April 3, 2013 - Introduced by Senators Harris, Lehman, Risser, Carpenter,
Hansen, Miller, Shilling and L. Taylor, cosponsored by Representatives
Richards, Berceau, Barnes, Goyke, Johnson, Bernard Schaber, Billings,
Clark, Genrich, Hebl, Hesselbein, Hulsey, Kahl, Kessler, Kolste,
Ohnstad, Pasch, Pope, Riemer, Ringhand, Sargent, Sinicki, C. Taylor,
Wright, Young, Zamarripa and Zepnick. Referred to Committee on
Transportation, Public Safety, and Veterans and Military Affairs.
SB124,1,11 1An Act to repeal 175.35 (1) (b); to renumber 175.35 (2) (a), (b), (c) and (d) and
2175.35 (2j); to renumber and amend 175.35 (2) (intro.) and 175.35 (2i); to
3amend
20.455 (2) (gr), 175.35 (title), 175.35 (1) (at), 175.35 (2g) (a), 175.35 (2g)
4(b), 175.35 (2g) (c) 4. c., 175.35 (2k) (ar) 2., 175.35 (2k) (c) 2. a., 175.35 (2k) (c)
52. b., 175.35 (2k) (g), 175.35 (2k) (h), 175.35 (2L), 175.35 (2t) (a), (b) and (c),
6175.60 (7) (d), 175.60 (15) (b) 4. b., 938.208 (1) (b), 938.34 (4m) (b) 2., 938.341,
7941.237 (1) (d), 941.296 (1) (b), 968.20 (3) (b), 971.17 (1g) and 973.176 (1); and
8to create 175.33, 175.35 (2) (bm), 175.35 (2) (cm) (intro.), 175.35 (2i) (b) 2.,
9175.35 (2j) (b), 941.29 (1) (dm), 941.29 (1) (dn), 941.29 (1) (do), 941.29 (2) (dm),
10941.29 (2) (dn) and 941.29 (2) (do) of the statutes; relating to: sales and
11transfers of firearms and providing a penalty.
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 generally prohibits a person from selling
or transferring a firearm unless the sale or transfer occurs through a federally

licensed firearms dealer and involves a background check of the prospective
transferee. Under this bill, the following are excepted from that prohibition: a sale
or transfer to a firearms dealer, a sale or transfer for which the waiting period for the
purchase of a handgun under current law does not apply, a transfer that is by gift,
bequest, or inheritance to a family member, or a transfer that is intended to be
temporary and that has a purpose that is not illegal. A person who is convicted of
violating the prohibition is guilty of a misdemeanor and must be fined not less than
$500 nor more than $10,000, may be imprisoned for not more than nine months, and
may not possess a firearm for a period of two years.
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:
SB124,1 1Section 1. 20.455 (2) (gr) of the statutes is amended to read:
SB124,2,32 20.455 (2) (gr) Handgun Firearm purchaser record check fee. All moneys
3received as fee payments under s. 175.35 (2i) (a) to provide services under s. 175.35.
SB124,2 4Section 2. 175.33 of the statutes is created to read:
SB124,2,5 5175.33 Transfer of firearms. (1) In this section:
SB124,2,76 (a) "Family member" means a spouse, parent, grandparent, sibling, child, or
7grandchild. The relationship may be by blood, marriage, or adoption.
SB124,2,88 (b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB124,2,10 9(2) No person may sell or transfer ownership of a firearm, or purchase or obtain
10ownership of a firearm, unless one of the following applies:
SB124,2,1111 (a) The seller or transferor is a firearms dealer.
SB124,2,1312 (b) The seller or transferor makes the sale or transfer to or through a firearms
13dealer and obtains a receipt under s. 175.35 (2j) (b).
SB124,2,1514 (c) The sale or transfer of ownership of the firearm is one of the transfers listed
15under s. 175.35 (2t).
SB124,3,3
1(d) The transferor is transferring ownership of the firearm to a family member
2by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
3firearm under s. 941.29, and the transferee is at least 18 years of age.
SB124,3,74 (e) The transferor is transferring ownership of the firearm with the intent that
5the transfer be temporary, neither the transferor nor the transferee is prohibited
6from possessing a firearm under s. 941.29, and the purpose of the transfer is not
7prohibited by law.
SB124,3,11 8(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
9and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
10for not more than 9 months. The person is also prohibited under s. 941.29 from
11possessing a firearm for a period of 2 years.
SB124,3 12Section 3. 175.35 (title) of the statutes is amended to read:
SB124,3,13 13175.35 (title) Waiting period for purchase of handguns firearms.
SB124,4 14Section 4. 175.35 (1) (at) of the statutes is amended to read:
SB124,4,415 175.35 (1) (at) "Firearms restrictions record search" means a search of
16department of justice records to determine whether a person seeking to purchase a
17handgun firearm is prohibited from possessing a firearm under s. 941.29. "Firearms
18restriction record search" includes a criminal history record search, a search to
19determine whether a person is prohibited from possessing a firearm under s. 51.20
20(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
21system to determine whether a person has been ordered not to possess a firearm
22under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
23to determine whether the person is subject to an injunction under s. 813.12 or
24813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
25established by any federally recognized Wisconsin Indian tribe or band, except the

1Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
2or she is subject to the requirements and penalties under s. 941.29 and that has been
3filed with the circuit court under s. 806.247 (3), and a search to determine whether
4the person is prohibited from possessing a firearm under s. 813.125 (4m).
SB124,5 5Section 5. 175.35 (1) (b) of the statutes is repealed.
SB124,6 6Section 6. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
7amended to read:
SB124,4,108 175.35 (2) (am) When a firearms dealer sells or transfers a handgun firearm,
9he or she may not transfer possession of that handgun firearm to any other person
10until all of the following have occurred: requirements under par. (cm) have been met.
SB124,7 11Section 7. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
12(2) (cm) 1., 2., 3. and 4.
SB124,8 13Section 8. 175.35 (2) (bm) of the statutes is created to read:
SB124,4,2014 175.35 (2) (bm) When a person sells a firearm or transfers ownership of a
15firearm through a firearms dealer, the person may not transfer possession of that
16firearm to any person other than the firearms dealer, and the firearms dealer may
17not transfer or authorize the transfer of possession of that firearm to any person,
18until all of the requirements of par. (cm) have been met. This paragraph does not
19apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms
20dealer.
SB124,9 21Section 9. 175.35 (2) (cm) (intro.) of the statutes is created to read:
SB124,4,2322 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer
23of a firearm occurs under par. (am) or (bm):
SB124,10 24Section 10. 175.35 (2g) (a) of the statutes is amended to read:
SB124,5,3
1175.35 (2g) (a) The department of justice shall promulgate rules prescribing
2procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
3dealer to inspect identification containing a photograph of the transferee.
SB124,11 4Section 11. 175.35 (2g) (b) of the statutes is amended to read:
SB124,5,105 175.35 (2g) (b) The department of justice shall promulgate rules prescribing
6a notification form for use under sub. (2) (cm) 2. requiring the transferee to provide
7his or her name, date of birth, gender, race and social security number, and other
8identification necessary to permit an accurate firearms restrictions record search
9under par. (c) 3. and the required notification under par. (c) 4. The department of
10justice shall make the forms available at locations throughout the state.
SB124,12 11Section 12. 175.35 (2g) (c) 4. c. of the statutes is amended to read:
SB124,5,1812 175.35 (2g) (c) 4. c. If the search indicates a felony charge without a recorded
13disposition, the deadline under sub. (2) (d) (cm) 4. is extended to the end of the 3rd
14complete working day commencing after the day on which the finding is made. The
15department shall notify the firearms dealer of the extension as soon as practicable.
16During the extended period, the department shall make every reasonable effort to
17determine the disposition of the charge and notify the firearms dealer of the results
18as soon as practicable.
SB124,13 19Section 13. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
20amended to read:
SB124,5,2321 175.35 (2i) (a) The department shall charge a firearms dealer a $13 fee for each
22firearms restrictions record search that the firearms dealer requests under sub. (2)
23(c) (cm) 3.
SB124,5,24 24(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
SB124,6,3
1(c) The department may refuse to conduct firearms restrictions record searches
2for any firearms dealer who fails to pay any fee under this subsection par. (a) within
330 days after billing by the department.
SB124,14 4Section 14. 175.35 (2i) (b) 2. of the statutes is created to read:
SB124,6,75 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
6may collect from the transferor the fee under par. (a) and any additional amount to
7cover any costs he or she incurs in processing the transfer.
SB124,15 8Section 15. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
SB124,16 9Section 16. 175.35 (2j) (b) of the statutes is created to read:
SB124,6,1410 175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm
11through a firearms dealer under sub. (2) (bm), or sells a firearm or transfers
12ownership of a firearm to a firearms dealer, the firearms dealer shall provide the
13person a written receipt documenting the dealer's participation in the sale or
14transfer.
SB124,17 15Section 17. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB124,6,2316 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub.
17(2j) (a) against the information recorded by the department regarding the
18corresponding request for a firearms restrictions record search under sub. (2g). If the
19department previously provided a unique approval number regarding the request
20and nothing in the duplicate completed notification form indicates that the
21transferee is prohibited from possessing a firearm under s. 941.29, the department
22shall destroy all records regarding that firearms restrictions record search within 30
23days after receiving the duplicate form.
