AB50: Bill Text

AB50,2263 Section 2263. 165.95 (5m) of the statutes is repealed.

AB50,2264 Section 2264. 165.95 (5p) (a) of the statutes is amended to read:

AB50,1167,15 165.95 (5p) (a) The department of justice shall, annually, analyze the data submitted under sub. (5) (bg) and prepare a progress report that evaluates the effectiveness of the grant program alternatives to prosecution and incarceration programs in this state. The department of justice shall make the report available to the public.

AB50,2265 Section 2265. 165.95 (5p) (b) of the statutes is amended to read:

AB50,1167,23 165.95 (5p) (b) The department of justice shall, every 5 years, prepare a comprehensive report that analyzes the data it receives under sub. (5) (bg) and the annual reports it produces under par. (a). The department of justice shall include in this comprehensive report a cost benefit analysis of the grant program alternatives to prosecution and incarceration programs and shall submit the report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB50,2266 Section 2266. 165.95 (6) of the statutes is renumbered 16.075 (7) and amended to read:

AB50,1168,9 16.075 (7) A county or tribe may, with one or more other counties or tribes, jointly apply for and receive a grant under this section sub. (2). Upon submitting a joint application, each county or tribe shall include with the application a written agreement specifying each tribe’s and each county department’s role in developing, administering, and evaluating the program. The oversight committee established under sub. (5) (a) identified in s. 165.95 (3) (cm) shall consist of representatives from each county or tribe.

AB50,2267 Section 2267. 165.95 (7) of the statutes is repealed.

AB50,2268 Section 2268. 165.95 (7m) of the statutes is renumbered 16.075 (3) and amended to read:

AB50,1168,17 16.075 (3) Beginning in fiscal year 2012-13, the The department of justice shall, every 5 years, make grants under this section sub. (2) available to any county or tribe on a competitive basis. A county or tribe may apply for a grant under this subsection sub. (2) regardless of whether the county or tribe has received a grant previously under this section sub. (2).

AB50,2269 Section 2269. 165.95 (8) of the statutes is amended to read:

AB50,1168,21 165.95 (8) The department of justice shall assist a county or tribe receiving a grant under this section that operates an alternatives to prosecution and incarceration program in obtaining funding from other sources for its program.

AB50,2270 Section 2270. 165.95 (9) of the statutes is renumbered 16.075 (4) and amended to read:

AB50,1169,3 16.075 (4) The department of justice shall inform any county or tribe that is applying for a grant under this section sub. (2) whether the county or tribe meets the requirements established under sub. s. 165.95 (3), regardless of whether the county or tribe receives a grant.

AB50,2271 Section 2271. 165.95 (10) of the statutes is repealed.

AB50,2272 Section 2272. 165.955 of the statutes is repealed.

AB50,2273 Section 2273. 175.33 of the statutes is created to read:

AB50,1169,7 175.33 Transfer of firearms. (1) In this section:

AB50,1169,9 (a) “Family member” means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

AB50,1169,10 (b) “Firearm” includes the frame or receiver of a firearm.

AB50,1169,11 (c) “Firearms dealer” has the meaning given in s. 175.35 (1) (ar).

AB50,1169,12 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).

AB50,1169,14 (2) No person may transfer ownership of a firearm, or be transferred ownership of a firearm, unless one of the following applies:

AB50,1169,15 (a) The transferor is a firearms dealer.

AB50,1169,17 (b) The transferor makes the transfer to or through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

AB50,1169,19 (c) The transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

AB50,1169,23 (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 s. 941.29 or federal law, and the transferee is at least 18 years of age.

AB50,1170,3 (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. The person is also prohibited under s. 941.29 from possessing a firearm for a period of 2 years.

AB50,2274 Section 2274. 175.35 (title) of the statutes is amended to read:

AB50,1170,5 175.35 (title) Purchase of handguns firearms.

AB50,2275 Section 2275. 175.35 (1) (at) of the statutes is amended to read:

AB50,1171,2 175.35 (1) (at) “Firearms restrictions record search” means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm under s. 941.29 or is included in the database under s. 165.64 (3). “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), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

AB50,2276 Section 2276. 175.35 (1) (at) of the statutes, as affected by 2025 Wisconsin Act .... (this act), is amended to read:

AB50,1171,22 175.35 (1) (at) “Firearms restrictions record search” means a search of department of justice records to determine whether a person seeking to purchase receive the transfer of a handgun firearm is prohibited from possessing a firearm under s. 941.29 or is included in the database under s. 165.64 (3). “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), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

AB50,2277 Section 2277. 175.35 (1) (br) of the statutes is created to read:

AB50,1172,2 175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away, or otherwise dispose of.

