LRB-4764/1
CMH:wlj
2021 - 2022 LEGISLATURE
October 21, 2021 - Introduced by Representatives Stubbs, Andraca, Conley,
Hesselbein, Hong, Anderson, Hebl, Snodgrass, Baldeh, Sinicki, S.
Rodriguez, Pope, Emerson, Ortiz-Velez, Neubauer, Billings, Brostoff,
Spreitzer, Shelton, Goyke, Bowen, Ohnstad, Riemer, Vining, Considine,
Hintz, B. Meyers, Haywood, Cabrera and Drake, cosponsored by Senators
Johnson, Agard, Erpenbach, Roys, Larson, L. Taylor, Carpenter, Bewley,
Smith and Ringhand. Referred to Committee on Criminal Justice and Public
Safety.
AB637,1,11
1An Act to repeal 175.35 (1) (b);
to renumber 175.35 (2) (a), (b), (c) and (d) and
2175.35 (2j);
to renumber and amend 175.35 (2) (intro.) and 175.35 (2i);
to
3amend 20.455 (2) (gr), 175.35 (title), 175.35 (1) (at), 175.35 (2g) (a), 175.35 (2g)
4(b) 1., 175.35 (2g) (b) 2., 175.35 (2k) (ar) 2., 175.35 (2k) (c) 2. a., 175.35 (2k) (c)
52. b., 175.35 (2k) (g), 175.35 (2k) (h), 175.35 (2L), 175.35 (2t) (a), (b) and (c),
6175.35 (3) (b) 2., 175.60 (7) (d), 175.60 (15) (b) 4. b., 938.208 (1) (b), 938.34 (4m)
7(b) 2., 938.341, 941.237 (1) (d), 941.296 (1) (b), 968.20 (3) (b), 971.17 (1g) and
8973.176 (1); and
to create 175.33, 175.35 (1) (br), 175.35 (2) (bm), 175.35 (2)
9(cm) (intro.), 175.35 (2i) (b) 2., 175.35 (2j) (b) and 941.29 (1m) (dm), (dn) and (do)
10of the statutes;
relating to: background checks requirement before transfers
11of firearms and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law provides that a federally licensed firearms dealer may not transfer
a handgun after a sale until the dealer has performed a background check on the
prospective transferee to determine if he or she is prohibited from possessing a
firearm under state or federal law. This bill generally prohibits any person from
transferring any firearm, including the frame or receiver of a firearm, unless the
transfer occurs through a federally licensed firearms dealer and involves a
background check of the prospective transferee. Under the bill, the following are
excepted from that prohibition: a transfer to a firearms dealer or to a law
enforcement or armed services agency; a transfer of a firearm classified as antique;
a transfer for no more than 14 days for the purpose of hunting or target shooting that
involves no more than nominal consideration; or a transfer that is by gift, bequest,
or inheritance to a family member. A person who is convicted of violating the
prohibition is guilty of a misdemeanor and must be fined not less than $500 nor more
than $10,000, may be imprisoned for not more than nine months, and may not
possess a firearm for a period of two years.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
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:
AB637,1
1Section 1
. 20.455 (2) (gr) of the statutes is amended to read:
AB637,2,52
20.455
(2) (gr)
Handgun Firearm purchaser record check; checks for licenses or
3certifications to carry concealed weapons. All moneys received as fee payments under
4ss. 175.35 (2i)
(a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and
5b. to provide services under ss. 175.35, 175.49, and 175.60.
AB637,2
6Section 2
. 175.33 of the statutes is created to read:
AB637,2,7
7175.33 Transfer of firearms.
(1) In this section:
AB637,2,98
(a) “Family member" means a spouse, parent, grandparent, sibling, child, or
9grandchild. The relationship may be by blood, marriage, or adoption.
AB637,2,1010
(b) “Firearm” includes the frame or receiver of a firearm.
AB637,2,1111
(c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB637,2,1212
(d) “Transfer” has the meaning given in s. 175.35 (1) (br).
AB637,3,2
1(2) No person may transfer ownership of a firearm, or be transferred ownership
2of a firearm, unless one of the following applies:
AB637,3,33
(a) The transferor is a firearms dealer.
