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LRBa1159/1
CMH:cjs&amn
2021 - 2022 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 495
January 20, 2022 - Offered by Representatives Neubauer, Stubbs and Andraca.
AB495-AA1,1,11 At the locations indicated, amend the bill as follows:
AB495-AA1,1,4 21. Page 1, line 4: after “weapon" insert “, background checks requirement
3before transfers of firearms, training requirements for a license to carry a concealed
4weapon, and providing a penalty".
AB495-AA1,1,5 52. Page 1, line 5: before that line insert:
AB495-AA1,1,6 6 Section 1b. 20.455 (2) (gr) of the statutes is amended to read:
AB495-AA1,1,107 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or
8certifications to carry concealed weapons.
All moneys received as fee payments under
9ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and
10b. to provide services under ss. 175.35, 175.49, and 175.60.
AB495-AA1,1d 11Section 1d. 175.33 of the statutes is created to read:
AB495-AA1,1,12 12175.33 Transfer of firearms. (1) In this section:
AB495-AA1,2,2
1(a) “Family member" means a spouse, parent, grandparent, sibling, child, or
2grandchild. The relationship may be by blood, marriage, or adoption.
AB495-AA1,2,33 (b) “Firearm” includes the frame or receiver of a firearm.
AB495-AA1,2,44 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB495-AA1,2,55 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).
AB495-AA1,2,7 6(2) No person may transfer ownership of a firearm, or be transferred ownership
7of a firearm, unless one of the following applies:
AB495-AA1,2,88 (a) The transferor is a firearms dealer.
AB495-AA1,2,109 (b) The transferor makes the transfer through a firearms dealer and obtains
10a receipt under s. 175.35 (2j) (b).
AB495-AA1,2,1211 (c) The transfer of ownership of the firearm is one of the transfers listed under
12s. 175.35 (2t).
AB495-AA1,2,1513 (d) The transferor is transferring ownership of the firearm to a family member
14by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
15firearm under state or federal law, and the transferee is at least 18 years of age.
AB495-AA1,2,18 16(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
17and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
18for not more than 9 months.
AB495-AA1,1e 19Section 1e. 175.35 (title) of the statutes is amended to read:
AB495-AA1,2,20 20175.35 (title) Purchase Transfer of handguns firearms.
AB495-AA1,1f 21Section 1f. 175.35 (1) (at) of the statutes is amended to read:
AB495-AA1,3,1222 175.35 (1) (at) “Firearms restrictions record search" means a search of
23department of justice records to determine whether a person seeking to purchase be
24transferred
a handgun firearm is prohibited from possessing a firearm under s.
25941.29. “Firearms restrictions record search" includes a criminal history record

1search, a search to determine whether a person is prohibited from possessing a
2firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant
3criminal background check system to determine whether a person has been ordered
4not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or
555.12 (10) (a), a search to determine whether the person is subject to an injunction
6under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
7by a court established by any federally recognized Wisconsin Indian tribe or band,
8except the Menominee Indian tribe of Wisconsin, that includes notice to the
9respondent that he or she is subject to the requirements and penalties under s.
10941.29 and that has been filed with the circuit court under s. 813.128 (3g), and a
11search to determine whether the person is prohibited from possessing a firearm
12under s. 813.123 (5m) or 813.125 (4m).
AB495-AA1,1g 13Section 1g. 175.35 (1) (b) of the statutes is repealed.
AB495-AA1,1h 14Section 1h. 175.35 (1) (br) of the statutes is created to read:
AB495-AA1,3,1815 175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away,
16or otherwise dispose of. “Transfer” does not include a transfer that is intended to be
17temporary if neither the transferor nor the transferee is prohibited from possessing
18a firearm under s. 941.29 and the purpose of the transfer is not prohibited by law.
AB495-AA1,1i 19Section 1i. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
20amended to read:
AB495-AA1,3,2421 175.35 (2) (am) When a firearms dealer sells transfers a handgun firearm,
22including the frame or receiver of a firearm
, he or she may not transfer possession
23of that handgun firearm to any other person until all of the following have occurred:
24requirements under par. (cm) have been met.
AB495-AA1,1j
1Section 1j. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
2(2) (cm) 1., 2., 3. and 4.
AB495-AA1,1k 3Section 1k. 175.35 (2) (bm) of the statutes is created to read:
AB495-AA1,4,64 175.35 (2) (bm) When a person transfers a firearm, including the frame or
5receiver of a firearm, through a firearms dealer, the transfer of possession of that
6firearm may not be made until all of the requirements of par. (cm) have been met.
AB495-AA1,1L 7Section 1L. 175.35 (2) (cm) (intro.) of the statutes is created to read:
AB495-AA1,4,98 175.35 (2) (cm) (intro.) All of the following must occur before a transfer of a
9firearm occurs under par. (am) or (bm):
AB495-AA1,1m 10Section 1m. 175.35 (2g) (a) of the statutes is amended to read:
AB495-AA1,4,1311 175.35 (2g) (a) The department of justice shall promulgate rules prescribing
12procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
13dealer to inspect identification containing a photograph of the transferee.
AB495-AA1,1n 14Section 1n. 175.35 (2g) (b) 1. of the statutes is amended to read:
AB495-AA1,4,2015 175.35 (2g) (b) 1. The department of justice shall promulgate rules prescribing
16a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to
17provide his or her name, date of birth, gender, race and social security number and
18other identification necessary to permit an accurate firearms restrictions record
19search under par. (c) 3. and the required notification under par. (c) 4. The department
20of justice shall make the forms available at locations throughout the state.
AB495-AA1,1o 21Section 1o. 175.35 (2g) (b) 2. of the statutes is amended to read:
AB495-AA1,5,222 175.35 (2g) (b) 2. The department of justice shall ensure that each notification
23form under subd. 1. requires the transferee to indicate that he or she is not
24purchasing receiving a transfer of the firearm with the purpose or intent to transfer
25the firearm to a person who is prohibited from possessing a firearm under state or

1federal law and that each notification form informs the transferee that making a
2false statement with regard to this purpose or intent is a Class H felony.
AB495-AA1,1p 3Section 1p. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
4amended to read:
AB495-AA1,5,75 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each
6firearms restrictions record search that the firearms dealer requests under sub. (2)
7(c) (cm) 3.
AB495-AA1,5,8 8(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
AB495-AA1,5,11 9(c) The department may refuse to conduct firearms restrictions record searches
10for any firearms dealer who fails to pay any fee under this subsection par. (a) within
1130 days after billing by the department.
AB495-AA1,1q 12Section 1q. 175.35 (2i) (b) 2. of the statutes is created to read:
AB495-AA1,5,1513 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
14may collect from the transferor the fee under par. (a) and any additional amount to
15cover any costs he or she incurs in processing the transfer.
AB495-AA1,1r 16Section 1r. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
AB495-AA1,1s 17Section 1s. 175.35 (2j) (b) of the statutes is created to read:
AB495-AA1,5,2118 175.35 (2j) (b) If a person transfers a firearm through a firearms dealer under
19sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall
20provide the person a written receipt documenting the dealer's participation in the
21transfer.
AB495-AA1,1t 22Section 1t. 175.35 (2k) (ar) 2. of the statutes is amended to read:
AB495-AA1,6,523 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a)
24against the information recorded by the department regarding the corresponding
25request for a firearms restrictions record search under sub. (2g). If the department

1previously provided a unique approval number regarding the request and nothing
2in the completed notification form indicates that the transferee is prohibited from
3possessing a firearm under s. 941.29, the department shall destroy all records
4regarding that firearms restrictions record search within 30 days after receiving the
5notification form.
AB495-AA1,1u 6Section 1u. 175.35 (2k) (c) 2. a. of the statutes is amended to read:
AB495-AA1,6,97 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
8is conducting an investigation of a crime in which a handgun firearm was used or was
9attempted to be used or was unlawfully possessed.
AB495-AA1,1v 10Section 1v. 175.35 (2k) (c) 2. b. of the statutes is amended to read:
AB495-AA1,6,1411 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority
12within the Wisconsin law enforcement agency that he or she has a reasonable
13suspicion that the person who is the subject of the information request has obtained
14or is attempting to obtain a handgun firearm.
AB495-AA1,1w 15Section 1w. 175.35 (2k) (g) of the statutes is amended to read:
AB495-AA1,6,1916 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the
17transferee is prohibited from possessing a firearm under s. 941.29, the attorney
18general or his or her designee may disclose to a law enforcement agency that the
19transferee has attempted to obtain a handgun firearm.
AB495-AA1,1x 20Section 1x. 175.35 (2k) (h) of the statutes is amended to read:
AB495-AA1,7,221 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge
22without a recorded disposition and the attorney general or his or her designee has
23reasonable grounds to believe the transferee may pose a danger to himself, herself
24or another, the attorney general or his or her designee may disclose to a law

1enforcement agency that the transferee has obtained or has attempted to obtain a
2handgun firearm.
AB495-AA1,1y 3Section 1y. 175.35 (2L) of the statutes is amended to read:
AB495-AA1,7,104 175.35 (2L) The department of justice shall promulgate rules providing for the
5review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
6to purchase receive a transfer of a handgun firearm because the firearms dealer
7received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms
8restrictions record search review under those rules. If the person disagrees with the
9results of that review, the person may file an appeal under rules promulgated by the
10department.
AB495-AA1,1yc 11Section 1yc. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
AB495-AA1,7,1312 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by
13regulations of the U.S. department of the treasury.
AB495-AA1,7,1514 (b) Transfers of any handgun firearm between firearms dealers or between
15wholesalers and dealers.
AB495-AA1,7,1716 (c) Transfers of any handgun firearm to law enforcement or armed services
17agencies.
AB495-AA1,1yd 18Section 1yd. 175.35 (3) (b) 2. of the statutes is amended to read:
AB495-AA1,7,2419 175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing false
20information regarding whether he or she is purchasing receiving a transfer of the
21firearm with the purpose or intent to transfer the firearm to another who the person
22knows or reasonably should know is prohibited from possessing a firearm under
23state or federal law is guilty of a Class H felony. The penalty shall include a fine that
24is not less than $500.”.
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