LRB-0315/1
CMH:amn
2017 - 2018 LEGISLATURE
July 13, 2017 - Introduced by Senators L. Taylor and Miller, cosponsored by
Representatives Young, Crowley, Anderson, Berceau, Brostoff, Kessler,
Sargent, C. Taylor, Zamarripa, Subeck and Zepnick. Referred to Committee
on Judiciary and Public Safety.
SB349,1,4 1An Act to amend 175.35 (1) (at) and 175.60 (9g) (a) 2.; and to create 165.63 (2)
2(c), 165.8286 and 941.29 (1m) (h) of the statutes; relating to: prohibiting
3persons on the federal no fly list from possessing a firearm and providing a
4criminal penalty.
Analysis by the Legislative Reference Bureau
Under this bill, a person who is on the federal “no fly" list is prohibited from
possessing a firearm and is guilty of a Class G felony for violating the prohibition.
This bill requires the Department of Justice to maintain an updated list of such
persons and to check the list when conducting background checks related to handgun
purchases or licenses to carry a concealed weapon.
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:
SB349,1 5Section 1. 165.63 (2) (c) of the statutes is created to read:
SB349,1,76 165.63 (2) (c) Individuals prohibited from possessing a firearm because they
7are on the list maintained by the department of justice under s. 165.8286.
SB349,2
1Section 2. 165.8286 of the statutes is created to read:
SB349,2,8 2165.8286 Identification of persons on the federal no fly list. The
3department of justice shall maintain an updated list that is identical to the list that
4the federal bureau of investigation maintains of people who are not permitted to
5board a commercial aircraft. The department of justice shall include a search of its
6list to respond to a request under s. 165.63, as part of a firearms restrictions record
7search under s. 175.35 (2g) (c), or as part of a background check under s. 175.60 (9g)
8(a).
SB349,3 9Section 3. 175.35 (1) (at) of the statutes is amended to read:
SB349,3,210 175.35 (1) (at) “Firearms restrictions record search" means a search of
11department of justice records to determine whether a person seeking to purchase a
12handgun is prohibited from possessing a firearm under s. 941.29. “Firearms
13restrictions record search" includes a criminal history record search, a search to
14determine whether a person is prohibited from possessing a firearm because he or
15she is on the list maintained by the department of justice under s. 165.8286,
a search
16to determine whether a person is prohibited from possessing a firearm under s. 51.20
17(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
18system to determine whether a person has been ordered not to possess a firearm
19under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
20to determine whether the person is subject to an injunction under s. 813.12 or
21813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
22established by any federally recognized Wisconsin Indian tribe or band, except the
23Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
24or she is subject to the requirements and penalties under s. 941.29 and that has been
25filed with the circuit court under s. 813.128 (3g), and a search to determine whether

1the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125
2(4m).
SB349,4 3Section 4. 175.60 (9g) (a) 2. of the statutes is amended to read:
SB349,3,224 175.60 (9g) (a) 2. The department shall conduct a criminal history record
5search and shall search its records and conduct a search in the national instant
6criminal background check system to determine whether the applicant is prohibited
7from possessing a firearm under federal law; whether the applicant is prohibited
8from possessing a firearm under s. 941.29; whether the applicant is prohibited from
9possessing a firearm because he or she is on the list maintained by the department
10of justice under s. 165.8286;
whether the applicant is prohibited from possessing a
11firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been
12ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3)
13(f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s.
14813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a
15court established by any federally recognized Wisconsin Indian tribe or band, except
16the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that
17he or she is subject to the requirements and penalties under s. 941.29 and that has
18been filed with the circuit court under s. 813.128 (3g); and whether the applicant is
19prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m); and to
20determine if the court has prohibited the applicant from possessing a dangerous
21weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from
22possessing a dangerous weapon as a condition of release under s. 969.01.
SB349,5 23Section 5. 941.29 (1m) (h) of the statutes is created to read:
SB349,4,2
1941.29 (1m) (h) The person is currently on the list maintained by the
2department of justice under s. 165.8286.
SB349,4,33 (End)
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