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LRB-6133/1
CMH:cdc
2021 - 2022 LEGISLATURE
March 10, 2022 - Introduced by Representatives Considine, Sinicki, Hebl,
Ohnstad, Pope, Subeck, Stubbs, Conley, Spreitzer and Andraca,
cosponsored by Senators Agard, Roys, Bewley and Larson. Referred to
Committee on Rules.
AB1143,1,3 1An Act to amend 175.35 (1) (at) and 175.35 (2g) (c) 4. a. and b.; and to create
2165.64 of the statutes; relating to: voluntary prohibitions on purchasing a
3handgun.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Justice to allow individuals to prohibit
themselves from purchasing a handgun. Under the bill, DOJ must maintain a
database of individuals who voluntarily prohibit themselves from purchasing a
handgun. An individual may request inclusion in the database by submitting a
request to DOJ that indicates the length of the prohibition: a one-year, irrevocable
prohibition; a five-year prohibition, the first year being irrevocable; or a 20-year
prohibition, the first year being irrevocable. During a revocable period, an individual
may remove the prohibition by submitting to DOJ a request for removal and an
affidavit from a licensed psychiatrist or psychologist stating that the individual may
possess a firearm without being a danger to himself or herself or another. This bill
also requires DOJ, when responding to a request for a background check from a
licensed firearm dealer regarding an individual who is in the database, to indicate
that the individual is prohibited from purchasing a handgun.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1143,1
1Section 1. 165.64 of the statutes is created to read:
AB1143,2,2 2165.64 Voluntary prohibition on handgun purchases. (1) In this section:
AB1143,2,33 (a) “Department” means the department of justice.
AB1143,2,44 (b) “Handgun” has the meaning given in s. 175.35 (1) (b).
AB1143,2,8 5(2) The department shall develop forms for individuals to submit to the
6department to request, or to renew a request, that he or she be prohibited from
7purchasing a handgun. The forms shall allow the individual to choose the term of
8the prohibition as follows:
AB1143,2,99 (a) A one-year, irrevocable term.
AB1143,2,1010 (b) A 5-year term, the first year being irrevocable.
AB1143,2,1111 (c) A 20-year term, the first year being irrevocable.
AB1143,2,14 12(3) If an individual submits a form requesting that he or she be prohibited from
13purchasing a handgun, the department shall enter the individual's identifying
14information into a database the department maintains.
AB1143,2,16 15(4) The department shall remove the individual's identifying information from
16the database under sub. (3) if any of the following occurs:
AB1143,2,2017 (a) After the term under sub. (2) expires, the individual submits a form
18designed by the department requesting that his or her identifying information be
19removed. A term that has expired and has not been renewed continues until revoked
20under this paragraph.
AB1143,3,221 (b) Before the term under sub. (2) expires but after the request becomes
22revocable under sub. (2) (b) or (c), the individual submits a form designed by the
23department requesting that his or her identifying information be removed. The
24individual shall submit an affidavit from a psychiatrist or a psychologist licensed

1under ch. 455 stating that the individual may possess a firearm without posing a
2danger to himself or herself or to another.
AB1143,3,6 3(5) The department may disclose an individual's identifying information
4included in the database under sub. (3) only as part of a firearms restrictions record
5search under s. 175.35 (2g) (c) or to the individual who is the subject of the
6information.
AB1143,2 7Section 2. 175.35 (1) (at) of the statutes is amended to read:
AB1143,3,238 175.35 (1) (at) “Firearms restrictions record search" means a search of
9department of justice records to determine whether a person seeking to purchase a
10handgun is prohibited from possessing a firearm under s. 941.29 or is included in the
11database under s. 165.64 (3)
. “Firearms restrictions record search" includes a
12criminal history record search, a search to determine whether a person is prohibited
13from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the
14national instant criminal background check system to determine whether a person
15has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
1654.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject
17to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s.
18813.12 (1) (e), issued by a court established by any federally recognized Wisconsin
19Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes
20notice to the respondent that he or she is subject to the requirements and penalties
21under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g),
22and a search to determine whether the person is prohibited from possessing a
23firearm under s. 813.123 (5m) or 813.125 (4m).
AB1143,3 24Section 3. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:
AB1143,4,5
1175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from
2possessing a firearm under s. 941.29 or is included in the database under s. 165.64
3(3)
, the department shall provide the firearms dealer with a unique nonapproval
4number. The department may not disclose to the firearms dealer the reason the
5transferee is prohibited from possessing a firearm under s. 941.29.
AB1143,4,86 b. If the search indicates that the transferee is not prohibited from possessing
7a firearm under s. 941.29 and is not included in the database under s. 165.64 (3), the
8department shall provide the firearms dealer with a unique approval number.
AB1143,4,99 (End)
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