AB58-ASA1,12
12Section 12
. 175.35 (2g) (b) 1. of the statutes is amended to read:
AB58-ASA1,5,1813
175.35
(2g) (b) 1. The department of justice shall promulgate rules prescribing
14a notification form for use under sub. (2)
(cm) 2. and 3. requiring the transferee to
15provide his or her name, date of birth, gender, race and social security number and
16other identification necessary to permit an accurate firearms restrictions record
17search under par. (c) 3. and the required notification under par. (c) 4.
The department
18of justice shall make the forms available at locations throughout the state.
AB58-ASA1,13
19Section 13
. 175.35 (2g) (b) 2. of the statutes is amended to read:
AB58-ASA1,5,2520
175.35
(2g) (b) 2. The department of justice shall ensure that each notification
21form under subd. 1. requires the transferee to indicate that he or she is not
22purchasing receiving a transfer of the firearm with the purpose or intent to transfer
23the firearm to a person who is prohibited from possessing a firearm under state or
24federal law and that each notification form informs the transferee that making a
25false statement with regard to this purpose or intent is a Class H felony.
AB58-ASA1,14
1Section
14. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
2amended to read:
AB58-ASA1,6,53
175.35
(2i) (a) The department shall charge a firearms dealer a $10 fee for each
4firearms restrictions record search that the firearms dealer requests under sub. (2)
5(c) (cm) 3.
AB58-ASA1,6,6
6(b) 1. The firearms dealer may collect the fee
under par. (a) from the transferee.
AB58-ASA1,6,9
7(c) The department may refuse to conduct firearms restrictions record searches
8for any firearms dealer who fails to pay any fee under
this subsection par. (a) within
930 days after billing by the department.
AB58-ASA1,15
10Section 15
. 175.35 (2i) (b) 2. of the statutes is created to read:
AB58-ASA1,6,1311
175.35
(2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
12may collect from the transferor the fee under par. (a) and any additional amount to
13cover any costs he or she incurs in processing the transfer.
AB58-ASA1,16
14Section 16
. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
AB58-ASA1,17
15Section 17
. 175.35 (2j) (b) of the statutes is created to read:
AB58-ASA1,6,1916
175.35
(2j) (b) If a person transfers a firearm through a firearms dealer under
17sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall
18provide the person a written receipt documenting the dealer's participation in the
19transfer.
AB58-ASA1,18
20Section 18
. 175.35 (2k) (ar) 2. of the statutes is amended to read:
AB58-ASA1,7,321
175.35
(2k) (ar) 2. Check each notification form received under sub. (2j)
(a) 22against the information recorded by the department regarding the corresponding
23request for a firearms restrictions record search under sub. (2g). If the department
24previously provided a unique approval number regarding the request and nothing
25in the completed notification form indicates that the transferee is prohibited from
1possessing a firearm under s. 941.29, the department shall destroy all records
2regarding that firearms restrictions record search within 30 days after receiving the
3notification form.
AB58-ASA1,19
4Section 19
. 175.35 (2k) (c) 2. a. of the statutes is amended to read:
AB58-ASA1,7,75
175.35
(2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
6is conducting an investigation of a crime in which a
handgun firearm was used or was
7attempted to be used or was unlawfully possessed.
AB58-ASA1,20
8Section 20
. 175.35 (2k) (c) 2. b. of the statutes is amended to read:
AB58-ASA1,7,129
175.35
(2k) (c) 2. b. A statement by a division commander or higher authority
10within the Wisconsin law enforcement agency that he or she has a reasonable
11suspicion that the person who is the subject of the information request has obtained
12or is attempting to obtain a
handgun firearm.
AB58-ASA1,21
13Section 21
. 175.35 (2k) (g) of the statutes is amended to read:
AB58-ASA1,7,1714
175.35
(2k) (g) If a search conducted under sub. (2g) indicates that the
15transferee is prohibited from possessing a firearm under s. 941.29, the attorney
16general or his or her designee may disclose to a law enforcement agency that the
17transferee has attempted to obtain a
handgun
firearm.
AB58-ASA1,22
18Section 22
. 175.35 (2k) (h) of the statutes is amended to read:
AB58-ASA1,7,2419
175.35
(2k) (h) If a search conducted under sub. (2g) indicates a felony charge
20without a recorded disposition and the attorney general or his or her designee has
21reasonable grounds to believe the transferee may pose a danger to himself, herself
22or another, the attorney general or his or her designee may disclose to a law
23enforcement agency that the transferee has obtained or has attempted to obtain a
24handgun firearm.
AB58-ASA1,23
25Section 23
. 175.35 (2L) of the statutes is amended to read:
AB58-ASA1,8,7
1175.35
(2L) The department of justice shall promulgate rules providing for the
2review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
3to
purchase receive a transfer of a
handgun firearm because the firearms dealer
4received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms
5restrictions record search review under those rules. If the person disagrees with the
6results of that review, the person may file an appeal under rules promulgated by the
7department.
AB58-ASA1,24
8Section 24
. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
AB58-ASA1,8,109
175.35
(2t) (a) Transfers of any
handgun firearm classified as an antique by
10regulations of the U.S. department of the treasury.
AB58-ASA1,8,1211
(b) Transfers of any
handgun firearm between firearms dealers or between
12wholesalers and dealers.
AB58-ASA1,8,1413
(c) Transfers of any
handgun firearm to law enforcement or armed services
14agencies.
AB58-ASA1,25
15Section 25
. 175.35 (3) (b) 2. of the statutes is amended to read:
AB58-ASA1,8,2116
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.
AB58-ASA1,26
22Section 26
. 175.60 (7) (d) of the statutes is amended to read:
AB58-ASA1,8,2423
175.60
(7) (d) A fee for a background check that is equal to the fee charged under
24s. 175.35 (2i)
(a).
AB58-ASA1,27
25Section 27
. 175.60 (15) (b) 4. b. of the statutes is amended to read:
AB58-ASA1,9,2
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).
AB58-ASA1,28
3Section 28
. 938.208 (1) (b) of the statutes is amended to read:
AB58-ASA1,9,84
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.
AB58-ASA1,29
9Section 29
. 938.34 (4m) (b) 2. of the statutes is amended to read:
AB58-ASA1,9,1410
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.
AB58-ASA1,30
15Section 30
. 938.341 of the statutes is amended to read:
AB58-ASA1,9,19
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.
AB58-ASA1,31
20Section 31
. 941.237 (1) (d) of the statutes is amended to read:
AB58-ASA1,9,2421
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.
AB58-ASA1,32
25Section
32. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:
AB58-ASA1,10,2
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.
AB58-ASA1,10,43
(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.
AB58-ASA1,10,75
(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.
AB58-ASA1,33
8Section 33
. 941.296 (1) (b) of the statutes is amended to read:
AB58-ASA1,10,109
941.296
(1) (b) “Handgun" has the meaning given in s.
175.35 (1) (b) 941.237
10(1) (d).
AB58-ASA1,34
11Section 34
. 968.20 (3) (b) of the statutes is amended to read:
AB58-ASA1,11,1012
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.
AB58-ASA1,35
11Section 35
. 971.17 (1g) of the statutes is amended to read:
AB58-ASA1,11,1512
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.
AB58-ASA1,36
16Section 36
. 973.176 (1) of the statutes is amended to read:
AB58-ASA1,11,2117
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).
AB58-ASA1,11,2423
(1)
This act takes effect on the first day of the 7th month beginning after
24publication.