SB295: Bill Text

LRB-3003/1

CMH:wlj&eev:rs

2013 - 2014 LEGISLATURE

2013 Senate BILL 295

September 10, 2013 - Introduced by Senator Grothman, cosponsored by Representative J. Ott. Referred to Committee on Judiciary and Labor.

SB295,1,4 An Act to amend 175.35 (2g) (c) 1., 175.35 (2g) (c) 4. (intro.), 175.35 (2j) and 175.35 (2k) (ar) 2. of the statutes; relating to: conveyance of information from a firearms dealer to the Department of Justice to request a firearms restrictions record search before transferring a handgun.

Analysis by the Legislative Reference Bureau

Under current law, a firearms dealer must request the Department of Justice (DOJ) to perform a firearms restrictions record search on a person seeking to purchase a handgun before the dealer may complete the sale. DOJ must promulgate rules for firearms restrictions record searches including a procedure that permits a firearms dealer to use a toll-free telephone number to convey to DOJ the information the purchaser provides on a form such as his or her name, date of birth, and other identification information that permits DOJ to perform an accurate firearms restrictions record search. The dealer must mail a duplicate copy of the form to DOJ so that, if DOJ found nothing in the original search that indicated the person was prohibited from possessing a firearm, DOJ may check the information on the duplicate form against the information DOJ recorded from the telephone call to ensure that nothing on the duplicate form indicates the purchaser is prohibited from possessing a firearm.

Under this bill, the rules DOJ promulgates may allow an alternative means, in addition to the toll-free number provided by DOJ, for a firearms dealer to convey to DOJ the information necessary for a firearms restrictions record search. If the dealer uses the alternative means, the dealer must transmit the notification form to DOJ using a means DOJ provides. This bill also requires DOJ to check the information transmitted against the information DOJ used to conduct the firearms restrictions record search to ensure that nothing in the transmitted information indicates that the purchaser is prohibited from possessing a firearm.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB295,1 Section 1. 175.35 (2g) (c) 1. of the statutes is amended to read:

SB295,2,4 175.35 (2g) (c) 1. A firearms dealer to convey the information from a completed notification form to the department using either a toll-free telephone number provided by the department or an alternative means the department provides.

SB295,2 Section 2. 175.35 (2g) (c) 4. (intro.) of the statutes is amended to read:

SB295,2,9 175.35 (2g) (c) 4. (intro.) The department to notify the dealer, either during the initial telephone call or as soon thereafter after receiving the information under subd. 1. as practicable, of the results of the firearms restrictions record search as follows:

SB295,3 Section 3. 175.35 (2j) of the statutes is amended to read:

SB295,2,20 175.35 (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). The If, under sub. (2g) (c) 1., the firearms dealer conveys the information from the notification form using the toll-free telephone number, the firearms dealer shall mail the duplicate copy of each completed notification form to the department of justice. If, under sub. (2g) (c) 1., the firearms dealer conveys the information from the notification form using the alternative means, the firearms dealer shall transmit, using a means the department approves, each completed notification form to the department of justice.

SB295,4 Section 4. 175.35 (2k) (ar) 2. of the statutes is amended to read:

SB295,3,9 175.35 (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). 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 notification form.

SB295,3,10 (End)