DOA:......Schmidt, BB0085 - Restore 48-hour waiting period for handgun purchases
For 2025-2027 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
JUSTICE
Waiting period for handgun purchases
Current law provides that, before a federally licensed firearms dealer may transfer a handgun after a sale, the dealer must request that the Department of Justice perform a background check on the prospective purchaser to determine if the purchaser is prohibited from possessing a firearm under federal or state law.
This bill prohibits the dealer from transferring the handgun to the purchaser until 48 hours have passed since the firearms dealer requested the background check on the purchaser.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section 1. 175.35 (2) (d) of the statutes is amended to read:
175.35 (2) (d) The If the firearm is a handgun, 48 hours have elapsed from the time that the firearms dealer has received an approval a confirmation number regarding the firearms restrictions record search under sub. (2g) (c) from the department of justice or, if the firearm is not a handgun, the firearms dealer has received a confirmation number regarding the firearms restrictions record search under sub. (2g) (c) from the department of justice and, for any firearm, the firearms dealer has not been notified that the person is prohibited under state or federal law from possessing a firearm or that the department needs an extension under sub. (2g) (c) 4. c.
Section 2. 175.35 (2g) (c) 4. c. of the statutes is amended to read:
175.35 (2g) (c) 4. c. If the search indicates that it is unclear whether the person is prohibited under state or federal law from possessing a firearm and the department needs more time than provided under sub. (2) (d) to make the determination, the department shall make every reasonable effort to determine whether the person is prohibited under state or federal law from possessing a firearm and notify the firearms dealer of the results as soon as practicable but no later than 5 working days after the search was requested.
Section 9327. Initial applicability; Justice.
(1) Waiting period for handgun purchases. The treatment of s. 175.35 (2g) (c) 4. c. (by Section 2) and the amendment of s. 175.35 (2) (d) first apply to a sale that occurs on the effective date of this subsection.
(end)
