This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRBa2253/1
CMH:ahe&wlj
2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 65
February 20, 2018 - Offered by Representative Spreitzer.
AB65-ASA1-AA1,1,11 At the locations indicated, amend the substitute amendment as follows:
AB65-ASA1-AA1,1,3 21. Page 1, line 1: delete the material beginning with that line and ending with
3(End)" and substitute:
AB65-ASA1-AA1,1,4 4 Section 1. 20.455 (2) (gr) of the statutes is amended to read:
AB65-ASA1-AA1,1,85 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or
6certifications to carry concealed weapons.
All moneys received as fee payments under
7ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and
8b. to provide services under ss. 175.35, 175.49, and 175.60.
AB65-ASA1-AA1,2 9Section 2 . 175.33 of the statutes is created to read:
AB65-ASA1-AA1,1,10 10175.33 Transfer of firearms. (1) In this section:
AB65-ASA1-AA1,1,1211 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or
12grandchild. The relationship may be by blood, marriage, or adoption.
AB65-ASA1-AA1,2,1
1(b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB65-ASA1-AA1,2,3 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:
AB65-ASA1-AA1,2,44 (a) The seller or transferor is a firearms dealer.
AB65-ASA1-AA1,2,65 (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).
AB65-ASA1-AA1,2,87 (c) The sale or transfer of ownership of the firearm is one of the transfers listed
8under s. 175.35 (2t).
AB65-ASA1-AA1,2,119 (d) The transferor is transferring ownership of the firearm to a family member
10by gift, bequest, sale, or inheritance, the transferee is not prohibited from possessing
11a firearm under s. 941.29, and the transferee is at least 18 years of age.
AB65-ASA1-AA1,2,1512 (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.
AB65-ASA1-AA1,2,19 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.
AB65-ASA1-AA1,3 20Section 3. 175.35 (title) of the statutes is amended to read:
AB65-ASA1-AA1,2,21 21175.35 (title) Purchase of handguns firearms.
AB65-ASA1-AA1,4 22Section 4. 175.35 (1) (at) of the statutes is amended to read:
AB65-ASA1-AA1,3,1323 175.35 (1) (at) “Firearms restrictions record search" means a search of
24department of justice records to determine whether a person seeking to purchase a
25handgun firearm is prohibited from possessing a firearm under s. 941.29. “Firearms

1restrictions record search" includes a criminal history record search, a search to
2determine whether a person is prohibited from possessing a firearm under s. 51.20
3(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
4system to determine whether a person has been ordered not to possess a firearm
5under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
6to determine whether the person is subject to an injunction under s. 813.12 or
7813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
8established by any federally recognized Wisconsin Indian tribe or band, except the
9Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
10or she is subject to the requirements and penalties under s. 941.29 and that has been
11filed with the circuit court under s. 813.128 (3g), and a search to determine whether
12the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125
13(4m).
AB65-ASA1-AA1,5 14Section 5 . 175.35 (1) (b) of the statutes is repealed.
AB65-ASA1-AA1,6 15Section 6 . 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
16amended to read:
AB65-ASA1-AA1,3,1917 175.35 (2) (am) When a firearms dealer sells or transfers a handgun firearm,
18he or she may not transfer possession of that handgun firearm to any other person
19until all of the following have occurred: requirements under par. (cm) have been met.
AB65-ASA1-AA1,7 20Section 7 . 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
21(2) (cm) 1., 2., 3. and 4.
AB65-ASA1-AA1,8 22Section 8 . 175.35 (2) (bm) of the statutes is created to read:
AB65-ASA1-AA1,4,423 175.35 (2) (bm) When a person sells a firearm or transfers ownership of a
24firearm through a firearms dealer, the person may not transfer possession of that
25firearm to any person other than the firearms dealer, and the firearms dealer may

1not transfer or authorize the transfer of possession of that firearm to any person,
2until all of the requirements of par. (cm) have been met. This paragraph does not
3apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms
4dealer.
AB65-ASA1-AA1,9 5Section 9 . 175.35 (2) (cm) (intro.) of the statutes is created to read:
AB65-ASA1-AA1,4,76 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer
7of a firearm occurs under par. (am) or (bm):
AB65-ASA1-AA1,10 8Section 10 . 175.35 (2g) (a) of the statutes is amended to read:
AB65-ASA1-AA1,4,119 175.35 (2g) (a) The department of justice shall promulgate rules prescribing
10procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
11dealer to inspect identification containing a photograph of the transferee.
AB65-ASA1-AA1,11 12Section 11 . 175.35 (2g) (b) of the statutes is amended to read:
AB65-ASA1-AA1,4,1813 175.35 (2g) (b) The department of justice shall promulgate rules prescribing
14a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to
15provide his or her name, date of birth, gender, race and social security number, and
16other identification necessary to permit an accurate firearms restrictions record
17search under par. (c) 3. and the required notification under par. (c) 4. The department
18of justice shall make the forms available at locations throughout the state.
AB65-ASA1-AA1,12 19Section 12 . 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
20amended to read:
AB65-ASA1-AA1,4,2321 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each
22firearms restrictions record search that the firearms dealer requests under sub. (2)
23(c) (cm) 3.
AB65-ASA1-AA1,4,24 24(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
AB65-ASA1-AA1,5,3
1(c) The department may refuse to conduct firearms restrictions record searches
2for any firearms dealer who fails to pay any fee under this subsection par. (a) within
330 days after billing by the department.
AB65-ASA1-AA1,13 4Section 13 . 175.35 (2i) (b) 2. of the statutes is created to read:
AB65-ASA1-AA1,5,75 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
6may collect from the transferor the fee under par. (a) and any additional amount to
7cover any costs he or she incurs in processing the transfer.
AB65-ASA1-AA1,14 8Section 14 . 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
AB65-ASA1-AA1,15 9Section 15 . 175.35 (2j) (b) of the statutes is created to read:
AB65-ASA1-AA1,5,1410 175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm
11through a firearms dealer under sub. (2) (bm), or sells a firearm or transfers
12ownership of a firearm to a firearms dealer, the firearms dealer shall provide the
13person a written receipt documenting the dealer's participation in the sale or
14transfer.
AB65-ASA1-AA1,16 15Section 16 . 175.35 (2k) (ar) 2. of the statutes is amended to read:
AB65-ASA1-AA1,5,2316 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a)
17against the information recorded by the department regarding the corresponding
18request for a firearms restrictions record search under sub. (2g). If the department
19previously provided a unique approval number regarding the request and nothing
20in the completed notification form indicates that the transferee is prohibited from
21possessing a firearm under s. 941.29, the department shall destroy all records
22regarding that firearms restrictions record search within 30 days after receiving the
23notification form.
AB65-ASA1-AA1,17 24Section 17 . 175.35 (2k) (c) 2. a. of the statutes is amended to read:
AB65-ASA1-AA1,6,3
1175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
2is conducting an investigation of a crime in which a handgun firearm was used or was
3attempted to be used or was unlawfully possessed.
AB65-ASA1-AA1,18 4Section 18 . 175.35 (2k) (c) 2. b. of the statutes is amended to read:
AB65-ASA1-AA1,6,85 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority
6within the Wisconsin law enforcement agency that he or she has a reasonable
7suspicion that the person who is the subject of the information request has obtained
8or is attempting to obtain a handgun firearm.
Loading...
Loading...