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LRBa2280/1
CMH:wlj
2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 65
February 20, 2018 - Offered by Representative Spreitzer.
AB65-ASA1-AA1-AA2,1,11 At the locations indicated, amend the amendment as follows:
AB65-ASA1-AA1-AA2,1,3 21. Page 1, line 1: delete the material beginning with that line and ending with
3page 10, line 17, and substitute:
AB65-ASA1-AA1-AA2,1,4 4 Section 1. 20.455 (2) (gr) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,1,85 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-AA2,2 9Section 2 . 175.33 of the statutes is created to read:
AB65-ASA1-AA1-AA2,1,10 10175.33 Transfer of firearms. (1) In this section:
AB65-ASA1-AA1-AA2,2,2
1(a) “Family member" means a spouse, parent, grandparent, sibling, child, or
2grandchild. The relationship may be by blood, marriage, or adoption.
AB65-ASA1-AA1-AA2,2,33 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB65-ASA1-AA1-AA2,2,5 4(2) No person may sell or transfer ownership of a firearm, or purchase or obtain
5ownership of a firearm, unless one of the following applies:
AB65-ASA1-AA1-AA2,2,66 (a) The seller or transferor is a firearms dealer.
AB65-ASA1-AA1-AA2,2,87 (b) The seller or transferor makes the sale or transfer to or through a firearms
8dealer and obtains a receipt under s. 175.35 (2j) (b).
AB65-ASA1-AA1-AA2,2,109 (c) The sale or transfer of ownership of the firearm is one of the transfers listed
10under s. 175.35 (2t).
AB65-ASA1-AA1-AA2,2,1311 (d) The transferor is transferring ownership of the firearm to a family member
12by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
13firearm under s. 941.29, and the transferee is at least 18 years of age.
AB65-ASA1-AA1-AA2,2,1714 (e) The transferor is transferring ownership of the firearm with the intent that
15the transfer be temporary, neither the transferor nor the transferee is prohibited
16from possessing a firearm under s. 941.29, and the purpose of the transfer is not
17prohibited by law.
AB65-ASA1-AA1-AA2,2,21 18(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
19and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
20for not more than 9 months. The person is also prohibited under s. 941.29 from
21possessing a firearm for a period of 2 years.
AB65-ASA1-AA1-AA2,3 22Section 3. 175.35 (title) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,2,23 23175.35 (title) Purchase of handguns firearms.
AB65-ASA1-AA1-AA2,4 24Section 4. 175.35 (1) (at) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,3,16
1175.35 (1) (at) “Firearms restrictions record search" means a search of
2department of justice records to determine whether a person seeking to purchase a
3handgun firearm is prohibited from possessing a firearm under s. 941.29. “Firearms
4restrictions record search" includes a criminal history record search, a search to
5determine whether a person is prohibited from possessing a firearm under s. 51.20
6(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
7system to determine whether a person has been ordered not to possess a firearm
8under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
9to determine whether the person is subject to an injunction under s. 813.12 or
10813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
11established by any federally recognized Wisconsin Indian tribe or band, except the
12Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
13or she is subject to the requirements and penalties under s. 941.29 and that has been
14filed with the circuit court under s. 813.128 (3g), and a search to determine whether
15the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125
16(4m).
AB65-ASA1-AA1-AA2,5 17Section 5 . 175.35 (1) (b) of the statutes is repealed.
AB65-ASA1-AA1-AA2,6 18Section 6 . 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
19amended to read:
AB65-ASA1-AA1-AA2,3,2220 175.35 (2) (am) When a firearms dealer sells or transfers a handgun firearm,
21he or she may not transfer possession of that handgun firearm to any other person
22until all of the following have occurred: requirements under par. (cm) have been met.
AB65-ASA1-AA1-AA2,7 23Section 7 . 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
24(2) (cm) 1., 2., 3. and 4.