AB637,3,54
(b) The transferor makes the transfer to or through a firearms dealer and
5obtains a receipt under s. 175.35 (2j) (b).
AB637,3,76
(c) The transfer of ownership of the firearm is one of the transfers listed under
7s. 175.35 (2t).
AB637,3,108
(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.
AB637,3,1511
(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.
AB637,3,19
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.
AB637,3
20Section
3. 175.35 (title) of the statutes is amended to read:
AB637,3,21
21175.35 (title)
Purchase Transfer of handguns firearms.
AB637,4
22Section
4. 175.35 (1) (at) of the statutes is amended to read:
AB637,4,1323
175.35
(1) (at) “Firearms restrictions record search" means a search of
24department of justice records to determine whether a person seeking to
purchase be
25transferred a
handgun firearm is prohibited from possessing a firearm under s.
1941.29. “Firearms restrictions record search" includes a criminal history record
2search, a search to determine whether a person is prohibited from possessing a
3firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant
4criminal background check system to determine whether a person has been ordered
5not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or
655.12 (10) (a), a search to determine whether the person is subject to an injunction
7under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
8by a court established by any federally recognized Wisconsin Indian tribe or band,
9except the Menominee Indian tribe of Wisconsin, that includes notice to the
10respondent that he or she is subject to the requirements and penalties under s.
11941.29 and that has been filed with the circuit court under s. 813.128 (3g), and a
12search to determine whether the person is prohibited from possessing a firearm
13under s. 813.123 (5m) or 813.125 (4m).
AB637,5
14Section 5
. 175.35 (1) (b) of the statutes is repealed.
AB637,6
15Section 6
. 175.35 (1) (br) of the statutes is created to read:
AB637,4,1716
175.35
(1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away,
17or otherwise dispose of.
AB637,7
18Section 7
. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
19amended to read:
AB637,4,2320
175.35
(2) (am) When a firearms dealer
sells transfers a
handgun firearm,
21including the frame or receiver of a firearm, he or she may not transfer possession
22of that
handgun firearm to any other person until all of the
following have occurred: 23requirements under par. (cm) have been met.
AB637,8
24Section 8
. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
25(2) (cm) 1., 2., 3. and 4.
AB637,9
1Section
9. 175.35 (2) (bm) of the statutes is created to read:
AB637,5,42
175.35
(2) (bm) When a person transfers a firearm, including the frame or
3receiver of a firearm, through a firearms dealer, the transfer of possession of that
4firearm may not be made until all of the requirements of par. (cm) have been met.
AB637,10
5Section 10
. 175.35 (2) (cm) (intro.) of the statutes is created to read:
AB637,5,76
175.35
(2) (cm) (intro.) All of the following must occur before a transfer of a
7firearm occurs under par. (am) or (bm):
AB637,11
8Section 11
. 175.35 (2g) (a) of the statutes is amended to read:
AB637,5,119
175.35
(2g) (a) The department of justice shall promulgate rules prescribing
10procedures
for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
11dealer to inspect identification containing a photograph of the transferee.
AB637,12
12Section 12
. 175.35 (2g) (b) 1. of the statutes is amended to read:
AB637,5,1813
175.35
(2g) (b) 1. The department of justice shall promulgate rules prescribing
14a notification form for use under sub. (2)
(cm) 2. and 3. requiring the transferee to
15provide his or her name, date of birth, gender, race and social security number and
16other identification necessary to permit an accurate firearms restrictions record
17search under par. (c) 3. and the required notification under par. (c) 4.
The department
18of justice shall make the forms available at locations throughout the state.
AB637,13
19Section 13
. 175.35 (2g) (b) 2. of the statutes is amended to read:
AB637,5,2520
175.35
(2g) (b) 2. The department of justice shall ensure that each notification
21form under subd. 1. requires the transferee to indicate that he or she is not
22purchasing receiving a transfer of the firearm with the purpose or intent to transfer
23the firearm to a person who is prohibited from possessing a firearm under state or
24federal law and that each notification form informs the transferee that making a
25false statement with regard to this purpose or intent is a Class H felony.
AB637,14
1Section
14. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
2amended to read:
AB637,6,53
175.35
(2i) (a) The department shall charge a firearms dealer a $10 fee for each
4firearms restrictions record search that the firearms dealer requests under sub. (2)
5(c) (cm) 3.
AB637,6,6
6(b) 1. The firearms dealer may collect the fee
under par. (a) from the transferee.
AB637,6,9
7(c) The department may refuse to conduct firearms restrictions record searches
8for any firearms dealer who fails to pay any fee under
this subsection par. (a) within
930 days after billing by the department.
AB637,15
10Section 15
. 175.35 (2i) (b) 2. of the statutes is created to read:
AB637,6,1311
175.35
(2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
12may collect from the transferor the fee under par. (a) and any additional amount to
13cover any costs he or she incurs in processing the transfer.
AB637,16
14Section 16
. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
AB637,17
15Section 17
. 175.35 (2j) (b) of the statutes is created to read:
AB637,6,1916
175.35
(2j) (b) If a person transfers a firearm through a firearms dealer under
17sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall
18provide the person a written receipt documenting the dealer's participation in the
19transfer.
AB637,18
20Section 18
. 175.35 (2k) (ar) 2. of the statutes is amended to read:
AB637,7,321
175.35
(2k) (ar) 2. Check each notification form received under sub. (2j)
(a) 22against the information recorded by the department regarding the corresponding
23request for a firearms restrictions record search under sub. (2g). If the department
24previously provided a unique approval number regarding the request and nothing
25in the completed notification form indicates that the transferee is prohibited from
1possessing a firearm under s. 941.29, the department shall destroy all records
2regarding that firearms restrictions record search within 30 days after receiving the
3notification form.
AB637,19
4Section 19
. 175.35 (2k) (c) 2. a. of the statutes is amended to read:
AB637,7,75
175.35
(2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
6is conducting an investigation of a crime in which a
handgun firearm was used or was
7attempted to be used or was unlawfully possessed.
AB637,20
8Section 20
. 175.35 (2k) (c) 2. b. of the statutes is amended to read:
AB637,7,129
175.35
(2k) (c) 2. b. A statement by a division commander or higher authority
10within the Wisconsin law enforcement agency that he or she has a reasonable
11suspicion that the person who is the subject of the information request has obtained
12or is attempting to obtain a
handgun firearm.
AB637,21
13Section 21
. 175.35 (2k) (g) of the statutes is amended to read:
AB637,7,1714
175.35
(2k) (g) If a search conducted under sub. (2g) indicates that the
15transferee is prohibited from possessing a firearm under s. 941.29, the attorney
16general or his or her designee may disclose to a law enforcement agency that the
17transferee has attempted to obtain a
handgun
firearm.
AB637,22
18Section 22
. 175.35 (2k) (h) of the statutes is amended to read:
AB637,7,2419
175.35
(2k) (h) If a search conducted under sub. (2g) indicates a felony charge
20without a recorded disposition and the attorney general or his or her designee has
21reasonable grounds to believe the transferee may pose a danger to himself, herself
22or another, the attorney general or his or her designee may disclose to a law
23enforcement agency that the transferee has obtained or has attempted to obtain a
24handgun firearm.
AB637,23
25Section 23
. 175.35 (2L) of the statutes is amended to read:
AB637,8,7
1175.35
(2L) The department of justice shall promulgate rules providing for the
2review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
3to
purchase receive a transfer of a
handgun firearm because the firearms dealer
4received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms
5restrictions record search review under those rules. If the person disagrees with the
6results of that review, the person may file an appeal under rules promulgated by the
7department.
AB637,24
8Section 24
. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
AB637,8,109
175.35
(2t) (a) Transfers of any
handgun firearm classified as an antique by
10regulations of the U.S. department of the treasury.
AB637,8,1211
(b) Transfers of any
handgun firearm between firearms dealers or between
12wholesalers and dealers.
AB637,8,1413
(c) Transfers of any
handgun firearm to law enforcement or armed services
14agencies.
AB637,25
15Section 25
. 175.35 (3) (b) 2. of the statutes is amended to read: