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LRB-3210/1
CMH:ahe
2019 - 2020 LEGISLATURE
May 23, 2019 - Introduced by Senator Bernier, cosponsored by Representatives
Sortwell, Felzkowski, Duchow, Edming, Magnafici and Quinn. Referred to
Committee on Public Benefits, Licensing and State-Federal Relations.
SB237,1,4 1An Act to amend 175.35 (2g) (c) 3.; and to create 146.901 and 175.60 (9g) (a)
22m. of the statutes; relating to: persons who use medical marijuana legally
3and possession of a firearm and confidentiality of the registry status of a person
4on a medical marijuana registry.
Analysis by the Legislative Reference Bureau
Under current law, when a person purchases a handgun, the firearms dealer
may not transfer the handgun to the purchaser until the dealer requests the
Department of Justice to conduct a firearms restrictions record search to determine
if the purchaser is prohibited from possessing a firearm under state or federal law.
DOJ must conduct an identical search on a person who applies for a license to carry
a concealed weapon. This bill prohibits DOJ, when conducting a search to determine
if a person is prohibited from possessing a firearm, from considering if the person
participates in a medical marijuana program that is legal under state or federal law.
This bill also prohibits the Department of Health Services from disclosing to
any federal agency the registry status of a person who participates in a medical
marijuana registry program that is legal under state or federal law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB237,1 5Section 1 . 146.901 of the statutes is created to read:
SB237,2,4
1146.901 Confidentiality of medical marijuana registry. The department
2may not disclose to any federal agency any information regarding the registry status
3of a person who participates in a medical marijuana registry program that is legal
4under a state or federal law.
SB237,2 5Section 2 . 175.35 (2g) (c) 3. of the statutes is amended to read:
SB237,2,126 175.35 (2g) (c) 3. The department to conduct the firearms restrictions record
7search regarding the transferee. The rules shall include, but not be limited to, a
8requirement that the department use the transaction information for management
9of enforcement system and the national crime information center system and a
10requirement that the department, in making a determination of whether the
11transferee is prohibited from possessing a firearm, may not consider the transferee's
12status in a medical marijuana program that is legal under state or federal law
.
SB237,3 13Section 3 . 175.60 (9g) (a) 2m. of the statutes is created to read:
SB237,2,1614 175.60 (9g) (a) 2m. The department, in making a determination of whether the
15applicant is prohibited from possessing a firearm, may not consider the applicant's
16status in a medical marijuana program that is legal under state or federal law.
SB237,2,1717 (End)
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