March 3, 2016 - Introduced by Senators L. Taylor and Risser, cosponsored by
Representatives Berceau, Kessler and Sinicki. Referred to Committee on
Judiciary and Public Safety.
SB776,1,11 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.
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 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:
SB776,1 1Section 1. 20.455 (2) (gr) of the statutes is amended to read:
SB776,2,52 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or
3certifications to carry concealed weapons.
All moneys received as fee payments under
4ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and
5b. to provide services under ss. 175.35, 175.49, and 175.60.
SB776,2 6Section 2. 175.33 of the statutes is created to read:
SB776,2,7 7175.33 Transfer of firearms. (1) In this section:
SB776,2,98 (a) "Family member" means a spouse, parent, grandparent, sibling, child, or
9grandchild. The relationship may be by blood, marriage, or adoption.
SB776,2,1010 (b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB776,2,12 11(2) No person may sell or transfer ownership of a firearm, or purchase or obtain
12ownership of a firearm, unless one of the following applies:
SB776,2,1313 (a) The seller or transferor is a firearms dealer.
SB776,3,2
1(b) The seller or transferor makes the sale or transfer to or through a firearms
2dealer and obtains a receipt under s. 175.35 (2j) (b).
SB776,3,43 (c) The sale or transfer of ownership of the firearm is one of the transfers listed
4under s. 175.35 (2t).
SB776,3,75 (d) The transferor is transferring ownership of the firearm to a family member
6by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
7firearm under s. 941.29, and the transferee is at least 18 years of age.
SB776,3,118 (e) The transferor is transferring ownership of the firearm with the intent that
9the transfer be temporary, neither the transferor nor the transferee is prohibited
10from possessing a firearm under s. 941.29, and the purpose of the transfer is not
11prohibited by law.
SB776,3,15 12(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
13and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
14for not more than 9 months. The person is also prohibited under s. 941.29 from
15possessing a firearm for a period of 2 years.
SB776,3 16Section 3. 175.35 (title) of the statutes is amended to read:
SB776,3,17 17175.35 (title) Waiting period for purchase of handguns firearms.
SB776,4 18Section 4. 175.35 (1) (at) of the statutes is amended to read:
SB776,4,919 175.35 (1) (at) "Firearms restrictions record search" means a search of
20department of justice records to determine whether a person seeking to purchase a
21handgun firearm is prohibited from possessing a firearm under s. 941.29. "Firearms
22restrictions record search" includes a criminal history record search, a search to
23determine whether a person is prohibited from possessing a firearm under s. 51.20
24(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
25system to determine whether a person has been ordered not to possess a firearm

1under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
2to determine whether the person is subject to an injunction under s. 813.12 or
3813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
4established by any federally recognized Wisconsin Indian tribe or band, except the
5Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
6or she is subject to the requirements and penalties under s. 941.29 and that has been
7filed with the circuit court under s. 806.247 (3), and a search to determine whether
8the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125
9(4m).
SB776,5 10Section 5. 175.35 (1) (b) of the statutes is repealed.
SB776,6 11Section 6. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
12amended to read:
SB776,4,1513 175.35 (2) (am) When a firearms dealer sells or transfers a handgun firearm,
14he or she may not transfer possession of that handgun firearm to any other person
15until all of the following have occurred: requirements under par. (cm) have been met.
SB776,7 16Section 7. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
17(2) (cm) 1., 2., 3. and 4.
SB776,8 18Section 8. 175.35 (2) (bm) of the statutes is created to read:
SB776,4,2519 175.35 (2) (bm) When a person sells a firearm or transfers ownership of a
20firearm through a firearms dealer, the person may not transfer possession of that
21firearm to any person other than the firearms dealer, and the firearms dealer may
22not transfer or authorize the transfer of possession of that firearm to any person,
23until all of the requirements of par. (cm) have been met. This paragraph does not
24apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms
25dealer.
SB776,9
1Section 9. 175.35 (2) (cm) (intro.) of the statutes is created to read:
SB776,5,32 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer
3of a firearm occurs under par. (am) or (bm):
SB776,10 4Section 10. 175.35 (2g) (a) of the statutes is amended to read:
SB776,5,75 175.35 (2g) (a) The department of justice shall promulgate rules prescribing
6procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
7dealer to inspect identification containing a photograph of the transferee.
SB776,11 8Section 11. 175.35 (2g) (b) of the statutes is amended to read:
SB776,5,149 175.35 (2g) (b) The department of justice shall promulgate rules prescribing
10a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to
11provide his or her name, date of birth, gender, race and social security number, and
12other identification necessary to permit an accurate firearms restrictions record
13search under par. (c) 3. and the required notification under par. (c) 4. The department
14of justice shall make the forms available at locations throughout the state.
SB776,12 15Section 12. 175.35 (2g) (c) 4. c. of the statutes is amended to read:
SB776,5,2216 175.35 (2g) (c) 4. c. If the search indicates a felony charge without a recorded
17disposition, the deadline under sub. (2) (d) (cm) 4. is extended to the end of the 3rd
18complete working day commencing after the day on which the finding is made. The
19department shall notify the firearms dealer of the extension as soon as practicable.
20During the extended period, the department shall make every reasonable effort to
21determine the disposition of the charge and notify the firearms dealer of the results
22as soon as practicable.
SB776,13 23Section 13. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
24amended to read:
SB776,6,3
1175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each
2firearms restrictions record search that the firearms dealer requests under sub. (2)
3(c) (cm) 3.
SB776,6,4 4(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
SB776,6,7 5(c) The department may refuse to conduct firearms restrictions record searches
6for any firearms dealer who fails to pay any fee under this subsection par. (a) within
730 days after billing by the department.
