SB168: Bill Text

SB168, s. 4 Section 4. 175.35 (2g) (c) 5. of the statutes is created to read:

SB168,3,11 175.35 (2g) (c) 5. A firearms dealer to notify a transferor under sub. (2gm) in writing of the results of a firearms restrictions record search regarding a transferee who requests a firearms restrictions record search under sub. (2gm) (a) 1.

SB168, s. 5 Section 5. 175.35 (2gm) of the statutes is created to read:

SB168,3,15 175.35 (2gm) (a) A person other than a firearms dealer may not transfer a handgun to another person who is not a firearms dealer unless all of the following have occurred:

SB168,3,16 1. The transferee has done all of the following:

SB168,3,18 a. Provided identification to a firearms dealer as required by rule under sub. (2g) (a).

SB168,3,19 b. Completed a notification form described under sub. (2g) (b).

SB168,3,21 c. Provided the firearms dealer the name, address, and telephone number of the transferor from whom the transferee intends to obtain a handgun.

SB168,4,2 2. The transferor receives written notification from a firearms dealer that the dealer requested the department of justice to conduct a firearms restrictions record search regarding the transferee and either the department issued a unique approval number for the transferee under sub. (2g) (c) 4. b. or the department did not complete a firearms restrictions record search within the time period under sub. (2) (d) or (2g) (c) 4. c.

SB168,4,5 (b) If the transferee in a transaction to which par. (a) applies requests that a firearms dealer request a firearms restrictions record search regarding the transferee, the firearms dealer shall do all of the following:

SB168,4,7 1. Inspect identification provided by a transferee under par. (a) 1. a. as required by rule under sub. (2g) (a).

SB168,4,11 2. Promptly after receiving a completed notification form under par. (a) 1. b., convey the information from the completed notification form to the department of justice as required by rule under sub. (2g) (b) and request a firearms restrictions records search.

SB168,4,16 3. Promptly notify the transferor identified under par. (a) 1. c. in writing as provided by rule under sub. (2g) (c) 5. of an approval or denial issued by the department of justice under sub. (2g) (c) 4. or of the expiration of an applicable deadline for completing a firearms restrictions record search under sub. (2) (d) or (2g) (c) 4. c.

SB168,4,19 (c) The department of justice shall conduct a firearms restrictions record search requested by a firearms dealer under par. (b) 2. and notify the dealer of the results of the search as provided by rule under sub. (2g) (c) 4.

SB168,4,22 (d) A firearms dealer may charge a transferee the fee under sub. (2i) plus $5 for requesting the department of justice to conduct a firearms restrictions record search of the transferee under this subsection.

SB168, s. 6 Section 6. 175.35 (2i) of the statutes is amended to read:

SB168,5,4 175.35 (2i) 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) or (2gm) (b) 2. The firearms dealer may collect the fee from the transferee. The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection within 30 days after billing by the department.

SB168, s. 7 Section 7. 175.35 (2j) of the statutes is amended to read:

SB168,5,10 175.35 (2j) A firearms dealer shall maintain the original record of all completed notification forms and a record of all confirmation numbers and corresponding approval or nonapproval numbers that he or she receives regarding firearms restrictions record searches under sub. (2g) or (2gm). The firearms dealer shall mail the duplicate copy of each completed notification form to the department of justice.

SB168, s. 8 Section 8. 175.35 (2k) (ar) 2. of the statutes is amended to read:

SB168,5,19 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub. (2j) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under sub. (2g) or (2gm). 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.

SB168, s. 9 Section 9. 175.35 (2k) (b) 2. a. of the statutes is amended to read:

SB168,5,24 175.35 (2k) (b) 2. a. Except as provided in subd. 2. b., a log of dates of requests for firearms restrictions record searches under sub. (2g) or (2gm) together with confirmation numbers, unique approval and nonapproval numbers and firearms dealer identification numbers corresponding to those dates.

SB168, s. 10 Section 10. 175.35 (2k) (g) of the statutes is amended to read:

SB168,6,4 175.35 (2k) (g) If a search conducted under sub. (2g) or (2gm) 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.

SB168, s. 11 Section 11. 175.35 (2k) (h) of the statutes is amended to read:

SB168,6,11 175.35 (2k) (h) If a search conducted under sub. (2g) or (2gm) 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.

SB168, s. 12 Section 12. 175.35 (3) of the statutes is amended to read:

SB168,6,15 175.35 (3) Any person who intentionally violates sub. (2), (2e), (2f), (2gm) (a), or (2j) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB168, s. 13 Section 13. Effective date.

SB168,6,18 (1) This act takes effect on the first day of the 13th month beginning after publication.

SB168,6,19 (End)