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LRBa0364/1
CMH:kjf:kf
2015 - 2016 LEGISLATURE
SENATE AMENDMENT 5,
TO SENATE BILL 35
April 21, 2015 - Offered by Senators Harris Dodd, Miller, Hansen, L. Taylor,
Bewley, Risser and C. Larson.
SB35-SA5,1,11 At the locations indicated, amend the bill as follows:
SB35-SA5,1,3 21. Page 1, line 3: after "purchases" insert ", sales and transfers of firearms, and
3providing a criminal penalty".
SB35-SA5,1,4 42. Page 1, line 4: before that line insert:
SB35-SA5,1,5 5" Section 1g. 20.455 (2) (gr) of the statutes is amended to read:
SB35-SA5,1,96 20.455 (2) (gr) Handgun Firearm purchaser record check fee; checks for licenses
7or certifications to carry concealed weapons.
All moneys received as fee payments
8under ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4.
9a. and b. to provide services under ss. 175.35, 175.49, and 175.60.
SB35-SA5,1L 10Section 1L. 175.33 of the statutes is created to read:
SB35-SA5,1,11 11175.33 Transfer of firearms. (1) In this section:
SB35-SA5,1,1312 (a) "Family member" means a spouse, parent, grandparent, sibling, child, or
13grandchild. The relationship may be by blood, marriage, or adoption.
SB35-SA5,2,1
1(b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB35-SA5,2,3 2(2) No person may sell or transfer ownership of a firearm, or purchase or obtain
3ownership of a firearm, unless one of the following applies:
SB35-SA5,2,44 (a) The seller or transferor is a firearms dealer.
SB35-SA5,2,65 (b) The seller or transferor makes the sale or transfer to or through a firearms
6dealer and obtains a receipt under s. 175.35 (2j) (b).
SB35-SA5,2,87 (c) The sale or transfer of ownership of the firearm is one of the transfers listed
8under s. 175.35 (2t).
SB35-SA5,2,119 (d) The transferor is transferring ownership of the firearm to a family member
10by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
11firearm under s. 941.29, and the transferee is at least 18 years of age.
SB35-SA5,2,1512 (e) The transferor is transferring ownership of the firearm with the intent that
13the transfer be temporary, neither the transferor nor the transferee is prohibited
14from possessing a firearm under s. 941.29, and the purpose of the transfer is not
15prohibited by law.
SB35-SA5,2,19 16(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
17and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
18for not more than 9 months. The person is also prohibited under s. 941.29 from
19possessing a firearm for a period of 2 years.".
SB35-SA5,2,20 203. Page 1, line 5: after that line insert:
SB35-SA5,2,22 21" Section 1s. 175.35 (title) of the statutes, as affected by 2015 Wisconsin Act
22.... (this act), is amended to read:
SB35-SA5,2,23 23175.35 (title) Purchase of handguns firearms.".
SB35-SA5,2,24 244. Page 2, line 5: after that line insert:
SB35-SA5,3,1
1" Section 2c. 175.35 (1) (at) of the statutes is amended to read:
SB35-SA5,3,172 175.35 (1) (at) "Firearms restrictions record search" means a search of
3department of justice records to determine whether a person seeking to purchase a
4handgun firearm is prohibited from possessing a firearm under s. 941.29. "Firearms
5restrictions record search" includes a criminal history record search, a search to
6determine whether a person is prohibited from possessing a firearm under s. 51.20
7(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
8system to determine whether a person has been ordered not to possess a firearm
9under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
10to determine whether the person is subject to an injunction under s. 813.12 or
11813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
12established by any federally recognized Wisconsin Indian tribe or band, except the
13Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
14or she is subject to the requirements and penalties under s. 941.29 and that has been
15filed with the circuit court under s. 806.247 (3), and a search to determine whether
16the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125
17(4m).
SB35-SA5,2f 18Section 2f. 175.35 (1) (b) of the statutes is repealed.
SB35-SA5,2h 19Section 2h. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am)
20and amended to read:
SB35-SA5,3,2321 175.35 (2) (am) When a firearms dealer sells or transfers a handgun firearm,
22he or she may not transfer possession of that handgun firearm to any other person
23until all of the following have occurred: requirements under par. (cm) have been met.
SB35-SA5,2j 24Section 2j. 175.35 (2) (a), (b) and (c) of the statutes are renumbered 175.35 (2)
25(cm) 1., 2. and 3.
SB35-SA5,2L
1Section 2L. 175.35 (2) (bm) of the statutes is created to read:
SB35-SA5,4,82 175.35 (2) (bm) When a person sells a firearm or transfers ownership of a
3firearm through a firearms dealer, the person may not transfer possession of that
4firearm to any person other than the firearms dealer, and the firearms dealer may
5not transfer or authorize the transfer of possession of that firearm to any person,
6until all of the requirements of par. (cm) have been met. This paragraph does not
7apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms
8dealer.
SB35-SA5,2n 9Section 2n. 175.35 (2) (cm) (intro.) of the statutes is created to read:
SB35-SA5,4,1110 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer
11of a firearm occurs under par. (am) or (bm):".
SB35-SA5,4,12 125. Page 2, line 11: after that line insert:
SB35-SA5,4,14 13" Section 3b. 175.35 (2) (d) of the statutes, as affected by 2015 Wisconsin Act
14.... (this act), is renumbered 175.35 (2) (cm) 4.
SB35-SA5,3g 15Section 3g. 175.35 (2g) (a) of the statutes is amended to read:
SB35-SA5,4,1816 175.35 (2g) (a) The department of justice shall promulgate rules prescribing
17procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
18dealer to inspect identification containing a photograph of the transferee.
SB35-SA5,3r 19Section 3r. 175.35 (2g) (b) of the statutes is amended to read:
SB35-SA5,5,220 175.35 (2g) (b) The department of justice shall promulgate rules prescribing
21a notification form for use under sub. (2) (cm) 2. requiring the transferee to provide
22his or her name, date of birth, gender, race, and social security number and other
23identification necessary to permit an accurate firearms restrictions record search

1under par. (c) 3. and the required notification under par. (c) 4. The department of
2justice shall make the forms available at locations throughout the state.".
SB35-SA5,5,3 36. Page 2, line 19: after that line insert:
SB35-SA5,5,5 4" Section 4b. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
5amended to read:
SB35-SA5,5,86 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each
7firearms restrictions record search that the firearms dealer requests under sub. (2)
8(c) (cm) 3.
SB35-SA5,5,9 9(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
SB35-SA5,5,12 10(c) The department may refuse to conduct firearms restrictions record searches
11for any firearms dealer who fails to pay any fee under this subsection par. (a) within
1230 days after billing by the department.
SB35-SA5,4c 13Section 4c. 175.35 (2i) (b) 2. of the statutes is created to read:
SB35-SA5,5,1614 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
15may collect from the transferor the fee under par. (a) and any additional amount to
16cover any costs he or she incurs in processing the transfer.
SB35-SA5,4e 17Section 4e. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
SB35-SA5,4f 18Section 4f. 175.35 (2j) (b) of the statutes is created to read:
SB35-SA5,5,2319 175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm
20through a firearms dealer under sub. (2) (bm), or sells a firearm or transfers
21ownership of a firearm to a firearms dealer, the firearms dealer shall provide the
22person a written receipt documenting the dealer's participation in the sale or
23transfer.
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