AB50,2278 Section 2278. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and amended to read:

AB50,1172,8 175.35 (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.

AB50,2279 Section 2279. 175.35 (2) (a), (b) and (c) of the statutes are renumbered 175.35 (2) (cm) 1., 2. and 3.

AB50,2280 Section 2280. 175.35 (2) (bm) of the statutes is created to read:

AB50,1172,14 175.35 (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.

AB50,2281 Section 2281. 175.35 (2) (cm) (intro.) of the statutes is created to read:

AB50,1172,17 175.35 (2) (cm) (intro.) All of the following must occur before a firearm may be transferred under par. (am) or (bm):

AB50,2282 Section 2282. 175.35 (2) (d) of the statutes is amended to read:

AB50,1173,4 175.35 (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.

AB50,2283 Section 2283. 175.35 (2) (d) of the statutes, as affected by 2025 Wisconsin Act .... (this act), is renumbered 175.35 (2) (cm) 4.

AB50,2284 Section 2284. 175.35 (2g) (a) of the statutes is amended to read:

AB50,1173,10 175.35 (2g) (a) The department of justice shall promulgate rules prescribing procedures under sub. (2) (cm) 1. for a transferee to provide and a firearms dealer to inspect identification containing a photograph of the transferee.

AB50,2285 Section 2285. 175.35 (2g) (b) 1. of the statutes is amended to read:

AB50,1173,18 175.35 (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.

AB50,2286 Section 2286. 175.35 (2g) (b) 2. of the statutes is amended to read:

AB50,1174,2 175.35 (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.

AB50,2287 Section 2287. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:

AB50,1174,8 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from possessing a firearm under s. 941.29 or is included in the database under s. 165.64 (3), the department shall provide the firearms dealer with a unique nonapproval number. The department may not disclose to the firearms dealer the reason the transferee is prohibited from possessing a firearm under s. 941.29.

AB50,1174,11 b. If the search indicates that the transferee is not prohibited from possessing a firearm under s. 941.29 and is not included in the database under s. 165.64 (3), the department shall provide the firearms dealer with a unique approval number.

AB50,2288 Section 2288. 175.35 (2g) (c) 4. c. of the statutes is amended to read:

AB50,1174,19 175.35 (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.

AB50,2289 Section 2289. 175.35 (2g) (c) 4. c. of the statutes, as affected by 2025 Wisconsin Act .... (this act), is amended to read:

AB50,1175,5 175.35 (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) (cm) 4. 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.

AB50,2290 Section 2290. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

AB50,1175,10 175.35 (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.

AB50,1175,12 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.

AB50,1175,15 (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.

AB50,2291 Section 2291. 175.35 (2i) (b) 2. of the statutes is created to read:

AB50,1175,19 175.35 (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.

AB50,2292 Section 2292. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

AB50,2293 Section 2293. 175.35 (2j) (b) of the statutes is created to read:

AB50,1176,2 175.35 (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.

AB50,2294 Section 2294. 175.35 (2k) (ar) 2. of the statutes is amended to read:

AB50,1176,11 175.35 (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.

AB50,2295 Section 2295. 175.35 (2k) (c) 2. a. of the statutes is amended to read:

AB50,1176,15 175.35 (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.

AB50,2296 Section 2296. 175.35 (2k) (c) 2. b. of the statutes is amended to read:

AB50,1176,20 175.35 (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.

AB50,2297 Section 2297. 175.35 (2k) (g) of the statutes is amended to read:

AB50,1177,2 175.35 (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.

AB50,2298 Section 2298. 175.35 (2k) (h) of the statutes is amended to read:

AB50,1177,9 175.35 (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.

AB50,2299 Section 2299. 175.35 (2L) of the statutes is amended to read:

AB50,1177,17 175.35 (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.

AB50,2300 Section 2300. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

AB50,1177,20 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

AB50,1177,22 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

AB50,1178,2 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

AB50,2301 Section 2301. 175.35 (3) (b) 2. of the statutes is amended to read:

AB50,1178,9 175.35 (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.

AB50,2302 Section 2302. 175.355 of the statutes is created to read:

AB50,1178,12 175.355 Search self-assigned firearm exclusion database for purchase of firearms. (1) In this section:

AB50,1178,13 (a) “Firearms dealer” has the meaning given in s. 175.35 (1) (ar).