February 17, 2016 - Introduced by Senators Harris Dodd, C. Larson and
Carpenter, cosponsored by Representatives Barnes, Kremer, Bowen,
Sargent, Johnson, Ohnstad, Brostoff, Considine, Kessler, Sinicki, Zepnick,
Spreitzer and Subeck. Referred to Committee on Judiciary and Public Safety.
SB758,1,5 1An Act to renumber and amend 175.35 (2k) (g) and 175.35 (2k) (h); to amend
2175.35 (1) (at), 175.35 (2e), 175.35 (2g) (c) 4. a. and b. and 175.35 (2k) (ar) 2.; and
3to create 175.35 (2m) (a), (b) 1. and 2., (c), (d) and (e) of the statutes; relating
4to:
disclosure to law enforcement of attempted purchases of handguns by
5persons prohibited from possessing a firearm.
Analysis by the Legislative Reference Bureau
This bill requires the attorney general to notify law enforcement if, during a
background check that the Department of Justice must conduct on persons
purchasing a handgun from a licensed firearms dealer, DOJ determines that the
person who is attempting to purchase a handgun is prohibited from possessing a
firearm. Current law allows, but does not require, the attorney general to so notify
law enforcement. This bill specifies that the required notice must go to Wisconsin
law enforcement agencies, district attorneys, and federal attorneys and must
identify the prospective purchaser, the dealer, and the reason the prospective
purchaser is prohibited from possessing a firearm. Finally, this bill creates a
requirement that each Wisconsin law enforcement agency and district attorney that
receives such a notice must submit an annual report to DOJ detailing actions taken
or not taken and other pertinent information and that DOJ must compile into an
annual report the information DOJ receives from the agencies and district attorneys.

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:
SB758,1 1Section 1. 175.35 (1) (at) of the statutes is amended to read:
SB758,2,172 175.35 (1) (at) "Firearms restrictions record search" means a search of
3department of justice records to determine whether a person seeking to purchase a
4handgun is prohibited from possessing a firearm under s. 941.29 or under federal
5law
. "Firearms restrictions record search" includes a criminal history record search,
6a search to determine whether a person is prohibited from possessing a firearm
7under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal
8background check system to determine whether a person has been ordered not to
9possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12
10(10) (a), a search to determine whether the person is subject to an injunction under
11s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by
12a court established by any federally recognized Wisconsin Indian tribe or band,
13except the Menominee Indian tribe of Wisconsin, that includes notice to the
14respondent that he or she is subject to the requirements and penalties under s.
15941.29 and that has been filed with the circuit court under s. 806.247 (3), and a search
16to determine whether the person is prohibited from possessing a firearm under s.
17813.123 (5m) or 813.125 (4m).
SB758,2 18Section 2. 175.35 (2e) of the statutes is amended to read:
SB758,2,2119 175.35 (2e) When a transferee completes the notification form described in sub.
20(2g) (b) or any other form required under federal law, the transferee shall provide
21truthful information.
SB758,3
1Section 3. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:
SB758,3,62 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from
3possessing a firearm under s. 941.29, the department shall provide the firearms
4dealer with a unique nonapproval number. The department may not disclose to the
5firearms dealer the reason the transferee is prohibited from possessing a firearm
6under s. 941.29.
SB758,3,97 b. If the search indicates that the transferee is not prohibited from possessing
8a firearm under s. 941.29, the department shall provide the firearms dealer with a
9unique approval number.
SB758,4 10Section 4. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB758,3,1811 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) against
12the information recorded by the department regarding the corresponding request for
13a firearms restrictions record search under sub. (2g). If the department previously
14provided a unique approval number regarding the request and nothing in the
15completed notification form indicates that the transferee is prohibited from
16possessing a firearm under s. 941.29, the department shall destroy all records
17regarding that firearms restrictions record search within 30 days after receiving the
18notification form.
SB758,5 19Section 5. 175.35 (2k) (g) of the statutes is renumbered 175.35 (2m) (b) (intro.)