SB124,18 24Section 18. 175.35 (2k) (c) 2. a. of the statutes is amended to read:
SB124,7,3
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.
SB124,19 4Section 19. 175.35 (2k) (c) 2. b. of the statutes is amended to read:
SB124,7,85 175.35 (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.
SB124,20 9Section 20. 175.35 (2k) (g) of the statutes is amended to read:
SB124,7,1310 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 shall disclose to a law enforcement agency that
13the transferee has attempted to obtain a handgun firearm.
SB124,21 14Section 21. 175.35 (2k) (h) of the statutes is amended to read:
SB124,7,2015 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge
16without a recorded disposition and the attorney general or his or her designee has
17reasonable grounds to believe the transferee may pose a danger to himself, herself
18or another, the attorney general or his or her designee may disclose to a law
19enforcement agency that the transferee has obtained or has attempted to obtain a
20handgun firearm.
SB124,22 21Section 22. 175.35 (2L) of the statutes is amended to read:
SB124,8,222 175.35 (2L) The department of justice shall promulgate rules providing for the
23review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
24to purchase a handgun firearm because the firearms dealer received a nonapproval
25number under sub. (2g) (c) 4. a. may request a firearms restrictions record search

1review under those rules. If the person disagrees with the results of that review, the
2person may file an appeal under rules promulgated by the department.
SB124,23 3Section 23. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
SB124,8,54 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by
5regulations of the U.S. department of the treasury.
SB124,8,76 (b) Transfers of any handgun firearm between firearms dealers or between
7wholesalers and dealers.
SB124,8,98 (c) Transfers of any handgun firearm to law enforcement or armed services
9agencies.
SB124,24 10Section 24. 175.60 (7) (d) of the statutes is amended to read:
SB124,8,1211 175.60 (7) (d) A fee for a background check that is equal to the fee charged under
12s. 175.35 (2i) (a).
SB124,25 13Section 25. 175.60 (15) (b) 4. b. of the statutes is amended to read:
SB124,8,1514 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged
15under s. 175.35 (2i) (a).
SB124,26 16Section 26. 938.208 (1) (b) of the statutes is amended to read:
SB124,8,2117 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed,
18used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d),
19short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
20defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
21under ch. 940 if committed by an adult.
SB124,27 22Section 27. 938.34 (4m) (b) 2. of the statutes is amended to read:
SB124,9,223 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a
24handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
25defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),

1while committing a delinquent act that would be a felony under ch. 940 if committed
2by an adult.
SB124,28 3Section 28. 938.341 of the statutes is amended to read:
SB124,9,7 4938.341 Delinquency adjudication; restriction on firearm possession.
5Whenever a court adjudicates a juvenile delinquent for an act that if committed by
6an adult in this state would be a felony or for a violation of s. 175.33 (3), the court shall
7inform the juvenile of the requirements and penalties under s. 941.29.
SB124,29 8Section 29. 941.237 (1) (d) of the statutes is amended to read:
SB124,9,129 941.237 (1) (d) "Handgun" has the meaning given in s. 175.35 (1) (b) means any
10weapon designed or redesigned, or made or remade, and intended to be fired while
11held in one hand and to use the energy of an explosive to expel a projectile through
12a smooth or rifled bore
.
SB124,30 13Section 30. 941.29 (1) (dm) of the statutes is created to read:
SB124,9,1414 941.29 (1) (dm) Convicted of a misdemeanor under s. 175.33 (3).
SB124,31 15Section 31. 941.29 (1) (dn) of the statutes is created to read:
SB124,9,1616 941.29 (1) (dn) Adjudicated delinquent for a violation under s. 175.33 (3).
SB124,32 17Section 32. 941.29 (1) (do) of the statutes is created to read:
SB124,9,1918 941.29 (1) (do) Found not guilty of a misdemeanor under s. 175.33 (3) by reason
19of mental disease or defect.
SB124,33 20Section 33. 941.29 (2) (dm) of the statutes is created to read:
SB124,9,2221 941.29 (2) (dm) The person possesses a firearm subsequent to the conviction,
22as specified under sub. (1) (dm), unless 2 years have passed since the conviction.
SB124,34 23Section 34. 941.29 (2) (dn) of the statutes is created to read:
SB124,9,2524 941.29 (2) (dn) The person possesses a firearm subsequent to the adjudication,
25as specified under sub. (1) (dn), unless 2 years have passed since the adjudication.
SB124,35
1Section 35. 941.29 (2) (do) of the statutes is created to read:
SB124,10,42 941.29 (2) (do) The person possesses a firearm subsequent to the finding of not
3guilty or not responsible by reason of mental disease or defect as specified in sub. (1)
4(do), unless 2 years have passed since the finding.
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