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.
20.455 (2) (gr) of the statutes is amended to read:
Firearm purchaser record check
fee; checks for licenses
7or certifications to carry concealed weapons.
All moneys received as fee payments 8
under ss. 175.35 (2i) (a)
, 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. 9
a. and b. to provide services under ss. 175.35, 175.49, and 175.60.
175.33 of the statutes is created to read:
11175.33 Transfer of firearms. (1)
In this section:
(a) "Family member" means a spouse, parent, grandparent, sibling, child, or 13
grandchild. The relationship may be by blood, marriage, or adoption.
(b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
No person may sell or transfer ownership of a firearm, or purchase or obtain 3
ownership of a firearm, unless one of the following applies:
(a) The seller or transferor is a firearms dealer.
(b) The seller or transferor makes the sale or transfer to or through a firearms 6
dealer and obtains a receipt under s. 175.35 (2j) (b).
(c) The sale or transfer of ownership of the firearm is one of the transfers listed 8
under s. 175.35 (2t).
(d) The transferor is transferring ownership of the firearm to a family member 10
by gift, bequest, or inheritance, the transferee is not prohibited from possessing a 11
firearm under s. 941.29, and the transferee is at least 18 years of age.
(e) The transferor is transferring ownership of the firearm with the intent that 13
the transfer be temporary, neither the transferor nor the transferee is prohibited 14
from possessing a firearm under s. 941.29, and the purpose of the transfer is not 15
prohibited by law.
Any person who intentionally violates sub. (2) is guilty of a misdemeanor 17
and shall be fined not less than $500 nor more than $10,000 and may be imprisoned 18
for not more than 9 months. The person is also prohibited under s. 941.29 from 19
possessing a firearm for a period of 2 years.".
175.35 (title) of the statutes, as affected by 2015 Wisconsin Act 22
.... (this act), is amended to read:
(title) Purchase of handguns firearms.
175.35 (1) (at) of the statutes is amended to read:
(at) "Firearms restrictions record search" means a search of 3
department 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 5
restrictions record search" includes a criminal history record search, a search to 6
determine 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 8
system to determine whether a person has been ordered not to possess a firearm 9
under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search 10
to determine whether the person is subject to an injunction under s. 813.12 or 11
813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court 12
established by any federally recognized Wisconsin Indian tribe or band, except the 13
Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he 14
or she is subject to the requirements and penalties under s. 941.29 and that has been 15
filed with the circuit court under s. 806.247 (3), and a search to determine whether 16
the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 17
175.35 (1) (b) of the statutes is repealed.
175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) 20
and amended to read:
(am) When a firearms dealer sells or transfers
a handgun firearm
he or she may not transfer possession of that handgun
to any other person 23
until all of the following have occurred: requirements under par. (cm) have been met.
175.35 (2) (a), (b) and (c) of the statutes are renumbered 175.35 (2) 25
(cm) 1., 2. and 3.
175.35 (2) (bm) of the statutes is created to read:
(bm) When a person sells a firearm or transfers ownership of a 3
firearm through a firearms dealer, the person may not transfer possession of that 4
firearm to any person other than the firearms dealer, and the firearms dealer may 5
not transfer or authorize the transfer of possession of that firearm to any person, 6
until all of the requirements of par. (cm) have been met. This paragraph does not 7
apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms 8
175.35 (2) (cm) (intro.) of the statutes is created to read:
(cm) (intro.) All of the following must occur before a sale or transfer 11
of a firearm occurs under par. (am) or (bm):".
175.35 (2) (d) of the statutes, as affected by 2015 Wisconsin Act 14
.... (this act), is renumbered 175.35 (2) (cm) 4.
175.35 (2g) (a) of the statutes is amended to read:
(a) The department of justice shall promulgate rules prescribing 17
procedures for use under sub. (2) (cm) 1.
for a transferee to provide and a firearms 18
dealer to inspect identification containing a photograph of the transferee.
175.35 (2g) (b) of the statutes is amended to read:
(b) The department of justice shall promulgate rules prescribing 21
a notification form for use under sub. (2) (cm) 2.
requiring the transferee to provide 22
his or her name, date of birth, gender, race,
and social security number and other 23
identification necessary to permit an accurate firearms restrictions record search
under par. (c) 3. and the required notification under par. (c) 4. The department of 2
justice shall make the forms available at locations throughout the state.".
175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and 5
amended to read:
(a) The department shall charge a firearms dealer a $10 fee for each 7
firearms restrictions record search that the firearms dealer requests under sub. (2) 8(c) (cm) 3
The firearms dealer may collect the fee under par. (a)
from the transferee.
The department may refuse to conduct firearms restrictions record searches 11
for any firearms dealer who fails to pay any fee under this subsection par. (a)
30 days after billing by the department.
175.35 (2i) (b) 2. of the statutes is created to read:
(b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer 15
may collect from the transferor the fee under par. (a) and any additional amount to 16
cover any costs he or she incurs in processing the transfer.
175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
175.35 (2j) (b) of the statutes is created to read:
(b) If a person sells a firearm or transfers ownership of a firearm 20
through a firearms dealer under sub. (2) (bm), or sells a firearm or transfers 21
ownership of a firearm to a firearms dealer, the firearms dealer shall provide the 22
person a written receipt documenting the dealer's participation in the sale or 23