2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 65
February 20, 2018 - Offered by Representative Spreitzer.
Firearm purchaser record check; checks for licenses or
6certifications to carry concealed weapons.
All moneys received as fee payments under 7
ss. 175.35 (2i) (a)
, 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and 8
b. to provide services under ss. 175.35, 175.49, and 175.60.
10175.33 Transfer of firearms. (1)
In this section:
(a) “Family member" means a spouse, parent, grandparent, sibling, child, or 12
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, sale, or inheritance, the transferee is not prohibited from possessing 11
a 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 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 24
department 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
restrictions record search" includes a criminal history record search, a search to 2
determine 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 4
system to determine whether a person has been ordered not to possess a firearm 5
under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search 6
to determine whether the person is subject to an injunction under s. 813.12 or 7
813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court 8
established by any federally recognized Wisconsin Indian tribe or band, except the 9
Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he 10
or she is subject to the requirements and penalties under s. 941.29 and that has been 11
filed with the circuit court under s. 813.128 (3g), and a search to determine whether 12
the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 13
175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and 16
amended to read:
(am) When a firearms dealer sells or transfers
a handgun firearm
he or she may not transfer possession of that handgun firearm
to any other person 19
until all of the following have occurred: requirements under par. (cm) have been met.
175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35 21
(2) (cm) 1., 2., 3. and 4.
175.35 (2) (bm) of the statutes is created to read:
(bm) When a person sells a firearm or transfers ownership of a 24
firearm through a firearms dealer, the person may not transfer possession of that 25
firearm to any person other than the firearms dealer, and the firearms dealer may
not transfer or authorize the transfer of possession of that firearm to any person, 2
until all of the requirements of par. (cm) have been met. This paragraph does not 3
apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms 4
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 7
of a firearm occurs under par. (am) or (bm):
175.35 (2g) (a) of the statutes is amended to read:
(a) The department of justice shall promulgate rules prescribing 10
procedures for use under sub. (2) (cm) 1.
for a transferee to provide and a firearms 11
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 14
a notification form for use under sub. (2) (cm) 2. and 3.
requiring the transferee to 15
provide his or her name, date of birth, gender, race and social security number,
other identification necessary to permit an accurate firearms restrictions record 17
search under par. (c) 3. and the required notification under par. (c) 4. The department 18
of justice shall make the forms available at locations throughout the state.
175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and 20
amended to read:
(a) The department shall charge a firearms dealer a $10 fee for each 22
firearms restrictions record search that the firearms dealer requests under sub. (2) 23(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 2
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 6
may collect from the transferor the fee under par. (a) and any additional amount to 7
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 11
through a firearms dealer under sub. (2) (bm), or sells a firearm or transfers 12
ownership of a firearm to a firearms dealer, the firearms dealer shall provide the 13
person a written receipt documenting the dealer's participation in the sale or 14
175.35 (2k) (ar) 2. of the statutes is amended to read:
(ar) 2. Check each notification form received under sub. (2j) (a) 17
against the information recorded by the department regarding the corresponding 18
request for a firearms restrictions record search under sub. (2g). If the department 19
previously provided a unique approval number regarding the request and nothing 20
in the completed notification form indicates that the transferee is prohibited from 21
possessing a firearm under s. 941.29, the department shall destroy all records 22
regarding that firearms restrictions record search within 30 days after receiving the 23
175.35 (2k) (c) 2. a. of the statutes is amended to read:
(c) 2. a. A statement that the Wisconsin law enforcement agency 2
is conducting an investigation of a crime in which a handgun firearm
was used or was 3
attempted to be used or was unlawfully possessed.
175.35 (2k) (c) 2. b. of the statutes is amended to read:
(c) 2. b. A statement by a division commander or higher authority 6
within the Wisconsin law enforcement agency that he or she has a reasonable 7
suspicion that the person who is the subject of the information request has obtained 8
or is attempting to obtain a handgun firearm