LRB-4890/1
CMH:cdc/cjs/ahe
2019 - 2020 LEGISLATURE
November 22, 2019 - Introduced by Senators Johnson, Carpenter, Bewley,
Erpenbach, Hansen, Larson, Miller, Ringhand, Risser, Schachtner,
Shilling, Smith, L. Taylor and Wirch, cosponsored by Representatives
Sargent, Stubbs, C. Taylor, Subeck, Zamarripa, Anderson, Billings, Bowen,
Brostoff, Cabrera, Considine, Crowley, Doyle, Emerson, Fields, Goyke,
Gruszynski, Haywood, Hebl, Hesselbein, Hintz, Kolste, McGuire, B.
Meyers, Milroy, L. Myers, Neubauer, Ohnstad, Pope, Riemer, Shankland,
Sinicki, Spreitzer, Stuck, Vining and Vruwink. Referred to Committee on
Judiciary and Public Safety.
SB572,1,11
1An Act to repeal 175.35 (1) (b);
to renumber 175.35 (2) (a), (b), (c) and (d) and
2175.35 (2j);
to renumber and amend 175.35 (2) (intro.) and 175.35 (2i);
to
3amend 20.455 (2) (gr), 175.35 (title), 175.35 (1) (at), 175.35 (2g) (a), 175.35 (2g)
4(b) 1., 175.35 (2g) (b) 2., 175.35 (2k) (ar) 2., 175.35 (2k) (c) 2. a., 175.35 (2k) (c)
52. b., 175.35 (2k) (g), 175.35 (2k) (h), 175.35 (2L), 175.35 (2t) (a), (b) and (c),
6175.35 (3) (b) 2., 175.60 (7) (d), 175.60 (15) (b) 4. b., 938.208 (1) (b), 938.34 (4m)
7(b) 2., 938.341, 941.237 (1) (d), 941.296 (1) (b), 968.20 (3) (b), 971.17 (1g) and
8973.176 (1); and
to create 175.33, 175.35 (1) (br), 175.35 (2) (bm), 175.35 (2)
9(cm) (intro.), 175.35 (2i) (b) 2., 175.35 (2j) (b) and 941.29 (1m) (dm), (dn) and (do)
10of the statutes;
relating to: sales and transfers of firearms and providing a
11penalty.
Analysis by the Legislative Reference Bureau
Current law provides that certain conditions, including a background check of
a prospective purchaser, must be met before a federally licensed firearms dealer may
transfer a handgun after a sale. This bill generally prohibits a person from selling
or transferring any firearm, including the frame or receiver of a firearm, unless the
sale or transfer occurs through a federally licensed firearms dealer and involves a
background check of the prospective transferee. Under the bill, the following are
excepted from that prohibition: a sale or transfer to a firearms dealer or to a law
enforcement or armed services agency; a sale or transfer of a firearm classified as
antique; or a transfer that is by gift, bequest, or inheritance to a family member. A
person who is convicted of violating the prohibition is guilty of a misdemeanor and
must be fined not less than $500 nor more than $10,000, may be imprisoned for not
more than nine months, and may not possess a firearm for a period of two years.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB572,1
1Section 1
. 20.455 (2) (gr) of the statutes is amended to read:
SB572,2,52
20.455
(2) (gr)
Handgun Firearm purchaser record check; checks for licenses or
3certifications to carry concealed weapons. All moneys received as fee payments under
4ss. 175.35 (2i)
(a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and
5b. to provide services under ss. 175.35, 175.49, and 175.60.
SB572,2
6Section 2
. 175.33 of the statutes is created to read:
SB572,2,7
7175.33 Transfer of firearms.
(1) In this section:
SB572,2,98
(a) “Family member" means a spouse, parent, grandparent, sibling, child, or
9grandchild. The relationship may be by blood, marriage, or adoption.
SB572,2,1010
(b) “Firearm” includes the frame or receiver of a firearm.
SB572,2,1111
(c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB572,2,13
12(2) No person may sell or transfer ownership of a firearm, or purchase or obtain
13ownership of a firearm, unless one of the following applies:
SB572,2,1414
(a) The seller or transferor is a firearms dealer.
SB572,3,2
1(b) The seller or transferor makes the sale or transfer to or through a firearms
2dealer and obtains a receipt under s. 175.35 (2j) (b).
SB572,3,43
(c) The sale or transfer of ownership of the firearm is one of the transfers listed
4under s. 175.35 (2t).
SB572,3,75
(d) The transferor is transferring ownership of the firearm to a family member
6by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
7firearm under s. 941.29 or federal law, and the transferee is at least 18 years of age.
SB572,3,11
8(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
9and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
10for not more than 9 months. The person is also prohibited under s. 941.29 from
11possessing a firearm for a period of 2 years.
SB572,3
12Section
3. 175.35 (title) of the statutes is amended to read:
SB572,3,13
13175.35 (title)
Purchase or transfer of handguns
firearms.
SB572,4
14Section
4. 175.35 (1) (at) of the statutes is amended to read:
SB572,4,515
175.35
(1) (at) “Firearms restrictions record search" means a search of
16department of justice records to determine whether a person seeking to purchase
or
17receive a transfer of a
handgun firearm is prohibited from possessing a firearm under
18s. 941.29. “Firearms restrictions record search" includes a criminal history record
19search, a search to determine whether a person is prohibited from possessing a
20firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant
21criminal background check system to determine whether a person has been ordered
22not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or
2355.12 (10) (a), a search to determine whether the person is subject to an injunction
24under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
25by a court established by any federally recognized Wisconsin Indian tribe or band,
1except the Menominee Indian tribe of Wisconsin, that includes notice to the
2respondent that he or she is subject to the requirements and penalties under s.
3941.29 and that has been filed with the circuit court under s. 813.128 (3g), and a
4search to determine whether the person is prohibited from possessing a firearm
5under s. 813.123 (5m) or 813.125 (4m).
SB572,5
6Section 5
. 175.35 (1) (b) of the statutes is repealed.
SB572,6
7Section 6
. 175.35 (1) (br) of the statutes is created to read:
SB572,4,98
175.35
(1) (br) “Transfer” includes to assign, pledge, lease, loan, give away, or
9otherwise dispose of.
SB572,7
10Section 7
. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
11amended to read:
SB572,4,1512
175.35
(2) (am) When a firearms dealer sells
or transfers a
handgun firearm,
13including the frame or receiver of a firearm, he or she may not transfer possession
14of that
handgun firearm to any other person until all of the
following have occurred: 15requirements under par. (cm) have been met.
SB572,8
16Section 8
. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
17(2) (cm) 1., 2., 3. and 4.
SB572,9
18Section 9
. 175.35 (2) (bm) of the statutes is created to read:
SB572,4,2119
175.35
(2) (bm) When a person sells or transfers a firearm, including the frame
20or receiver of a firearm, through a firearms dealer, the transfer of that firearm may
21not be made until all of the requirements of par. (cm) have been met.
SB572,10
22Section 10
. 175.35 (2) (cm) (intro.) of the statutes is created to read:
SB572,4,2423
175.35
(2) (cm) (intro.) All of the following must occur before a sale or transfer
24of a firearm occurs under par. (am) or (bm):
SB572,11
25Section 11
. 175.35 (2g) (a) of the statutes is amended to read:
SB572,5,3
1175.35
(2g) (a) The department of justice shall promulgate rules prescribing
2procedures
for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
3dealer to inspect identification containing a photograph of the transferee.
SB572,12
4Section 12
. 175.35 (2g) (b) 1. of the statutes is amended to read:
SB572,5,105
175.35
(2g) (b) 1. The department of justice shall promulgate rules prescribing
6a notification form for use under sub. (2)
(cm) 2. and 3. requiring the transferee to
7provide his or her name, date of birth, gender, race and social security number and
8other identification necessary to permit an accurate firearms restrictions record
9search under par. (c) 3. and the required notification under par. (c) 4. The department
10of justice shall make the forms available at locations throughout the state.
SB572,13
11Section 13
. 175.35 (2g) (b) 2. of the statutes is amended to read:
SB572,5,1712
175.35
(2g) (b) 2. The department of justice shall ensure that each notification
13form under subd. 1. requires the transferee to indicate that he or she is not
14purchasing
or receiving a transfer of the firearm with the purpose or intent to
15transfer the firearm to a person who is prohibited from possessing a firearm under
16state or federal law and that each notification form informs the transferee that
17making a false statement with regard to this purpose or intent is a Class H felony.
SB572,14
18Section 14
. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
19amended to read:
SB572,5,2220
175.35
(2i) (a) The department shall charge a firearms dealer a $10 fee for each
21firearms restrictions record search that the firearms dealer requests under sub. (2)
22(c) (cm) 3.
SB572,5,23
23(b) 1. The firearms dealer may collect the fee
under par. (a) from the transferee.
SB572,6,3
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.
SB572,15
4Section 15
. 175.35 (2i) (b) 2. of the statutes is created to read:
SB572,6,75
175.35
(2i) (b) 2. If the transfer or sale is made under sub. (2) (bm), the firearms
6dealer may collect from the transferor the fee under par. (a) and any additional
7amount to cover any costs he or she incurs in processing the transfer or sale.
SB572,16
8Section 16
. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
SB572,17
9Section 17
. 175.35 (2j) (b) of the statutes is created to read:
SB572,6,1310
175.35
(2j) (b) If a person sells a firearm or transfers a firearm through a
11firearms dealer under sub. (2) (bm), or sells or transfers a firearm to a firearms
12dealer, the firearms dealer shall provide the person a written receipt documenting
13the dealer's participation in the sale or transfer.
SB572,18
14Section 18
. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB572,6,2215
175.35
(2k) (ar) 2. Check each notification form received under sub. (2j)
(a) 16against the information recorded by the department regarding the corresponding
17request for a firearms restrictions record search under sub. (2g). If the department
18previously provided a unique approval number regarding the request and nothing
19in the completed notification form indicates that the transferee is prohibited from
20possessing a firearm under s. 941.29, the department shall destroy all records
21regarding that firearms restrictions record search within 30 days after receiving the
22notification form.
SB572,19
23Section 19
. 175.35 (2k) (c) 2. a. of the statutes is amended to read:
SB572,7,3
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.
SB572,20
4Section 20
. 175.35 (2k) (c) 2. b. of the statutes is amended to read:
SB572,7,85
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.
SB572,21
9Section 21
. 175.35 (2k) (g) of the statutes is amended to read:
SB572,7,1310
175.35
(2k) (g) If a search conducted under sub. (2g) indicates that the
11transferee is prohibited from possessing a firearm under s. 941.29, the attorney
12general or his or her designee may disclose to a law enforcement agency that the
13transferee has attempted to obtain a
handgun
firearm.
SB572,22
14Section 22
. 175.35 (2k) (h) of the statutes is amended to read: