SB1091: Bill Text

SB1091,24,13 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).

SB1091,24,15 (2) No person may transfer ownership of a firearm, or be transferred ownership of a firearm, unless one of the following applies:

SB1091,24,16 (a) The transferor is a firearms dealer.

SB1091,24,18 (b) The transferor makes the transfer to or through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

SB1091,24,20 (c) The transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

SB1091,24,23 (d) The transferor is transferring ownership of the firearm to a family member by gift, bequest, or inheritance, the transferee is not prohibited from possessing a firearm under state or federal law, and the transferee is at least 18 years of age.

SB1091,25,3 (e) The transferor is transferring the firearm with the intent that the transfer is for the purpose of hunting or target shooting if the transfer is for no longer than 14 days, the transferor did not receive in exchange for the transfer more than nominal consideration, the transferee is not prohibited from possessing a firearm under state or federal law, and the transfer is not otherwise prohibited by law.

SB1091,25,7 (3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor and shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months. The person is also prohibited under s. 941.29 from possessing a firearm for a period of 2 years.

SB1091,49 Section 49. 175.35 (title) of the statutes is amended to read:

SB1091,25,9 175.35 (title) Purchase Transfer of handguns firearms.

SB1091,50 Section 50 . 175.35 (1) (at) of the statutes is amended to read:

SB1091,26,2 175.35 (1) (at) “Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm under s. 941.29. “Firearms restrictions record search" includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

SB1091,51 Section 51 . 175.35 (1) (at) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

SB1091,26,21 175.35 (1) (at) “Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase be transferred a handgun firearm is prohibited from possessing a firearm under s. 941.29. “Firearms restrictions record search" includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

SB1091,52 Section 52 . 175.35 (1) (b) of the statutes is repealed.

SB1091,53 Section 53 . 175.35 (1) (br) of the statutes is created to read:

SB1091,26,25 175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away, or otherwise dispose of.

SB1091,54 Section 54. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and amended to read:

SB1091,27,6 175.35 (2) (am) When a firearms dealer sells transfers a handgun firearm, including the frame or receiver of a firearm, he or she may not transfer possession of that handgun firearm to any other person until all of the following have occurred: requirements under par. (cm) have been met.

SB1091,55 Section 55 . 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35 (2) (cm) 1., 2., 3. and 4.

SB1091,56 Section 56 . 175.35 (2) (bm) of the statutes is created to read:

SB1091,27,12 175.35 (2) (bm) When a person transfers a firearm, including the frame or receiver of a firearm, through a firearms dealer, the transfer of possession of that firearm may not be made until all of the requirements of par. (cm) have been met.

SB1091,57 Section 57 . 175.35 (2) (cm) (intro.) of the statutes is created to read:

SB1091,27,15 175.35 (2) (cm) (intro.) All of the following must occur before a transfer of a firearm occurs under par. (am) or (bm):

SB1091,58 Section 58 . 175.35 (2g) (a) of the statutes is amended to read:

SB1091,27,19 175.35 (2g) (a) The department of justice shall promulgate rules prescribing procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms dealer to inspect identification containing a photograph of the transferee.

SB1091,59 Section 59 . 175.35 (2g) (b) 1. of the statutes is amended to read:

SB1091,28,2 175.35 (2g) (b) 1. The department of justice shall promulgate rules prescribing a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to provide his or her name, date of birth, gender, race and social security number and other identification necessary to permit an accurate firearms restrictions record search under par. (c) 3. and the required notification under par. (c) 4. The department of justice shall make the forms available at locations throughout the state.

SB1091,60 Section 60 . 175.35 (2g) (b) 2. of the statutes is amended to read:

SB1091,28,9 175.35 (2g) (b) 2. The department of justice shall ensure that each notification form under subd. 1. requires the transferee to indicate that he or she is not purchasing receiving a transfer of the firearm with the purpose or intent to transfer the firearm to a person who is prohibited from possessing a firearm under state or federal law and that each notification form informs the transferee that making a false statement with regard to this purpose or intent is a Class H felony.

SB1091,61 Section 61 . 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

SB1091,28,14 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each firearms restrictions record search that the firearms dealer requests under sub. (2) (c) (cm) 3.

SB1091,28,15 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.

SB1091,28,18 (c) The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection par. (a) within 30 days after billing by the department.

SB1091,62 Section 62 . 175.35 (2i) (b) 2. of the statutes is created to read:

SB1091,28,22 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer may collect from the transferor the fee under par. (a) and any additional amount to cover any costs he or she incurs in processing the transfer.

SB1091,63 Section 63 . 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

SB1091,64 Section 64 . 175.35 (2j) (b) of the statutes is created to read:

SB1091,29,4 175.35 (2j) (b) If a person transfers a firearm through a firearms dealer under sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall provide the person a written receipt documenting the dealer's participation in the transfer.

SB1091,65 Section 65 . 175.35 (2k) (ar) 2. of the statutes is amended to read:

SB1091,29,13 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under sub. (2g). If the department previously provided a unique approval number regarding the request and nothing in the completed notification form indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the notification form.

SB1091,66 Section 66 . 175.35 (2k) (c) 2. a. of the statutes is amended to read:

SB1091,29,17 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency is conducting an investigation of a crime in which a handgun firearm was used or was attempted to be used or was unlawfully possessed.

SB1091,67 Section 67 . 175.35 (2k) (c) 2. b. of the statutes is amended to read:

SB1091,29,22 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority within the Wisconsin law enforcement agency that he or she has a reasonable suspicion that the person who is the subject of the information request has obtained or is attempting to obtain a handgun firearm.

SB1091,68 Section 68. 175.35 (2k) (cm) of the statutes is created to read:

SB1091,30,3 175.35 (2k) (cm) The department of justice may forward a final transaction status to the national instant criminal background check system in accordance with applicable federal regulations.

SB1091,69 Section 69 . 175.35 (2k) (g) of the statutes is amended to read:

SB1091,30,8 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29 or 18 USC 922, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has attempted to obtain a handgun.

SB1091,70 Section 70 . 175.35 (2k) (g) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

SB1091,30,14 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29 or 18 USC 922, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has attempted to obtain a handgun firearm.

SB1091,71 Section 71. 175.35 (2k) (gm) of the statutes is created to read:

SB1091,30,19 175.35 (2k) (gm) If the circumstances surrounding a search conducted under sub. (2g) indicate a potential violation of s. 941.2905 (1), the attorney general or his or her designee may disclose to a law enforcement agency any information sufficient for the law enforcement agency to conduct an investigation of the potential violation.

SB1091,72 Section 72 . 175.35 (2k) (h) of the statutes is amended to read:

SB1091,31,2 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge without a recorded disposition and the attorney general or his or her designee has reasonable grounds to believe the transferee may pose a danger to himself, herself or another, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has obtained or has attempted to obtain a handgun firearm.

SB1091,73 Section 73 . 175.35 (2L) of the statutes is amended to read:

SB1091,31,10 175.35 (2L) The department of justice shall promulgate rules providing for the review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right to purchase receive a transfer of a handgun firearm because the firearms dealer received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms restrictions record search review under those rules. If the person disagrees with the results of that review, the person may file an appeal under rules promulgated by the department.

SB1091,74 Section 74 . 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

SB1091,31,13 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

SB1091,31,15 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

SB1091,31,17 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

SB1091,75 Section 75 . 175.35 (3) (b) 2. of the statutes is amended to read:

SB1091,31,24 175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing false information regarding whether he or she is purchasing receiving a transfer of the firearm with the purpose or intent to transfer the firearm to another who the person knows or reasonably should know is prohibited from possessing a firearm under state or federal law is guilty of a Class H felony. The penalty shall include a fine that is not less than $500.

