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175.35
(2t) (a) Transfers of any
handgun firearm classified as an antique by
10regulations of the U.S. department of the treasury.
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(b) Transfers of any
handgun firearm between firearms dealers or between
12wholesalers and dealers.
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(c) Transfers of any
handgun firearm to law enforcement or armed services
14agencies.
SB624,25
15Section 25
. 175.35 (3) (b) 2. of the statutes is amended to read:
SB624,8,2116
175.35
(3) (b) 2. A person who violates sub. (2e) by intentionally providing false
17information regarding whether he or she is
purchasing receiving a transfer of the
18firearm with the purpose or intent to transfer the firearm to another who the person
19knows or reasonably should know is prohibited from possessing a firearm under
20state or federal law is guilty of a Class H felony. The penalty shall include a fine that
21is not less than $500.
SB624,26
22Section 26
. 175.60 (7) (d) of the statutes is amended to read:
SB624,8,2423
175.60
(7) (d) A fee for a background check that is equal to the fee charged under
24s. 175.35 (2i)
(a).
SB624,27
25Section 27
. 175.60 (15) (b) 4. b. of the statutes is amended to read:
SB624,9,2
1175.60
(15) (b) 4. b. A fee for a background check that is equal to the fee charged
2under s. 175.35 (2i)
(a).
SB624,28
3Section 28
. 938.208 (1) (b) of the statutes is amended to read:
SB624,9,84
938.208
(1) (b) Probable cause exists to believe that the juvenile possessed,
5used or threatened to use a handgun, as defined in s.
175.35 (1) (b) 941.237 (1) (d),
6short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
7defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
8under ch. 940 if committed by an adult.
SB624,29
9Section 29
. 938.34 (4m) (b) 2. of the statutes is amended to read:
SB624,9,1410
938.34
(4m) (b) 2. The juvenile has possessed, used or threatened to use a
11handgun, as defined in s.
175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
12defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
13while committing a delinquent act that would be a felony under ch. 940 if committed
14by an adult.
SB624,30
15Section 30
. 938.341 of the statutes is amended to read:
SB624,9,19
16938.341 Delinquency adjudication; restriction on firearm possession. 17Whenever a court adjudicates a juvenile delinquent for an act that if committed by
18an adult in this state would be a felony
or for a violation under s. 175.33 (2), the court
19shall inform the juvenile of the requirements and penalties under s. 941.29.
SB624,31
20Section 31
. 941.237 (1) (d) of the statutes is amended to read:
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941.237
(1) (d) “Handgun"
has the meaning given in s. 175.35 (1) (b) means any
22weapon designed or redesigned, or made or remade, and intended to be fired while
23held in one hand and to use the energy of an explosive to expel a projectile through
24a smooth or rifled bore.
SB624,32
25Section
32. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:
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1941.29
(1m) (dm) The person has been convicted of a misdemeanor under s.
2175.33 (2), unless at least 2 years have passed since the conviction.
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(dn) The person has been adjudicated delinquent for a violation under s. 175.33
4(2), unless at least 2 years have passed since the adjudication.
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(do) The person has been found not guilty of a misdemeanor under s. 175.33 (2)
6by reason of mental disease or defect, unless at least 2 years have passed since the
7finding.
SB624,33
8Section 33
. 941.296 (1) (b) of the statutes is amended to read:
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941.296
(1) (b) “Handgun" has the meaning given in s.
175.35 (1) (b) 941.237
10(1) (d).
SB624,34
11Section 34
. 968.20 (3) (b) of the statutes is amended to read:
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968.20
(3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village,
13town or county or other custodian of a seized dangerous weapon or ammunition, if
14the dangerous weapon or ammunition is not required for evidence or use in further
15investigation and has not been disposed of pursuant to a court order at the
16completion of a criminal action or proceeding, shall make reasonable efforts to notify
17all persons who have or may have an authorized rightful interest in the dangerous
18weapon or ammunition of the application requirements under sub. (1). If, within 30
19days after the notice, an application under sub. (1) is not made and the seized
20dangerous weapon or ammunition is not returned by the officer under sub. (2), the
21city, village, town or county or other custodian may retain the dangerous weapon or
22ammunition and authorize its use by a law enforcement agency, except that a
23dangerous weapon used in the commission of a homicide or a handgun, as defined
24in s.
175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other
25than a firearm is not so retained, the city, village, town or county or other custodian
1shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor
2vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure
3under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village,
4town or county or other custodian shall ship it to the state crime laboratories and it
5is then the property of the laboratories. A person designated by the department of
6justice may destroy any material for which the laboratories have no use or arrange
7for the exchange of material with other public agencies. In lieu of destruction,
8shoulder weapons for which the laboratory has no use shall be turned over to the
9department of natural resources for sale and distribution of proceeds under s. 29.934
10or for use under s. 29.938.
SB624,35
11Section 35
. 971.17 (1g) of the statutes is amended to read:
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971.17
(1g) Notice of restriction on firearm possession. If the defendant
13under sub. (1) is found not guilty of a felony
, or of a violation under s. 175.33 (2), by
14reason of mental disease or defect, the court shall inform the defendant of the
15requirements and penalties under s. 941.29.
SB624,36
16Section 36
. 973.176 (1) of the statutes is amended to read:
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973.176
(1) Firearm possession. Whenever a court imposes a sentence or
18places a defendant on probation regarding a felony conviction
or regarding a
19conviction for a misdemeanor under s. 175.33 (2), the court shall inform the
20defendant of the requirements and penalties applicable to him or her under s. 941.29
21(1m) or (4m).
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(1)
This act takes effect on the first day of the 7th month beginning after
24publication.