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SB70-AA10,169 11Section 169. 175.35 (2) (cm) (intro.) of the statutes is created to read:
SB70-AA10,101,1312 175.35 (2) (cm) (intro.) All of the following must occur before a transfer of a
13firearm occurs under par. (am) or (bm):
SB70-AA10,170 14Section 170. 175.35 (2g) (a) of the statutes is amended to read:
SB70-AA10,101,1715 175.35 (2g) (a) The department of justice shall promulgate rules prescribing
16procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
17dealer to inspect identification containing a photograph of the transferee.
SB70-AA10,171 18Section 171. 175.35 (2g) (b) 1. of the statutes is amended to read:
SB70-AA10,101,2419 175.35 (2g) (b) 1. The department of justice shall promulgate rules prescribing
20a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to
21provide his or her name, date of birth, gender, race and social security number and
22other identification necessary to permit an accurate firearms restrictions record
23search under par. (c) 3. and the required notification under par. (c) 4. The department
24of justice shall make the forms available at locations throughout the state.
SB70-AA10,172 25Section 172. 175.35 (2g) (b) 2. of the statutes is amended to read:
SB70-AA10,102,6
1175.35 (2g) (b) 2. The department of justice shall ensure that each notification
2form under subd. 1. requires the transferee to indicate that he or she is not
3purchasing receiving a transfer of the firearm with the purpose or intent to transfer
4the firearm to a person who is prohibited from possessing a firearm under state or
5federal law and that each notification form informs the transferee that making a
6false statement with regard to this purpose or intent is a Class H felony.
SB70-AA10,173 7Section 173. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
8amended to read:
SB70-AA10,102,119 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each
10firearms restrictions record search that the firearms dealer requests under sub. (2)
11(c) (cm) 3.
SB70-AA10,102,12 12(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
SB70-AA10,102,15 13(c) The department may refuse to conduct firearms restrictions record searches
14for any firearms dealer who fails to pay any fee under this subsection par. (a) within
1530 days after billing by the department.
SB70-AA10,174 16Section 174. 175.35 (2i) (b) 2. of the statutes is created to read:
SB70-AA10,102,1917 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
18may collect from the transferor the fee under par. (a) and any additional amount to
19cover any costs he or she incurs in processing the transfer.
SB70-AA10,175 20Section 175. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
SB70-AA10,176 21Section 176. 175.35 (2j) (b) of the statutes is created to read:
SB70-AA10,102,2522 175.35 (2j) (b) If a person transfers a firearm through a firearms dealer under
23sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall
24provide the person a written receipt documenting the dealer's participation in the
25transfer.
SB70-AA10,177
1Section 177. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB70-AA10,103,92 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a)
3against the information recorded by the department regarding the corresponding
4request for a firearms restrictions record search under sub. (2g). If the department
5previously provided a unique approval number regarding the request and nothing
6in the completed notification form indicates that the transferee is prohibited from
7possessing a firearm under s. 941.29, the department shall destroy all records
8regarding that firearms restrictions record search within 30 days after receiving the
9notification form.
SB70-AA10,178 10Section 178. 175.35 (2k) (c) 2. a. of the statutes is amended to read:
SB70-AA10,103,1311 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
12is conducting an investigation of a crime in which a handgun firearm was used or was
13attempted to be used or was unlawfully possessed.
SB70-AA10,179 14Section 179. 175.35 (2k) (c) 2. b. of the statutes is amended to read:
SB70-AA10,103,1815 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority
16within the Wisconsin law enforcement agency that he or she has a reasonable
17suspicion that the person who is the subject of the information request has obtained
18or is attempting to obtain a handgun firearm.
SB70-AA10,180 19Section 180. 175.35 (2k) (g) of the statutes is amended to read:
SB70-AA10,103,2320 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the
21transferee is prohibited from possessing a firearm under s. 941.29, the attorney
22general or his or her designee may disclose to a law enforcement agency that the
23transferee has attempted to obtain a handgun firearm.
SB70-AA10,181 24Section 181. 175.35 (2k) (h) of the statutes is amended to read:
SB70-AA10,104,6
1175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge
2without a recorded disposition and the attorney general or his or her designee has
3reasonable grounds to believe the transferee may pose a danger to himself, herself
4or another, the attorney general or his or her designee may disclose to a law
5enforcement agency that the transferee has obtained or has attempted to obtain a
6handgun firearm.