20and amended to read:
SB758,3,2421 175.35 (2m) (b) (intro.) If a search conducted under sub. (2g) indicates that the
22transferee is prohibited from possessing a firearm under s. 941.29, the attorney
23general or his or her designee may disclose to a law enforcement agency shall notify
24all of the following
that the transferee has attempted to obtain a handgun.:
SB758,6
1Section 6. 175.35 (2k) (h) of the statutes is renumbered 175.35 (2m) (f) and
2amended to read:
SB758,4,83 175.35 (2m) (f) If a search conducted under sub. (2g) indicates a felony charge
4without a recorded disposition and the attorney general or his or her designee has
5reasonable grounds to believe the transferee may pose a danger to himself, herself
6or another, the attorney general or his or her designee may disclose to a Wisconsin
7law enforcement agency that the transferee has obtained or has attempted to obtain
8a handgun.
SB758,7 9Section 7. 175.35 (2m) (a), (b) 1. and 2., (c), (d) and (e) of the statutes are
10created to read:
SB758,4,1211 175.35 (2m) (a) In this subsection, "Wisconsin law enforcement agency" has the
12meaning given in sub. (2k) (ag) 2.
SB758,4,1413 (b) 1. All Wisconsin law enforcement agencies, district attorneys, and federal
14attorneys with jurisdiction over the area where the attempted transfer occurred.
SB758,4,1615 2. All Wisconsin law enforcement agencies, district attorneys, and federal
16attorneys with jurisdiction over the area where the transferee resides.
SB758,4,2117 (c) The notice under par. (b) shall be within 24 hours after the department has
18provided the firearms dealer with the nonapproval number except that, if the
19attorney general determines that the notice would compromise an ongoing
20investigation, the notice may be delayed until it would no longer compromise the
21investigation. The notice shall include all of the following:
SB758,4,2222 1. The identity of the transferee.
SB758,4,2423 2. The identity of the firearms dealer who requested the firearms restrictions
24record search and the location at which the attempt to obtain a handgun was made.
SB758,5,2
13. The date and time that the department provided the firearms dealer with
2the nonapproval number.
SB758,5,33 4. The reason the transferee is prohibited from possessing a firearm.
SB758,5,74 (d) 1. A Wisconsin law enforcement agency that receives a notice under par. (b)
5shall annually provide a written report to the department of justice that includes the
6following information regarding each notice of a nonapproved attempt to obtain a
7handgun received in that year:
SB758,5,88 a. Whether the attempt is the subject of an open or completed investigation.
SB758,5,129 b. The status of any open investigation and the disposition of any completed
10investigation arising from the attempt, including whether the transferee was
11arrested, referred for prosecution, or convicted of a crime in connection with the
12attempt.
SB758,5,1413 c. If the attempt did not result in an investigation, an explanation for the lack
14of an investigation.
SB758,5,1615 d. Any other information that the Wisconsin law enforcement agency
16determines is relevant to the attempt.
SB758,5,2017 2. A district attorney that receives a notice under par. (b) shall annually provide
18a written report to the department of justice that includes the following information
19regarding each notice of a nonapproved attempt to obtain a handgun received in that
20year:
SB758,5,2121 a. Whether the attempt is the subject of an open or completed investigation.
SB758,5,2322 b. Whether the transferee has been arrested or charged following the attempt
23and the nature of the charge.
SB758,5,2524 c. If the transferee was charged, the disposition of each charge filed against the
25transferee in connection with the attempt.
SB758,6,2
1d. If the transferee was not charged, an explanation for why a charge was not
2filed.
SB758,6,43 e. Any other information that the district attorney determines is relevant to the
4attempt.
SB758,6,65 (e) The department of justice shall annually publish a written report that
6includes all of the following:
SB758,6,77 1. The number of nonapproval numbers issued that year.
SB758,6,98 2. The number of notifications made under par. (b), including a breakdown as
9to which entity under par. (b) received each notice.
SB758,6,1110 3. If the department did not issue a notice following the provision of a
11nonapproval number under sub. (2g) (c) 4. a., an explanation for the lack of notice.
SB758,6,1412 4. The number of investigations opened, the number of investigations
13concluded, and the number of referrals for prosecution, including a breakdown for
14each investigation and referral as to why the nonapproval number was issued.
SB758,6,1615 5. The number of charges issued and their disposition, including a breakdown
16for each charge as to why the nonapproval number was issued and the crime charged.
SB758,6,1717 (End)
Loading...
Loading...