SB776,14 8Section 14. 175.35 (2i) (b) 2. of the statutes is created to read:
SB776,6,119 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
10may collect from the transferor the fee under par. (a) and any additional amount to
11cover any costs he or she incurs in processing the transfer.
SB776,15 12Section 15. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
SB776,16 13Section 16. 175.35 (2j) (b) of the statutes is created to read:
SB776,6,1814 175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm
15through a firearms dealer under sub. (2) (bm), or sells a firearm or transfers
16ownership of a firearm to a firearms dealer, the firearms dealer shall provide the
17person a written receipt documenting the dealer's participation in the sale or
18transfer.
SB776,17 19Section 17. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB776,7,220 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a)
21against the information recorded by the department regarding the corresponding
22request for a firearms restrictions record search under sub. (2g). If the department
23previously provided a unique approval number regarding the request and nothing
24in the completed notification form indicates that the transferee is prohibited from
25possessing a firearm under s. 941.29, the department shall destroy all records

1regarding that firearms restrictions record search within 30 days after receiving the
2notification form.
SB776,18 3Section 18. 175.35 (2k) (c) 2. a. of the statutes is amended to read:
SB776,7,64 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
5is conducting an investigation of a crime in which a handgun firearm was used or was
6attempted to be used or was unlawfully possessed.
SB776,19 7Section 19. 175.35 (2k) (c) 2. b. of the statutes is amended to read:
SB776,7,118 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority
9within the Wisconsin law enforcement agency that he or she has a reasonable
10suspicion that the person who is the subject of the information request has obtained
11or is attempting to obtain a handgun firearm.
SB776,20 12Section 20. 175.35 (2k) (g) of the statutes is amended to read:
SB776,7,1613 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the
14transferee is prohibited from possessing a firearm under s. 941.29, the attorney
15general or his or her designee may shall disclose to a law enforcement agency that
16the transferee has attempted to obtain a handgun firearm.
SB776,21 17Section 21. 175.35 (2k) (h) of the statutes is amended to read:
SB776,7,2318 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge
19without a recorded disposition and the attorney general or his or her designee has
20reasonable grounds to believe the transferee may pose a danger to himself, herself
21or another, the attorney general or his or her designee may disclose to a law
22enforcement agency that the transferee has obtained or has attempted to obtain a
23handgun firearm.
SB776,22 24Section 22. 175.35 (2L) of the statutes is amended to read:
SB776,8,6
1175.35 (2L) The department of justice shall promulgate rules providing for the
2review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
3to purchase a handgun firearm because the firearms dealer received a nonapproval
4number under sub. (2g) (c) 4. a. may request a firearms restrictions record search
5review under those rules. If the person disagrees with the results of that review, the
6person may file an appeal under rules promulgated by the department.
SB776,23 7Section 23. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
SB776,8,98 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by
9regulations of the U.S. department of the treasury.
SB776,8,1110 (b) Transfers of any handgun firearm between firearms dealers or between
11wholesalers and dealers.
SB776,8,1312 (c) Transfers of any handgun firearm to law enforcement or armed services
13agencies.
SB776,24 14Section 24. 175.60 (7) (d) of the statutes is amended to read:
SB776,8,1615 175.60 (7) (d) A fee for a background check that is equal to the fee charged under
16s. 175.35 (2i) (a).
SB776,25 17Section 25. 175.60 (15) (b) 4. b. of the statutes is amended to read:
SB776,8,1918 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged
19under s. 175.35 (2i) (a).
SB776,26 20Section 26. 938.208 (1) (b) of the statutes is amended to read:
SB776,8,2521 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed,
22used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d),
23short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
24defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
25under ch. 940 if committed by an adult.
SB776,27
1Section 27. 938.34 (4m) (b) 2. of the statutes is amended to read:
SB776,9,62 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a
3handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
4defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
5while committing a delinquent act that would be a felony under ch. 940 if committed
6by an adult.
SB776,28 7Section 28. 938.341 of the statutes is amended to read:
SB776,9,11 8938.341 Delinquency adjudication; restriction on firearm possession.
9Whenever a court adjudicates a juvenile delinquent for an act that if committed by
10an adult in this state would be a felony or for a violation under s. 175.33 (3), the court
11shall inform the juvenile of the requirements and penalties under s. 941.29.
SB776,29 12Section 29. 941.237 (1) (d) of the statutes is amended to read:
SB776,9,1613 941.237 (1) (d) "Handgun" has the meaning given in s. 175.35 (1) (b) means any
14weapon designed or redesigned, or made or remade, and intended to be fired while
15held in one hand and to use the energy of an explosive to expel a projectile through
16a smooth or rifled bore
.
SB776,30 17Section 30. 941.29 (1) (dm) of the statutes is created to read:
SB776,9,1818 941.29 (1) (dm) Convicted of a misdemeanor under s. 175.33 (3).
SB776,31 19Section 31. 941.29 (1) (dn) of the statutes is created to read:
SB776,9,2020 941.29 (1) (dn) Adjudicated delinquent for a violation under s. 175.33 (3).
SB776,32 21Section 32. 941.29 (1) (do) of the statutes is created to read:
SB776,9,2322 941.29 (1) (do) Found not guilty of a misdemeanor under s. 175.33 (3) by reason
23of mental disease or defect.
SB776,33 24Section 33. 941.29 (2) (dm) of the statutes is created to read:
SB776,10,2
1941.29 (2) (dm) The person possesses a firearm subsequent to the conviction,
2as specified under sub. (1) (dm), unless 2 years have passed since the conviction.
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