2019 - 2020 LEGISLATURE

2019 Senate BILL 572

November 22, 2019 - Introduced by Senators Johnson, Carpenter, Bewley, Erpenbach, Hansen, Larson, Miller, Ringhand, Risser, Schachtner, Shilling, Smith, L. Taylor and Wirch, cosponsored by Representatives Sargent, Stubbs, C. Taylor, Subeck, Zamarripa, Anderson, Billings, Bowen, Brostoff, Cabrera, Considine, Crowley, Doyle, Emerson, Fields, Goyke, Gruszynski, Haywood, Hebl, Hesselbein, Hintz, Kolste, McGuire, B. Meyers, Milroy, L. Myers, Neubauer, Ohnstad, Pope, Riemer, Shankland, Sinicki, Spreitzer, Stuck, Vining and Vruwink. Referred to Committee on Judiciary and Public Safety.

SB572,1,11 An Act to repeal 175.35 (1) (b); to renumber 175.35 (2) (a), (b), (c) and (d) and 175.35 (2j); to renumber and amend 175.35 (2) (intro.) and 175.35 (2i); to amend 20.455 (2) (gr), 175.35 (title), 175.35 (1) (at), 175.35 (2g) (a), 175.35 (2g) (b) 1., 175.35 (2g) (b) 2., 175.35 (2k) (ar) 2., 175.35 (2k) (c) 2. a., 175.35 (2k) (c) 2. b., 175.35 (2k) (g), 175.35 (2k) (h), 175.35 (2L), 175.35 (2t) (a), (b) and (c), 175.35 (3) (b) 2., 175.60 (7) (d), 175.60 (15) (b) 4. b., 938.208 (1) (b), 938.34 (4m) (b) 2., 938.341, 941.237 (1) (d), 941.296 (1) (b), 968.20 (3) (b), 971.17 (1g) and 973.176 (1); and to create 175.33, 175.35 (1) (br), 175.35 (2) (bm), 175.35 (2) (cm) (intro.), 175.35 (2i) (b) 2., 175.35 (2j) (b) and 941.29 (1m) (dm), (dn) and (do) of the statutes; relating to: sales and transfers of firearms and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law provides that certain conditions, including a background check of a prospective purchaser, must be met before a federally licensed firearms dealer may transfer a handgun after a sale. This bill generally prohibits a person from selling or transferring any firearm, including the frame or receiver of a firearm, unless the sale or 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 sale or transfer to a firearms dealer or to a law enforcement or armed services agency; a sale or transfer of a firearm classified as antique; 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:

SB572,1 Section 1 . 20.455 (2) (gr) of the statutes is amended to read:

SB572,2,5 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or certifications to carry concealed weapons. All moneys received as fee payments under ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. to provide services under ss. 175.35, 175.49, and 175.60.

SB572,2 Section 2 . 175.33 of the statutes is created to read:

SB572,2,7 175.33 Transfer of firearms. (1) In this section:

SB572,2,9 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

SB572,2,10 (b) “Firearm” includes the frame or receiver of a firearm.

SB572,2,11 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

SB572,2,13 (2) No person may sell or transfer ownership of a firearm, or purchase or obtain ownership of a firearm, unless one of the following applies:

SB572,2,14 (a) The seller or transferor is a firearms dealer.

SB572,3,2 (b) The seller or transferor makes the sale or transfer to or through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

SB572,3,4 (c) The sale or transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).