SB70-SSA2-SA2,299,1424
175.35
(1) (at) “Firearms restrictions record search" means a search of
25department of justice records to determine whether a person seeking to
purchase be
1transferred a
handgun firearm is prohibited from possessing a firearm under s.
2941.29. “Firearms restrictions record search" includes a criminal history record
3search, a search to determine whether a person is prohibited from possessing a
4firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant
5criminal background check system to determine whether a person has been ordered
6not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or
755.12 (10) (a), a search to determine whether the person is subject to an injunction
8under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
9by a court established by any federally recognized Wisconsin Indian tribe or band,
10except the Menominee Indian tribe of Wisconsin, that includes notice to the
11respondent that he or she is subject to the requirements and penalties under s.
12941.29 and that has been filed with the circuit court under s. 813.128 (3g), and a
13search to determine whether the person is prohibited from possessing a firearm
14under s. 813.123 (5m) or 813.125 (4m).
SB70-SSA2-SA2,299,1817
175.35
(1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away,
18or otherwise dispose of.
SB70-SSA2-SA2,654
19Section
654. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am)
20and amended to read:
SB70-SSA2-SA2,299,2421
175.35
(2) (am) When a firearms dealer
sells transfers a
handgun firearm,
22including the frame or receiver of a firearm, he or she may not transfer possession
23of that
handgun firearm to any other person until all of the
following have occurred: 24requirements under par. (cm) have been met.
SB70-SSA2-SA2,655
1Section
655. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered
2175.35 (2) (cm) 1., 2., 3. and 4.
SB70-SSA2-SA2,300,64
175.35
(2) (bm) When a person transfers a firearm, including the frame or
5receiver of a firearm, through a firearms dealer, the transfer of possession of that
6firearm may not be made until all of the requirements of par. (cm) have been met.
SB70-SSA2-SA2,657
7Section
657. 175.35 (2) (cm) (intro.) of the statutes is created to read:
SB70-SSA2-SA2,300,98
175.35
(2) (cm) (intro.) All of the following must occur before a transfer of a
9firearm occurs under par. (am) or (bm):
SB70-SSA2-SA2,300,1311
175.35
(2g) (a) The department of justice shall promulgate rules prescribing
12procedures
for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
13dealer to inspect identification containing a photograph of the transferee.
SB70-SSA2-SA2,659
14Section
659. 175.35 (2g) (b) 1. of the statutes is amended to read:
SB70-SSA2-SA2,300,2015
175.35
(2g) (b) 1. The department of justice shall promulgate rules prescribing
16a notification form for use under sub. (2)
(cm) 2. and 3. requiring the transferee to
17provide his or her name, date of birth, gender, race and social security number and
18other identification necessary to permit an accurate firearms restrictions record
19search under par. (c) 3. and the required notification under par. (c) 4.
The department
20of justice shall make the forms available at locations throughout the state.
SB70-SSA2-SA2,660
21Section
660. 175.35 (2g) (b) 2. of the statutes is amended to read:
SB70-SSA2-SA2,301,222
175.35
(2g) (b) 2. The department of justice shall ensure that each notification
23form under subd. 1. requires the transferee to indicate that he or she is not
24purchasing receiving a transfer of the firearm with the purpose or intent to transfer
25the firearm to a person who is prohibited from possessing a firearm under state or
1federal law and that each notification form informs the transferee that making a
2false statement with regard to this purpose or intent is a Class H felony.
SB70-SSA2-SA2,661
3Section
661. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
4amended to read:
SB70-SSA2-SA2,301,75
175.35
(2i) (a) The department shall charge a firearms dealer a $10 fee for each
6firearms restrictions record search that the firearms dealer requests under sub. (2)
7(c) (cm) 3.
SB70-SSA2-SA2,301,8
8(b) 1. The firearms dealer may collect the fee
under par. (a) from the transferee.
SB70-SSA2-SA2,301,11
9(c) The department may refuse to conduct firearms restrictions record searches
10for any firearms dealer who fails to pay any fee under
this subsection par. (a) within
1130 days after billing by the department.
SB70-SSA2-SA2,662
12Section
662. 175.35 (2i) (b) 2. of the statutes is created to read:
SB70-SSA2-SA2,301,1513
175.35
(2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
14may collect from the transferor the fee under par. (a) and any additional amount to
15cover any costs he or she incurs in processing the transfer.
SB70-SSA2-SA2,663
16Section
663. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
SB70-SSA2-SA2,301,2118
175.35
(2j) (b) If a person transfers a firearm through a firearms dealer under
19sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall
20provide the person a written receipt documenting the dealer's participation in the
21transfer.
SB70-SSA2-SA2,665
22Section
665. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB70-SSA2-SA2,302,523
175.35
(2k) (ar) 2. Check each notification form received under sub. (2j)
(a) 24against the information recorded by the department regarding the corresponding
25request for a firearms restrictions record search under sub. (2g). If the department
1previously provided a unique approval number regarding the request and nothing
2in the completed notification form indicates that the transferee is prohibited from
3possessing a firearm under s. 941.29, the department shall destroy all records
4regarding that firearms restrictions record search within 30 days after receiving the
5notification form.
SB70-SSA2-SA2,666
6Section
666. 175.35 (2k) (c) 2. a. of the statutes is amended to read: