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SB70-SSA2-SA2,297,12 12276. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,297,13 13 Section 648. 20.455 (2) (gr) of the statutes is amended to read:
SB70-SSA2-SA2,297,1714 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or
15certifications to carry concealed weapons.
All moneys received as fee payments under
16ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and
17b. to provide services under ss. 175.35, 175.49, and 175.60.
SB70-SSA2-SA2,649 18Section 649. 175.33 of the statutes is created to read:
SB70-SSA2-SA2,297,19 19175.33 Transfer of firearms. (1) In this section:
SB70-SSA2-SA2,297,2120 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or
21grandchild. The relationship may be by blood, marriage, or adoption.
SB70-SSA2-SA2,297,2222 (b) “Firearm” includes the frame or receiver of a firearm.
SB70-SSA2-SA2,297,2323 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB70-SSA2-SA2,297,2424 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).
SB70-SSA2-SA2,298,2
1(2) No person may transfer ownership of a firearm, or be transferred ownership
2of a firearm, unless one of the following applies:
SB70-SSA2-SA2,298,33 (a) The transferor is a firearms dealer.
SB70-SSA2-SA2,298,54 (b) The transferor makes the transfer to or through a firearms dealer and
5obtains a receipt under s. 175.35 (2j) (b).
SB70-SSA2-SA2,298,76 (c) The transfer of ownership of the firearm is one of the transfers listed under
7s. 175.35 (2t).
SB70-SSA2-SA2,298,108 (d) The transferor is transferring ownership of the firearm to a family member
9by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
10firearm under state or federal law, and the transferee is at least 18 years of age.
SB70-SSA2-SA2,298,1511 (e) The transferor is transferring the firearm with the intent that the transfer
12is for the purpose of hunting or target shooting if the transfer is for no longer than
1314 days, the transferor did not receive in exchange for the transfer more than
14nominal consideration, the transferee is not prohibited from possessing a firearm
15under state or federal law, and the transfer is not otherwise prohibited by law.
SB70-SSA2-SA2,298,19 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. The person is also prohibited under s. 941.29 from
19possessing a firearm for a period of 2 years.
SB70-SSA2-SA2,650 20Section 650. 175.35 (title) of the statutes is amended to read:
SB70-SSA2-SA2,298,21 21175.35 (title) Purchase Transfer of handguns firearms.
SB70-SSA2-SA2,651 22Section 651 . 175.35 (1) (at) of the statutes, as affected by 2023 Wisconsin Act
23.... (this act), is amended to read:
SB70-SSA2-SA2,299,1424 175.35 (1) (at) “Firearms restrictions record search" means a search of
25department of justice records to determine whether a person seeking to purchase be

1transferred
a handgun firearm is prohibited from possessing a firearm under s.
2941.29. “Firearms restrictions record search" includes a criminal history record
3search, a search to determine whether a person is prohibited from possessing a
4firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant
5criminal background check system to determine whether a person has been ordered
6not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or
755.12 (10) (a), a search to determine whether the person is subject to an injunction
8under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
9by a court established by any federally recognized Wisconsin Indian tribe or band,
10except the Menominee Indian tribe of Wisconsin, that includes notice to the
11respondent that he or she is subject to the requirements and penalties under s.
12941.29 and that has been filed with the circuit court under s. 813.128 (3g), and a
13search to determine whether the person is prohibited from possessing a firearm
14under s. 813.123 (5m) or 813.125 (4m).
SB70-SSA2-SA2,652 15Section 652. 175.35 (1) (b) of the statutes is repealed.
SB70-SSA2-SA2,653 16Section 653. 175.35 (1) (br) of the statutes is created to read:
SB70-SSA2-SA2,299,1817 175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away,
18or otherwise dispose of.
SB70-SSA2-SA2,654 19Section 654. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am)
20and amended to read:
SB70-SSA2-SA2,299,2421 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.
SB70-SSA2-SA2,655
1Section 655. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered
2175.35 (2) (cm) 1., 2., 3. and 4.
SB70-SSA2-SA2,656 3Section 656. 175.35 (2) (bm) of the statutes is created to read:
SB70-SSA2-SA2,300,64 175.35 (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.
SB70-SSA2-SA2,657 7Section 657. 175.35 (2) (cm) (intro.) of the statutes is created to read:
SB70-SSA2-SA2,300,98 175.35 (2) (cm) (intro.) All of the following must occur before a transfer of a
9firearm occurs under par. (am) or (bm):
SB70-SSA2-SA2,658 10Section 658. 175.35 (2g) (a) of the statutes is amended to read:
SB70-SSA2-SA2,300,1311 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.
SB70-SSA2-SA2,659 14Section 659. 175.35 (2g) (b) 1. of the statutes is amended to read:
SB70-SSA2-SA2,300,2015 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.
SB70-SSA2-SA2,660 21Section 660. 175.35 (2g) (b) 2. of the statutes is amended to read:
SB70-SSA2-SA2,301,222 175.35 (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.
SB70-SSA2-SA2,661 3Section 661. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
4amended to read:
SB70-SSA2-SA2,301,75 175.35 (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.
SB70-SSA2-SA2,301,8 8(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
SB70-SSA2-SA2,301,11 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.
SB70-SSA2-SA2,662 12Section 662. 175.35 (2i) (b) 2. of the statutes is created to read:
SB70-SSA2-SA2,301,1513 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.
SB70-SSA2-SA2,663 16Section 663. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
SB70-SSA2-SA2,664 17Section 664. 175.35 (2j) (b) of the statutes is created to read:
SB70-SSA2-SA2,301,2118 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.
SB70-SSA2-SA2,665 22Section 665. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB70-SSA2-SA2,302,523 175.35 (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.
SB70-SSA2-SA2,666 6Section 666. 175.35 (2k) (c) 2. a. of the statutes is amended to read:
SB70-SSA2-SA2,302,97 175.35 (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.
SB70-SSA2-SA2,667 10Section 667. 175.35 (2k) (c) 2. b. of the statutes is amended to read:
SB70-SSA2-SA2,302,1411 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.
SB70-SSA2-SA2,668 15Section 668. 175.35 (2k) (g) of the statutes is amended to read:
SB70-SSA2-SA2,302,1916 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.
SB70-SSA2-SA2,669 20Section 669. 175.35 (2k) (h) of the statutes is amended to read:
SB70-SSA2-SA2,303,221 175.35 (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.
SB70-SSA2-SA2,670 3Section 670. 175.35 (2L) of the statutes is amended to read:
SB70-SSA2-SA2,303,104 175.35 (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.
SB70-SSA2-SA2,671 11Section 671. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
SB70-SSA2-SA2,303,1312 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by
13regulations of the U.S. department of the treasury.
SB70-SSA2-SA2,303,1514 (b) Transfers of any handgun firearm between firearms dealers or between
15wholesalers and dealers.
SB70-SSA2-SA2,303,1716 (c) Transfers of any handgun firearm to law enforcement or armed services
17agencies.
SB70-SSA2-SA2,672 18Section 672. 175.35 (3) (b) 2. of the statutes is amended to read:
SB70-SSA2-SA2,303,2419 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.
SB70-SSA2-SA2,673 25Section 673. 175.60 (7) (d) of the statutes is amended to read:
SB70-SSA2-SA2,304,2
1175.60 (7) (d) A fee for a background check that is equal to the fee charged under
2s. 175.35 (2i) (a).
SB70-SSA2-SA2,674 3Section 674. 175.60 (15) (b) 4. b. of the statutes is amended to read:
SB70-SSA2-SA2,304,54 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged
5under s. 175.35 (2i) (a).
SB70-SSA2-SA2,675 6Section 675. 938.208 (1) (b) of the statutes is amended to read:
SB70-SSA2-SA2,304,117 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed,
8used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d),
9short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
10defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
11under ch. 940 if committed by an adult.
SB70-SSA2-SA2,676 12Section 676. 938.34 (4m) (b) 2. of the statutes is amended to read:
SB70-SSA2-SA2,304,1713 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a
14handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
15defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
16while committing a delinquent act that would be a felony under ch. 940 if committed
17by an adult.
SB70-SSA2-SA2,677 18Section 677. 938.341 of the statutes is amended to read:
SB70-SSA2-SA2,304,22 19938.341 Delinquency adjudication; restriction on firearm possession.
20Whenever a court adjudicates a juvenile delinquent for an act that if committed by
21an adult in this state would be a felony or for a violation under s. 175.33 (2), the court
22shall inform the juvenile of the requirements and penalties under s. 941.29.
SB70-SSA2-SA2,678 23Section 678. 941.237 (1) (d) of the statutes is amended to read:
SB70-SSA2-SA2,305,224 941.237 (1) (d) “Handgun" has the meaning given in s. 175.35 (1) (b) means any
25weapon designed or redesigned, or made or remade, and intended to be fired while

1held in one hand and to use the energy of an explosive to expel a projectile through
2a smooth or rifled bore
.
SB70-SSA2-SA2,679 3Section 679. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:
SB70-SSA2-SA2,305,54 941.29 (1m) (dm) The person has been convicted of a misdemeanor under s.
5175.33 (2), unless at least 2 years have passed since the conviction.
SB70-SSA2-SA2,305,76 (dn) The person has been adjudicated delinquent for a violation under s. 175.33
7(2), unless at least 2 years have passed since the adjudication.
SB70-SSA2-SA2,305,108 (do) The person has been found not guilty of a misdemeanor under s. 175.33 (2)
9by reason of mental disease or defect, unless at least 2 years have passed since the
10finding.
SB70-SSA2-SA2,680 11Section 680. 941.296 (1) (b) of the statutes is amended to read:
SB70-SSA2-SA2,305,1312 941.296 (1) (b) “Handgun" has the meaning given in s. 175.35 (1) (b) 941.237
13(1) (d)
.
SB70-SSA2-SA2,681 14Section 681. 968.20 (3) (b) of the statutes is amended to read:
SB70-SSA2-SA2,306,1315 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village,
16town or county or other custodian of a seized dangerous weapon or ammunition, if
17the dangerous weapon or ammunition is not required for evidence or use in further
18investigation and has not been disposed of pursuant to a court order at the
19completion of a criminal action or proceeding, shall make reasonable efforts to notify
20all persons who have or may have an authorized rightful interest in the dangerous
21weapon or ammunition of the application requirements under sub. (1). If, within 30
22days after the notice, an application under sub. (1) is not made and the seized
23dangerous weapon or ammunition is not returned by the officer under sub. (2), the
24city, village, town or county or other custodian may retain the dangerous weapon or
25ammunition and authorize its use by a law enforcement agency, except that a

1dangerous weapon used in the commission of a homicide or a handgun, as defined
2in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other
3than a firearm is not so retained, the city, village, town or county or other custodian
4shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor
5vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure
6under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village,
7town or county or other custodian shall ship it to the state crime laboratories and it
8is then the property of the laboratories. A person designated by the department of
9justice may destroy any material for which the laboratories have no use or arrange
10for the exchange of material with other public agencies. In lieu of destruction,
11shoulder weapons for which the laboratory has no use shall be turned over to the
12department of natural resources for sale and distribution of proceeds under s. 29.934
13or for use under s. 29.938.
SB70-SSA2-SA2,682 14Section 682. 971.17 (1g) of the statutes is amended to read:
SB70-SSA2-SA2,306,1815 971.17 (1g) Notice of restriction on firearm possession. If the defendant
16under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (2), by
17reason of mental disease or defect, the court shall inform the defendant of the
18requirements and penalties under s. 941.29.
SB70-SSA2-SA2,683 19Section 683. 973.176 (1) of the statutes is amended to read:
SB70-SSA2-SA2,306,2420 973.176 (1) Firearm possession. Whenever a court imposes a sentence or
21places a defendant on probation regarding a felony conviction or regarding a
22conviction for a misdemeanor under s. 175.33 (2)
, the court shall inform the
23defendant of the requirements and penalties applicable to him or her under s. 941.29
24(1m) or (4m).
SB70-SSA2-SA2,9327 25Section 9327. Initial applicability; Justice.
SB70-SSA2-SA2,307,5
1(1fa) Transfers of firearms. The treatment of ss. 175.33 and 175.35 (1) (at)
2(with respect to background checks for transfers of firearms that are not handguns)
3and (br) and (2) (intro.), (a), (b), (bm), (c), (cm) (intro.), and (d), the renumbering of
4s. 175.35 (2j), and the creation of s. 175.35 (2j) (b) first apply to transfers that occur
5on the effective date of this subsection.
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