CMH:cdc
2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 58
March 22, 2023 - Offered by Representative Neubauer.
AB58-ASA1,1,11 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB58-ASA1,1 1Section 1 . 20.455 (2) (gr) of the statutes is amended to read:
AB58-ASA1,2,52 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.
AB58-ASA1,2 6Section 2 . 175.33 of the statutes is created to read:
AB58-ASA1,2,7 7175.33 Transfer of firearms. (1) In this section:
AB58-ASA1,2,98 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or
9grandchild. The relationship may be by blood, marriage, or adoption.
AB58-ASA1,2,1010 (b) “Firearm” includes the frame or receiver of a firearm.
AB58-ASA1,2,1111 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB58-ASA1,2,1212 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).
AB58-ASA1,3,2
1(2) No person may transfer ownership of a firearm, or be transferred ownership
2of a firearm, unless one of the following applies:
AB58-ASA1,3,33 (a) The transferor is a firearms dealer.