SB70-AA10,182 7Section 182. 175.35 (2L) of the statutes is amended to read:
SB70-AA10,104,148 175.35 (2L) The department of justice shall promulgate rules providing for the
9review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
10to purchase receive a transfer of a handgun firearm because the firearms dealer
11received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms
12restrictions record search review under those rules. If the person disagrees with the
13results of that review, the person may file an appeal under rules promulgated by the
14department.
SB70-AA10,183 15Section 183. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
SB70-AA10,104,1716 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by
17regulations of the U.S. department of the treasury.
SB70-AA10,104,1918 (b) Transfers of any handgun firearm between firearms dealers or between
19wholesalers and dealers.
SB70-AA10,104,2120 (c) Transfers of any handgun firearm to law enforcement or armed services
21agencies.
SB70-AA10,184 22Section 184. 175.35 (3) (b) 2. of the statutes is amended to read:
SB70-AA10,105,323 175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing false
24information regarding whether he or she is purchasing receiving a transfer of the
25firearm with the purpose or intent to transfer the firearm to another who the person

1knows or reasonably should know is prohibited from possessing a firearm under
2state or federal law is guilty of a Class H felony. The penalty shall include a fine that
3is not less than $500.
SB70-AA10,185 4Section 185. 175.60 (7) (d) of the statutes is amended to read:
SB70-AA10,105,65 175.60 (7) (d) A fee for a background check that is equal to the fee charged under
6s. 175.35 (2i) (a).
SB70-AA10,186 7Section 186. 175.60 (15) (b) 4. b. of the statutes is amended to read:
SB70-AA10,105,98 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged
9under s. 175.35 (2i) (a).
SB70-AA10,187 10Section 187. 938.208 (1) (b) of the statutes is amended to read:
SB70-AA10,105,1511 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed,
12used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d),
13short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
14defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
15under ch. 940 if committed by an adult.
SB70-AA10,188 16Section 188. 938.34 (4m) (b) 2. of the statutes is amended to read:
SB70-AA10,105,2117 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a
18handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
19defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
20while committing a delinquent act that would be a felony under ch. 940 if committed
21by an adult.
SB70-AA10,189 22Section 189. 938.341 of the statutes is amended to read:
SB70-AA10,106,2 23938.341 Delinquency adjudication; restriction on firearm possession.
24Whenever a court adjudicates a juvenile delinquent for an act that if committed by

1an adult in this state would be a felony or for a violation under s. 175.33 (2), the court
2shall inform the juvenile of the requirements and penalties under s. 941.29.
SB70-AA10,190 3Section 190. 941.237 (1) (d) of the statutes is amended to read:
SB70-AA10,106,74 941.237 (1) (d) “Handgun" has the meaning given in s. 175.35 (1) (b) means any
5weapon designed or redesigned, or made or remade, and intended to be fired while
6held in one hand and to use the energy of an explosive to expel a projectile through
7a smooth or rifled bore
.
SB70-AA10,191 8Section 191. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:
SB70-AA10,106,109 941.29 (1m) (dm) The person has been convicted of a misdemeanor under s.
10175.33 (2), unless at least 2 years have passed since the conviction.
SB70-AA10,106,1211 (dn) The person has been adjudicated delinquent for a violation under s. 175.33
12(2), unless at least 2 years have passed since the adjudication.
SB70-AA10,106,1513 (do) The person has been found not guilty of a misdemeanor under s. 175.33 (2)
14by reason of mental disease or defect, unless at least 2 years have passed since the
15finding.
SB70-AA10,192 16Section 192. 941.296 (1) (b) of the statutes is amended to read:
SB70-AA10,106,1817 941.296 (1) (b) “Handgun" has the meaning given in s. 175.35 (1) (b) 941.237
18(1) (d)
.
SB70-AA10,193 19Section 193. 968.20 (3) (b) of the statutes is amended to read:
SB70-AA10,107,1820 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village,
21town or county or other custodian of a seized dangerous weapon or ammunition, if
22the dangerous weapon or ammunition is not required for evidence or use in further
23investigation and has not been disposed of pursuant to a court order at the
24completion of a criminal action or proceeding, shall make reasonable efforts to notify
25all persons who have or may have an authorized rightful interest in the dangerous

1weapon or ammunition of the application requirements under sub. (1). If, within 30
2days after the notice, an application under sub. (1) is not made and the seized
3dangerous weapon or ammunition is not returned by the officer under sub. (2), the
4city, village, town or county or other custodian may retain the dangerous weapon or
5ammunition and authorize its use by a law enforcement agency, except that a
6dangerous weapon used in the commission of a homicide or a handgun, as defined
7in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other
8than a firearm is not so retained, the city, village, town or county or other custodian
9shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor
10vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure
11under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village,
12town or county or other custodian shall ship it to the state crime laboratories and it
13is then the property of the laboratories. A person designated by the department of
14justice may destroy any material for which the laboratories have no use or arrange
15for the exchange of material with other public agencies. In lieu of destruction,
16shoulder weapons for which the laboratory has no use shall be turned over to the
17department of natural resources for sale and distribution of proceeds under s. 29.934
18or for use under s. 29.938.
SB70-AA10,194 19Section 194. 971.17 (1g) of the statutes is amended to read:
SB70-AA10,107,2320 971.17 (1g) Notice of restriction on firearm possession. If the defendant
21under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (2), by
22reason of mental disease or defect, the court shall inform the defendant of the
23requirements and penalties under s. 941.29.
SB70-AA10,195 24Section 195. 973.176 (1) of the statutes is amended to read:
SB70-AA10,108,5
1973.176 (1) Firearm possession. Whenever a court imposes a sentence or
2places a defendant on probation regarding a felony conviction or regarding a
3conviction for a misdemeanor under s. 175.33 (2)
, the court shall inform the
4defendant of the requirements and penalties applicable to him or her under s. 941.29
5(1m) or (4m).
SB70-AA10,9327 6Section 9327. Initial applicability; Justice.
SB70-AA10,108,117 (1fa) Transfers of firearms. The treatment of ss. 175.33 and 175.35 (1) (at)
8(with respect to background checks for transfers of firearms that are not handguns)
9and (br) and (2) (intro.), (a), (b), (bm), (c), (cm) (intro.), and (d), the renumbering of
10s. 175.35 (2j), and the creation of s. 175.35 (2j) (b) first apply to transfers that occur
11on the effective date of this subsection.
SB70-AA10,9427 12Section 9427. Effective dates; Justice.
SB70-AA10,108,2113 (1fa) Transfers of firearms. The treatment of ss. 20.455 (2) (gr), 175.33, 175.35
14(title), (1) (at) (by Section 163 ), (b), and (br), (2) (intro.), (a), (b), (bm), (c), (cm) (intro.),
15and (d), (2g) (a) and (b) 1. and 2., (2k) (ar) 2., (c) 2. a. and b., (g), and (h), (2L), (2t) (a),
16(b), and (c), (3) (b) 2., (7) (d), and (15) (b) 4. b., 938.208 (1) (b), 938.34 (4m) (b) 2.,
17938.341, 941.237 (1) (d), 941.29 (1m) (dm), (dn), and (do), 941.296 (1) (b), 968.20 (3)
18(b), 971.17 (1g), and 973.176 (1), the renumbering of s. 175.35 (2j), the renumbering
19and amendment of s. 175.35 (2i), and the creation of s. 175.35 (2i) (b) 2. and (2j) (b)
20and Section 9327 (1 fa) of this act take effect on the first day of the 7th month
21beginning after publication.”.
SB70-AA10,108,22 22249. Page 374, line 11: after that line insert:
SB70-AA10,108,23 23 Section 196. 165.25 (11) of the statutes is repealed.”.
SB70-AA10,108,24 24250. Page 374, line 11: after that line insert:
SB70-AA10,109,1
1 Section 197. 756.04 (2) (b) of the statutes is amended to read:
SB70-AA10,109,182 756.04 (2) (b) Each year, on a date agreed upon with the office of the director
3of state courts, the department of transportation shall compile a list that includes the
4name, address, county, date of birth, race, gender, identification number and renewal
5date of each person residing in the state who is licensed as a motor vehicle operator
6under ch. 343 or who has received an identification card under s. 343.50 or 343.51,
7and social security number, as permitted by law and any record sharing agreement
8between the department of transportation and the office of the director of state
9courts. The office of the director of state courts shall establish the format of the list
10by agreement with the department of transportation. The department of
11transportation shall transmit the list without charge to the office of the director of
12state courts, without charge. and to the clerks of court for the district courts of the
13United States within this state. If the department of transportation does not have
14a record sharing agreement with the clerk of court for a district court that requires
15the clerk of court to keep prospective jurors' identification numbers, renewal dates,
16and social security numbers confidential and secure from unauthorized access, the
17department of transportation shall redact that information from the list the
18department of transportation transmits to the clerk of court.
”.
SB70-AA10,109,19 19251. Page 374, line 11: after that line insert:
SB70-AA10,109,20 20 Section 198. 165.63 (3) of the statutes is amended to read:
SB70-AA10,109,2421 165.63 (3) Requests from courts. In making a determination required under
22s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner
23shall request information under sub. (2) from the department or from a law
24enforcement agency or law enforcement officer as provided in sub. (4) (d).
SB70-AA10,199
1Section 199. 165.63 (4) (d) of the statutes is amended to read:
SB70-AA10,110,42 165.63 (4) (d) Aid the court in making a determination required under s.
3813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a
4determination required under s. 968.20 (1m) (d) 2.
SB70-AA10,200 5Section 200. 175.35 (1) (at) of the statutes is amended to read:
SB70-AA10,110,226 175.35 (1) (at) “Firearms restrictions record search" means a search of
7department of justice records to determine whether a person seeking to purchase a
8handgun is prohibited from possessing a firearm under s. 941.29. “Firearms
9restrictions record search" includes a criminal history record search, a search to
10determine whether a person is prohibited from possessing a firearm under s. 51.20
11(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
12system to determine whether a person has been ordered not to possess a firearm
13under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
14to determine whether the person is subject to an injunction under s. 813.12 or
15813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
16established by any federally recognized Wisconsin Indian tribe or band, except the
17Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
18or she is subject to the requirements and penalties under s. 941.29 and that has been
19filed with the circuit court under s. 813.128 (3g), a search to determine whether the
20person is subject to a temporary restraining order or injunction under s. 813.124,
and
21a search to determine whether the person is prohibited from possessing a firearm
22under s. 813.123 (5m) or 813.125 (4m).
SB70-AA10,201 23Section 201. 175.60 (9g) (a) 2. of the statutes is amended to read:
SB70-AA10,111,1724 175.60 (9g) (a) 2. The department shall conduct a criminal history record
25search and shall search its records and conduct a search in the national instant

1criminal background check system to determine whether the applicant is prohibited
2from possessing a firearm under federal law; whether the applicant is prohibited
3from possessing a firearm under s. 941.29; whether the applicant is prohibited from
4possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
5has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
654.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
7under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
8by a court established by any federally recognized Wisconsin Indian tribe or band,
9except the Menominee Indian tribe of Wisconsin, that includes notice to the
10respondent that he or she is subject to the requirements and penalties under s.
11941.29 and that has been filed with the circuit court under s. 813.128 (3g); whether
12the applicant is subject to a temporary restraining order or injunction under s.
13813.124;
and whether the applicant is prohibited from possessing a firearm under
14s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the
15applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1)
16(c) and if the applicant is prohibited from possessing a dangerous weapon as a
17condition of release under s. 969.01.
SB70-AA10,202 18Section 202. 175.60 (11) (a) 2. f. of the statutes is amended to read:
SB70-AA10,111,2119 175.60 (11) (a) 2. f. The individual becomes subject to an a temporary
20restraining order or
injunction described in s. 941.29 (1m) (f) or is ordered not to
21possess a firearm under s. 813.123 (5m) or 813.125 (4m).
SB70-AA10,203 22Section 203. 801.50 (5sb) of the statutes is created to read:
SB70-AA10,111,2423 801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in which
24the cause of action arose or where the petitioner or the respondent resides.
SB70-AA10,204 25Section 204. 801.58 (2m) of the statutes is amended to read:
SB70-AA10,112,8
1801.58 (2m) If, under sub. (2), the judge determines that the request for
2substitution was made timely and in proper form, any ex parte order granted by the
3original judge remains in effect according to the terms, except that a temporary
4restraining order issued under s. 813.12 (3), 813.122 (4), 813.123 (4), 813.124 (2t), or
5813.125 (3) by the original judge is extended until the newly assigned judge holds a
6hearing on the issuance of an injunction. The newly assigned judge shall hear any
7subsequent motion to modify or vacate any ex parte order granted by the original
8judge.
SB70-AA10,205 9Section 205. 813.06 of the statutes is amended to read:
SB70-AA10,112,18 10813.06 Security for damages. In proceedings under s. 767.225 the court or
11judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122,
12813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party
13seeking an injunction, with sureties, to the effect that he or she will pay to the party
14enjoined such damages, not exceeding an amount to be specified, as he or she may
15sustain by reason of the injunction if the court finally decides that the party was not
16entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon
17the party enjoined and the officer serving the same shall, within 8 days after such
18service, file his or her return in the office of the clerk of the court.
SB70-AA10,206 19Section 206. 813.124 of the statutes is created to read:
SB70-AA10,112,21 20813.124 Extreme risk protection temporary restraining orders and
21injunctions.
(1) Definitions. In this section:
SB70-AA10,112,2222 (a) “Family or household member” means any of the following:
SB70-AA10,112,2323 1. A person related by blood, adoption, or marriage to the respondent.
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