AB50: Bill Text

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).

AB50,1178,14 (b) “Handgun” has the meaning given in s. 175.35 (1) (b).

AB50,1178,18 (2) When a firearms dealer sells a firearm that is not a handgun, the firearms dealer shall request the department of justice to search the database under s. 165.64 (3) and may not transfer a firearm to a person who is included in the database under s. 165.64 (3).

AB50,2303 Section 2303. 175.355 of the statutes, as created by 2025 Wisconsin Act .... (this act), is repealed.

AB50,2304 Section 2304. 175.36 of the statutes is created to read:

AB50,1179,2 175.36 Reporting stolen or lost firearm. (1) (a) A person who owns a firearm and who discovers that the firearm is stolen or lost shall, within 24 hours of the discovery, report the theft or loss to a law enforcement agency that has jurisdiction over the area in which the firearm was stolen or lost.

AB50,1179,5 (b) If a person who has reported a theft or loss under par. (a) recovers the firearm, the person shall report as soon as practicable to a law enforcement agency the date on which the firearm was recovered.

AB50,1179,7 (2) (a) A law enforcement agency that receives under sub. (1) (a) a report of a stolen or lost firearm shall do all of the following:

AB50,1179,12 1. Create a file that includes, if known, the date on which the firearm was stolen or lost; the caliber, make, and model of the firearm; the serial number of the firearm; any distinguishing mark on the firearm; and the location at which the firearm was purchased by, or transferred to, the person making the report under sub. (1) (a).

AB50,1179,14 2. As soon as practicable, forward a copy of the file created under subd. 1. to the department of justice for inclusion in a database under s. 165.83 (2) (dd).

AB50,1179,17 (b) A law enforcement agency that receives under sub. (1) (b) a report of a recovered firearm shall report to the department of justice the date on which the firearm was recovered.

AB50,1179,19 (3) A person who reports under sub. (1) (a) a stolen or lost firearm, when he or she knows that the report is false, is guilty of violating s. 946.41.

AB50,1179,20 (4) A person who violates sub. (1) (a) is guilty of one of the following:

AB50,1179,21 (a) For a first offense, a Class A misdemeanor.

AB50,1179,22 (b) For a 2nd or subsequent offense, a Class I felony.

AB50,2305 Section 2305. 175.37 (title) of the statutes is amended to read:

AB50,1180,2 175.37 (title) Warning Requirements whenever transferring a firearm.

AB50,2306 Section 2306. 175.37 (1) of the statutes is renumbered 175.37 (1) (intro.) and amended to read:

AB50,1180,7 175.37 (1) (intro.) Upon the retail commercial sale or retail commercial transfer of any firearm, the seller or transferor shall provide to the buyer or transferee all of the following:

AB50,1180,12 (a) A written warning in block letters not less than one-fourth inch in height: “IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A CHILD YOU MAY BE FINED OR IMPRISONED OR BOTH IF THE CHILD IMPROPERLY DISCHARGES, POSSESSES OR EXHIBITS THE FIREARM.”

AB50,2307 Section 2307. 175.37 (1) (b) of the statutes is created to read:

AB50,1180,15 175.37 (1) (b) A secure, lockable container that is designed to store a firearm or a trigger lock for the firearm.

AB50,2308 Section 2308. 175.37 (1) (c) of the statutes is created to read:

AB50,1180,18 175.37 (1) (c) A written notice of the requirements under s. 175.36 (1) and of the penalties under s. 175.36 (4).

AB50,2309 Section 2309. 175.375 of the statutes is created to read:

AB50,1180,23 175.375 Storage of firearms by retail entity. Any person who engages in the retail commercial sale or transfer of firearms shall ensure, when the place of business is unattended, that each firearm that is located in the place of business is secured using one of the following methods:

AB50,1181,2 (1) The firearm is stored in a locked fireproof safe, in a locked steel gun cabinet, or in a vault in the business premises.

AB50,1181,11 (2) The firearm is stored in a display case that is made with a steel frame that is no thinner than 12 gauge, is fitted with a hardened steel lock where the case opens to access the firearm, and is fitted either with smash-proof polycarbonate panels that are at least one-quarter inch thick or with glass that is protected with a security or protective laminate film that is specifically designed to delay entry and unauthorized access, with a minimum thickness of at least eight-thousandths of an inch, and that includes an anchoring system on all seams of each glass panel and is also anchored to the frame. If the location of the retail store is at street level, one of the following is also required:

AB50,1181,15 (a) Concrete or hardened steel bollards, or other barriers such as security planters or other devices with a similar structural integrity of bollards, that protect the location’s front entrance, any floor-to-ceiling windows, and any other doors that could be breached by a vehicle.