SB1091,76 Section 76 . 175.60 (7) (d) of the statutes is amended to read:

SB1091,32,2 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

SB1091,77 Section 77 . 175.60 (9g) (a) 2. of the statutes is amended to read:

SB1091,32,22 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g); whether the applicant is subject to a temporary restraining order or injunction under s. 813.124; and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

SB1091,78 Section 78. 175.60 (11) (a) 2. f. of the statutes is amended to read:

SB1091,33,3 175.60 (11) (a) 2. f. The individual becomes subject to an a temporary restraining order or injunction described in s. 941.29 (1m) (f) or is ordered not to possess a firearm under s. 813.123 (5m) or 813.125 (4m).

SB1091,79 Section 79 . 175.60 (15) (b) 4. b. of the statutes is amended to read:

SB1091,33,6 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

SB1091,80 Section 80. 301.048 (2) (bm) 1. a. of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:

SB1091,33,18 301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195 (3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (4) or (5), 940.195 (4) or (5), 940.198 (2), 940.20, 940.201, 940.202, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.235, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3) (2m) (a) to (c) or (3m), 940.44 (2m) (a) to (c), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.

SB1091,81 Section 81 . 302.43 of the statutes is amended to read:

SB1091,34,9 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

SB1091,82 Section 82. 767.461 (4) of the statutes, as created by 2021 Wisconsin Act 20, is amended to read:

SB1091,34,23 767.461 (4) A term of incarceration, extended supervision, parole, or probation for a violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201 (2) 940.202, 940.203 (2), 940.225 (1), (2), or (3), 940.23, 940.235, 940.24 (1), 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.42, 940.43, 940.44, 940.45, 941.20, 941.29, 941.30, 941.39, 943.011 (2), 947.012, 947.013, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.085, 948.095, 948.30, 948.55, or 951.02 or any felony to which the penalty enhancer under s. 939.621 could be imposed, for a violation of a 72-hour no contact order under s. 968.075 (5), for a violation of a domestic abuse restraining order, child abuse restraining order, or harassment restraining order, or for a violation to which a penalty enhancer for the use of a dangerous weapon is applied.

SB1091,83 Section 83. 801.50 (5sb) of the statutes is created to read:

SB1091,35,2 801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in which the cause of action arose or where the petitioner or the respondent resides.

SB1091,84 Section 84. 801.58 (2m) of the statutes is amended to read:

SB1091,35,11 801.58 (2m) If, under sub. (2), the judge determines that the request for substitution was made timely and in proper form, any ex parte order granted by the original judge remains in effect according to the terms, except that a temporary restraining order issued under s. 813.12 (3), 813.122 (4), 813.123 (4), 813.124 (2t), or 813.125 (3) by the original judge is extended until the newly assigned judge holds a hearing on the issuance of an injunction. The newly assigned judge shall hear any subsequent motion to modify or vacate any ex parte order granted by the original judge.

SB1091,85 Section 85. 813.06 of the statutes is amended to read:

SB1091,35,21 813.06 Security for damages. In proceedings under s. 767.225 the court or judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122, 813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party seeking an injunction, with sureties, to the effect that he or she will pay to the party enjoined such damages, not exceeding an amount to be specified, as he or she may sustain by reason of the injunction if the court finally decides that the party was not entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon the party enjoined and the officer serving the same shall, within 8 days after such service, file his or her return in the office of the clerk of the court.

SB1091,86 Section 86 . 813.124 of the statutes is created to read:

SB1091,35,24 813.124 Extreme risk protection temporary restraining orders and injunctions. (1) Definitions. In this section:

SB1091,35,25 (a) “Family or household member” means any of the following:

SB1091,36,1 1. A person related by blood, adoption, or marriage to the respondent.

SB1091,36,3 2. A person with whom the respondent has or had a dating relationship, as defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common.

SB1091,36,5 3. A person who resides with, or within the 6 months before filing a petition, had resided with, the respondent.