AB65-ASA1-AA1-AA2,8 25Section 8 . 175.35 (2) (bm) of the statutes is created to read:
AB65-ASA1-AA1-AA2,4,7
1175.35 (2) (bm) When a person sells a firearm or transfers ownership of a
2firearm through a firearms dealer, the person may not transfer possession of that
3firearm to any person other than the firearms dealer, and the firearms dealer may
4not transfer or authorize the transfer of possession of that firearm to any person,
5until all of the requirements of par. (cm) have been met. This paragraph does not
6apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms
7dealer.
AB65-ASA1-AA1-AA2,9 8Section 9 . 175.35 (2) (cm) (intro.) of the statutes is created to read:
AB65-ASA1-AA1-AA2,4,109 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer
10of a firearm occurs under par. (am) or (bm):
AB65-ASA1-AA1-AA2,10 11Section 10 . 175.35 (2g) (a) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,4,1412 175.35 (2g) (a) The department of justice shall promulgate rules prescribing
13procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
14dealer to inspect identification containing a photograph of the transferee.
AB65-ASA1-AA1-AA2,11 15Section 11 . 175.35 (2g) (b) of the statutes is amended to read:
AB65-ASA1-AA1-AA2,4,2116 175.35 (2g) (b) The department of justice shall promulgate rules prescribing
17a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to
18provide his or her name, date of birth, gender, race and social security number, and
19other identification necessary to permit an accurate firearms restrictions record
20search under par. (c) 3. and the required notification under par. (c) 4. The department
21of justice shall make the forms available at locations throughout the state.
AB65-ASA1-AA1-AA2,12 22Section 12 . 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
23amended to read:
AB65-ASA1-AA1-AA2,5,3
1175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each
2firearms restrictions record search that the firearms dealer requests under sub. (2)
3(c) (cm) 3.
AB65-ASA1-AA1-AA2,5,4 4(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
AB65-ASA1-AA1-AA2,5,7 5(c) The department may refuse to conduct firearms restrictions record searches
6for any firearms dealer who fails to pay any fee under this subsection par. (a) within
730 days after billing by the department.
AB65-ASA1-AA1-AA2,13 8Section 13 . 175.35 (2i) (b) 2. of the statutes is created to read:
AB65-ASA1-AA1-AA2,5,119 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
10may collect from the transferor the fee under par. (a) and any additional amount to
11cover any costs he or she incurs in processing the transfer.
AB65-ASA1-AA1-AA2,14 12Section 14 . 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
AB65-ASA1-AA1-AA2,15 13Section 15 . 175.35 (2j) (b) of the statutes is created to read:
AB65-ASA1-AA1-AA2,5,1814 175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm
15through a firearms dealer under sub. (2) (bm), or sells a firearm or transfers
16ownership of a firearm to a firearms dealer, the firearms dealer shall provide the
17person a written receipt documenting the dealer's participation in the sale or
18transfer.
AB65-ASA1-AA1-AA2,16 19Section 16 . 175.35 (2k) (ar) 2. of the statutes is amended to read:
AB65-ASA1-AA1-AA2,6,220 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a)
21against the information recorded by the department regarding the corresponding
22request for a firearms restrictions record search under sub. (2g). If the department
23previously provided a unique approval number regarding the request and nothing
24in the completed notification form indicates that the transferee is prohibited from
25possessing a firearm under s. 941.29, the department shall destroy all records

1regarding that firearms restrictions record search within 30 days after receiving the
2notification form.
AB65-ASA1-AA1-AA2,17 3Section 17 . 175.35 (2k) (c) 2. a. of the statutes is amended to read:
AB65-ASA1-AA1-AA2,6,64 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
5is conducting an investigation of a crime in which a handgun firearm was used or was
6attempted to be used or was unlawfully possessed.
AB65-ASA1-AA1-AA2,18 7Section 18 . 175.35 (2k) (c) 2. b. of the statutes is amended to read:
AB65-ASA1-AA1-AA2,6,118 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority
9within the Wisconsin law enforcement agency that he or she has a reasonable
10suspicion that the person who is the subject of the information request has obtained
11or is attempting to obtain a handgun firearm.
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