SB643: Bill Text

LRB-4543/1

CMH:nwn:rs

2009 - 2010 LEGISLATURE

2009 Senate BILL 643

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 An Act to repeal 175.35 (2k) (b) 2. b., 941.29 (2) and 941.29 (9); to renumber 175.35 (2j); to renumber and amend 175.35 (2) (intro.), 175.35 (2) (a) to (d), 175.35 (2g) (b), 175.35 (2i), 175.35 (2k) (b) 2. a., 175.35 (3) and 941.29 (1); to amend 20.455 (2) (gr), 175.35 (title) and (1) (ag), 175.35 (2g) (c) (intro.), 175.35 (2g) (c) 4. c., 175.35 (2k) (ar) (intro.), 175.35 (2k) (ar) 2., 175.35 (2k) (b) (intro.), 175.35 (2k) (c) 2. a., 175.35 (2k) (c) 2. b., 175.35 (2k) (g), 175.35 (2k) (h), 175.35 (2k) (i), 175.35 (2t) (a), 175.35 (2t) (b), 175.35 (2t) (c), 938.341, 938.396 (2g) (d), 938.396 (2g) (n), 941.29 (3), 941.29 (4), 941.29 (5) (intro.), 941.29 (5) (a), 941.29 (8), 941.29 (10) (intro.), 971.17 (1g) and 973.176 (1); and to create 175.33, 175.35 (1) (bm), 175.35 (2b), 175.35 (2c) (a) (intro.) and (b), 175.35 (2g) (b) 2., 175.35 (2j) (b), 175.35 (2k) (k), 175.35 (3) (a), 941.29 (1g), 941.29 (1m) (ag), 941.29 (1m) (bg), 941.29 (1m) (br), 941.29 (1m) (cg), 941.29 (1m) (dg) and 941.29 (11) of the statutes; relating to: sales and transfers of firearms, records from sales of firearms, possession of firearms by persons convicted of violent offenses that 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 Section 1. 20.455 (2) (gr) of the statutes is amended to read:

SB643,2,5 20.455 (2) (gr) Handgun purchaser record check fee. All moneys received as fee payments under s. 175.35 (2i) (a) to provide services under s. 175.35.

SB643, s. 2 Section 2. 175.33 of the statutes is created to read:

SB643,3,1 175.33 Transfer of firearms; license required. (1) In this section:

SB643,3,3 (a) "Family member" means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

SB643,3,4 (b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

SB643,3,6 (2) No person may sell or transfer ownership of a firearm, or purchase or obtain ownership of a firearm, unless one of the following applies:

SB643,3,7 (a) The seller or transferor is a firearms dealer.

SB643,3,9 (b) The seller or transferor makes the sale or transfer to or through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

SB643,3,11 (c) The sale or transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

SB643,3,14 (d) The transferor is transferring ownership of the firearm to a family member by gift, bequest, or inheritance, the transferee is not prohibited from possessing a firearm under s. 941.29, and the transferee is at least 18 years of age.

SB643,3,18 (e) The transferor is transferring ownership of the firearm with the intent that the transfer be temporary, neither the transferor nor the transferee is prohibited from possessing a firearm under s. 941.29, and the purpose of the transfer is not prohibited by law.

SB643,3,19 (3) Any person who intentionally violates sub. (2) is guilty of a Class G felony.

SB643, s. 3 Section 3. 175.35 (title) and (1) (ag) of the statutes are amended to read:

SB643,3,22 175.35 (title) Waiting period for purchase of handguns and records for purchases of firearms.

SB643,4,2 (1) (ag) "Criminal history record" includes information reported to the department under s. 938.396 (2g) (n) that indicates a person was adjudicated delinquent for an act that if committed by an adult in this state would be a felony or, if the adjudication occurred within the preceding 5 years, a violent nonfelony offense.

SB643, s. 4 Section 4. 175.35 (1) (bm) of the statutes is created to read:

SB643,4,5 175.35 (1) (bm) "Violent nonfelony offense" has the meaning given in s. 941.29 (1g).

SB643, s. 5 Section 5. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) and amended to read:

SB643,4,10 175.35 (2) When a firearms dealer sells a handgun firearm, he or she may not transfer possession of that handgun firearm to any other person until all of the following have occurred: requirements of sub. (2c) have been met.

SB643, s. 6 Section 6. 175.35 (2) (a) to (d) of the statutes are renumbered 175.35 (2c) (a) 1. to 4., and 175.35 (2c) (a) 2. and 3., as renumbered, are amended to read:

SB643,4,14 175.35 (2c) (a) 2. The transferee has completed the notification form described in sub. (2g) (b) 1.

SB643,4,17 3. 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) 1. and requested a firearms restrictions record search.

SB643, s. 7 Section 7. 175.35 (2b) of the statutes is created to read:

SB643,4,24 175.35 (2b) When a person sells a firearm or transfers ownership of a firearm through a firearms dealer, the person may not transfer possession of that firearm to any person other than the firearms dealer, and the firearms dealer may not transfer or authorize the transfer of possession of that firearm to any person, until all of the requirements of sub. (2c) have been met. This subsection does not apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms dealer.

SB643, s. 8 Section 8. 175.35 (2c) (a) (intro.) and (b) of the statutes are created to read:

SB643,5,2 175.35 (2c) (a) (intro.) All of the following must occur before a sale or transfer of a firearm that is a handgun occurs under sub. (2) or (2b):

SB643,5,4 (b) All of the following must occur before a sale or transfer of a firearm that is not a handgun occurs under sub. (2) or (2b):

SB643,5,6 1. The transferee has provided identification as required by rule under sub. (2g) (a).

SB643,5,9 2. The firearms dealer has completed the notification form described in sub. (2g) (b) 2. and conveyed the information from the completed notification form to the department of justice as required by rule under sub. (2g) (b) 2.

SB643, s. 9 Section 9. 175.35 (2g) (b) of the statutes is renumbered 175.35 (2g) (b) (intro.) and amended to read:

SB643,5,15 175.35 (2g) (b) (intro.) The department of justice shall promulgate rules prescribing a notification form forms for use under sub. (2) requiring the (2c) (a) 2. and (b) 2. The department shall make the forms available at locations throughout the state. The form shall do all of the following:

SB643,5,20 1. If sub. (2c) (a) describes the sale or transfer, require the transferee to provide his or her name, date of birth, gender, and race and social security number and other identification necessary to permit an accurate 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.

SB643, s. 10 Section 10. 175.35 (2g) (b) 2. of the statutes is created to read:

SB643,5,24 175.35 (2g) (b) 2. If sub. (2c) (b) describes the sale or transfer, require the firearms dealer to provide his or her name and contact information and information that identifies the firearm that was sold or transferred.

SB643, s. 11 Section 11. 175.35 (2g) (c) (intro.) of the statutes is amended to read:

SB643,6,3 175.35 (2g) (c) (intro.) The department of justice shall promulgate rules for firearms restrictions record searches regarding transferees under sub. subs. (2) and (2b), including procedures for all of the following:

SB643, s. 12 Section 12. 175.35 (2g) (c) 4. c. of the statutes is amended to read:

SB643,6,11 175.35 (2g) (c) 4. c. If the search indicates a felony charge or a violent nonfelony offense charge without a recorded disposition, the deadline under sub. (2) (d) (2c) (a) 4. 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.

SB643, s. 13 Section 13. 175.35 (2i) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 175.35 (2i) (a) and amended to read:

SB643,6,16 175.35 (2i) (a) The department shall charge a firearms dealer a $13 fee for each firearms restrictions record search that the firearms dealer requests under sub. (2) (c) (2c) (a) 3.

SB643,6,18 (b) The firearms dealer may collect the fee under par. (a) from the transferee or, if the transfer is made under sub. (2b), from the transferor.

SB643,6,21 (c) The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection par. (a) within 30 days after billing by the department.

SB643, s. 14 Section 14. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

SB643, s. 15 Section 15. 175.35 (2j) (b) of the statutes is created to read:

SB643,7,2 175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm through a firearms dealer under sub. (2b), or sells a firearm or transfers ownership of a firearm to a firearms dealer, the firearms dealer shall provide the person a written receipt documenting the dealer's participation in the sale or transfer.

SB643, s. 16 Section 16. 175.35 (2k) (ar) (intro.) of the statutes is amended to read:

SB643,7,5 175.35 (2k) (ar) (intro.) Except as provided in pars. (b) to (j) (k) and as necessary to administer this section, the department of justice shall do all of the following:

SB643, s. 17 Section 17. 175.35 (2k) (ar) 2. of the statutes is amended to read:

SB643,7,14 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub. (2j) (a) against the information recorded by the department regarding the corresponding request for a 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, the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the duplicate form.

SB643, s. 18 Section 18. 175.35 (2k) (b) (intro.) of the statutes is amended to read:

SB643,7,17 175.35 (2k) (b) (intro.) Notwithstanding par. (ar), the The department of justice may maintain all of the following:

SB643, s. 19 Section 19. 175.35 (2k) (b) 2. a. of the statutes is renumbered 175.35 (2k) (b) 2. and amended to read:

SB643,7,23 175.35 (2k) (b) 2. Except as provided in subd. 2. b., a A log of dates of requests for 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.

SB643, s. 20 Section 20. 175.35 (2k) (b) 2. b. of the statutes is repealed.

SB643, s. 21 Section 21. 175.35 (2k) (c) 2. a. of the statutes is amended to read:

SB643,8,3 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency is conducting an investigation of a crime in which a handgun firearm was used or was attempted to be used or was unlawfully possessed.

SB643, s. 22 Section 22. 175.35 (2k) (c) 2. b. of the statutes is amended to read:

SB643,8,8 175.35 (2k) (c) 2. 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 firearm.

SB643, s. 23 Section 23. 175.35 (2k) (g) of the statutes is amended to read:

SB643,8,13 175.35 (2k) (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 firearm.

SB643, s. 24 Section 24. 175.35 (2k) (h) of the statutes is amended to read:

SB643,8,20 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge or violent nonfelony offense 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 firearm.

SB643, s. 25 Section 25. 175.35 (2k) (i) of the statutes is amended to read:

SB643,8,23 175.35 (2k) (i) The department of justice may not charge a fee for any services that the department provides under pars. (c) to (j) (k).