643, s. 16 3Section 16. 175.35 (2k) (ar) (intro.) of the statutes is amended to read:
SB643,7,54 175.35 (2k) (ar) (intro.) Except as provided in pars. (b) to (j) (k) and as necessary
5to administer this section, the department of justice shall do all of the following:
SB643, s. 17 6Section 17. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB643,7,147 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub.
8(2j) (a) against the information recorded by the department regarding the
9corresponding request for a firearms restrictions record search under sub. (2g). If the
10department previously provided a unique approval number regarding the request
11and nothing in the duplicate completed notification form indicates that the
12transferee is prohibited from possessing a firearm under s. 941.29, the department
13shall destroy all records regarding that firearms restrictions record search within 30
14days after receiving the duplicate form.
SB643, s. 18 15Section 18. 175.35 (2k) (b) (intro.) of the statutes is amended to read:
SB643,7,1716 175.35 (2k) (b) (intro.) Notwithstanding par. (ar), the The department of justice
17may maintain all of the following:
SB643, s. 19 18Section 19. 175.35 (2k) (b) 2. a. of the statutes is renumbered 175.35 (2k) (b)
192. and amended to read:
SB643,7,2320 175.35 (2k) (b) 2. Except as provided in subd. 2. b., a A log of dates of requests
21for firearms restrictions record searches under sub. (2g) together with confirmation
22numbers, unique approval and nonapproval numbers and firearms dealer
23identification numbers corresponding to those dates.
SB643, s. 20 24Section 20. 175.35 (2k) (b) 2. b. of the statutes is repealed.
SB643, s. 21 25Section 21. 175.35 (2k) (c) 2. a. of the statutes is amended to read:
SB643,8,3
1175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
2is conducting an investigation of a crime in which a handgun firearm was used or was
3attempted to be used or was unlawfully possessed.
SB643, s. 22 4Section 22. 175.35 (2k) (c) 2. b. of the statutes is amended to read:
SB643,8,85 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority
6within the Wisconsin law enforcement agency that he or she has a reasonable
7suspicion that the person who is the subject of the information request has obtained
8or is attempting to obtain a handgun firearm.
SB643, s. 23 9Section 23. 175.35 (2k) (g) of the statutes is amended to read:
SB643,8,1310 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the
11transferee is prohibited from possessing a firearm under s. 941.29, the attorney
12general or his or her designee may disclose to a law enforcement agency that the
13transferee has attempted to obtain a handgun firearm.
SB643, s. 24 14Section 24. 175.35 (2k) (h) of the statutes is amended to read:
SB643,8,2015 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge
16or violent nonfelony offense charge without a recorded disposition and the attorney
17general or his or her designee has reasonable grounds to believe the transferee may
18pose a danger to himself, herself or another, the attorney general or his or her
19designee may disclose to a law enforcement agency that the transferee has obtained
20or has attempted to obtain a handgun firearm.
SB643, s. 25 21Section 25. 175.35 (2k) (i) of the statutes is amended to read:
SB643,8,2322 175.35 (2k) (i) The department of justice may not charge a fee for any services
23that the department provides under pars. (c) to (j) (k).
SB643, s. 26 24Section 26. 175.35 (2k) (k) of the statutes is created to read:
SB643,9,8
1175.35 (2k) (k) The department may provide access to records kept under this
2section to a person engaged in research if the department has approved the research
3and the researcher agrees that the information will be used only for the purposes for
4which it was provided, the information will not be released to anyone not connected
5with the research, and the research will not involve revealing information that may
6serve to identify the individuals involved. The department shall also impose
7whatever additional safeguards are needed to prevent unwarranted disclosure of
8information from the records.
SB643, s. 27 9Section 27. 175.35 (2t) (a) of the statutes is amended to read:
SB643,9,1110 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by
11regulations of the U.S. department of the treasury.
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