AB50,1181,18 (b) Locking steel roll-down doors that are installed on all perimeter doors and floor-to-ceiling windows, unless the installation would violate a state or local fire code.

AB50,1182,2 (3) The firearm is secured with a hardened steel rod or cable of at least one- eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter, and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises. If the location of the retail store is at street level, one of the following is also required:

AB50,1182,6 (a) Concrete or hardened steel bollards, or other barriers such as security planters or other devices with a similar structural integrity of bollards, that protect the location’s front entrance, any floor-to-ceiling windows, and any other doors that could be breached by a vehicle.

AB50,1182,9 (b) Locking steel roll-down doors that are installed on all perimeter doors and floor-to-ceiling windows, unless the installation would violate a state or local fire code.

AB50,1182,12 (4) The firearm is stored in a windowless room that is equipped with a steel security door fitted with a deadbolt lock and that does not have a door exposed to the outside of the building.

AB50,1182,14 (5) The firearm is stored behind a steel roll-down door or security gate, or the firearm is secured in a locked steel gun rack by use of a hardened steel bar.

AB50,2310 Section 2310. 175.60 (7) (d) of the statutes is amended to read:

AB50,1182,17 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB50,2311 Section 2311. 175.60 (9g) (a) 2. of the statutes is amended to read:

AB50,1183,14 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant 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); whether the applicant 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); whether the applicant is subject to a temporary restraining order or injunction under s. 813.124; and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

AB50,2312 Section 2312. 175.60 (11) (a) 2. f. of the statutes is amended to read:

AB50,1183,18 175.60 (11) (a) 2. f. The individual becomes subject to an a temporary restraining order or injunction described in s. 941.29 (1m) (f) or is ordered not to possess a firearm under s. 813.123 (5m) or 813.125 (4m).

AB50,2313 Section 2313. 175.60 (15) (b) 4. b. of the statutes is amended to read:

AB50,1183,21 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB50,2314 Section 2314. 182.004 (6) of the statutes is amended to read:

AB50,1184,6 182.004 (6) Stock may be issued and leases made to husband and wife spouses, and to the survivor of them, in which event title shall descend the same as in like conveyances of real property subject to ch. 766. Otherwise, title to the stock and lease shall descend to the persons to whom a homestead of the stockholder would descend except as provided in ch. 766. The interest of a tenant in the lease and stock shall be exempt from execution to the same extent as a homestead in real estate.

AB50,2315 Section 2315. 182.01 (8) of the statutes is created to read:

AB50,1184,10 182.01 (8) Information to be provided with business formation filings. The department shall provide informational materials and resources on worker misclassification to each person who files with the department any of the following:

AB50,1184,11 (a) Articles of incorporation under s. 180.0202 or 181.0202.

AB50,1184,12 (b) Articles of organization under s. 183.0201.

AB50,1184,13 (c) A statement of qualification under s. 178.0901.

AB50,1184,14 (d) A certificate of limited partnership under s. 179.0201.

AB50,2316 Section 2316. 185.983 (1) (intro.) of the statutes is amended to read:

AB50,1184,24 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.722, 632.729, 632.745 to 632.749, 632.7498, 632.775, 632.79, 632.795, 632.798, 632.848, 632.85, 632.851, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (2) to (6) (8), 632.871, 632.885, 632.89, 632.891, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB50,2317 Section 2317. 189.02 (3m) (a) of the statutes is amended to read:

AB50,1185,4 189.02 (3m) (a) Except as provided in s. 15.03, the public service commission department shall have no control or jurisdiction over the office in matters relating to railroad regulation.

AB50,2318 Section 2318. 189.02 (3m) (b) of the statutes is amended to read:

AB50,1185,9 189.02 (3m) (b) Notwithstanding par. (a), the commissioner of railroads shall seek the input of, and give considerable weight to the advice given by, the chairperson of the public service commission secretary on matters relating to the employment of persons by the office.

AB50,2319 Section 2319. 189.02 (4) of the statutes is amended to read:

AB50,1185,13 189.02 (4) Decisions of the office are not appealable to the public service commission department. Decisions of the office are subject to judicial review under ch. 227.