Amendment AA1-AB495

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-AA1,1,1 At the locations indicated, amend the bill as follows:

AB495-AA1,1,4 1. Page 1, line 4: after “weapon" insert “, background checks requirement before transfers of firearms, training requirements for a license to carry a concealed weapon, and providing a penalty".

AB495-AA1,1,5 2. Page 1, line 5: before that line insert:

AB495-AA1,1,6 “ Section 1b. 20.455 (2) (gr) of the statutes is amended to read:

AB495-AA1,1,10 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or certifications to carry concealed weapons. All moneys received as fee payments under ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. to provide services under ss. 175.35, 175.49, and 175.60.

AB495-AA1,1d Section 1d. 175.33 of the statutes is created to read:

AB495-AA1,1,12 175.33 Transfer of firearms. (1) In this section:

AB495-AA1,2,2 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

AB495-AA1,2,3 (b) “Firearm” includes the frame or receiver of a firearm.

AB495-AA1,2,4 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

AB495-AA1,2,5 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).

AB495-AA1,2,7 (2) No person may transfer ownership of a firearm, or be transferred ownership of a firearm, unless one of the following applies:

AB495-AA1,2,8 (a) The transferor is a firearms dealer.

AB495-AA1,2,10 (b) The transferor makes the transfer through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

AB495-AA1,2,12 (c) The transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

AB495-AA1,2,15 (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.

AB495-AA1,2,18 (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.

AB495-AA1,1e Section 1e. 175.35 (title) of the statutes is amended to read:

AB495-AA1,2,20 175.35 (title) Purchase Transfer of handguns firearms.

AB495-AA1,1f Section 1f. 175.35 (1) (at) of the statutes is amended to read:

AB495-AA1,3,12 175.35 (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), and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

AB495-AA1,1g Section 1g. 175.35 (1) (b) of the statutes is repealed.

AB495-AA1,1h Section 1h. 175.35 (1) (br) of the statutes is created to read:

AB495-AA1,3,18 175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away, or otherwise dispose of. “Transfer” does not include a transfer that is intended to be temporary if neither the transferor nor the transferee is prohibited from possessing a firearm under s. 941.29 and the purpose of the transfer is not prohibited by law.

AB495-AA1,1i Section 1i. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and amended to read:

AB495-AA1,3,24 175.35 (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.

AB495-AA1,1j Section 1j. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35 (2) (cm) 1., 2., 3. and 4.

AB495-AA1,1k Section 1k. 175.35 (2) (bm) of the statutes is created to read:

AB495-AA1,4,6 175.35 (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.

AB495-AA1,1L Section 1L. 175.35 (2) (cm) (intro.) of the statutes is created to read:

AB495-AA1,4,9 175.35 (2) (cm) (intro.) All of the following must occur before a transfer of a firearm occurs under par. (am) or (bm):

AB495-AA1,1m Section 1m. 175.35 (2g) (a) of the statutes is amended to read:

AB495-AA1,4,13 175.35 (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.

AB495-AA1,1n Section 1n. 175.35 (2g) (b) 1. of the statutes is amended to read:

AB495-AA1,4,20 175.35 (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.

AB495-AA1,1o Section 1o. 175.35 (2g) (b) 2. of the statutes is amended to read:

AB495-AA1,5,2 175.35 (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.

AB495-AA1,1p Section 1p. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

AB495-AA1,5,7 175.35 (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.

AB495-AA1,5,8 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.

AB495-AA1,5,11 (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.

AB495-AA1,1q Section 1q. 175.35 (2i) (b) 2. of the statutes is created to read:

AB495-AA1,5,15 175.35 (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.

AB495-AA1,1r Section 1r. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

AB495-AA1,1s Section 1s. 175.35 (2j) (b) of the statutes is created to read:

AB495-AA1,5,21 175.35 (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.

AB495-AA1,1t Section 1t. 175.35 (2k) (ar) 2. of the statutes is amended to read:

AB495-AA1,6,5 175.35 (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.

AB495-AA1,1u Section 1u. 175.35 (2k) (c) 2. a. of the statutes is amended to read:

AB495-AA1,6,9 175.35 (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.

AB495-AA1,1v Section 1v. 175.35 (2k) (c) 2. b. of the statutes is amended to read:

AB495-AA1,6,14 175.35 (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.

AB495-AA1,1w Section 1w. 175.35 (2k) (g) of the statutes is amended to read:

AB495-AA1,6,19 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29, 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.

AB495-AA1,1x Section 1x. 175.35 (2k) (h) of the statutes is amended to read:

AB495-AA1,7,2 175.35 (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.

AB495-AA1,1y Section 1y. 175.35 (2L) of the statutes is amended to read:

AB495-AA1,7,10 175.35 (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.

AB495-AA1,1yc Section 1yc. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

AB495-AA1,7,13 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

AB495-AA1,7,15 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

AB495-AA1,7,17 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

AB495-AA1,1yd Section 1yd. 175.35 (3) (b) 2. of the statutes is amended to read:

AB495-AA1,7,24 175.35 (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.”.