LRB-3469/1
JEO:kaf:jf
1997 - 1998 LEGISLATURE
July 3, 1997 - Introduced by Senator George, cosponsored by Representatives L.
Young, R. Young, Boyle, Notestein, Riley, Bock and Urban. Referred to
Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.
SB256,1,3
1An Act to renumber and amend 175.37 (1);
to amend 175.37 (title) and 175.37
2(2); and
to create 175.37 (1d) and 175.37 (1m) of the statutes;
relating to: the
3transfer of firearms and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law provides that various 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. Current law also requires that upon the retail sale
or transfer of any firearm, the person who is selling or transferring the firearm must
provide a warning to the person buying or receiving the firearm about the possible
criminal penalties that may be imposed if a person leaves a loaded firearm within
the reach or easy access of a child. Any person who fails to provide this warning when
selling or transferring a firearm may be fined not more than $500 or imprisoned for
not more than 30 days or both.
This bill prohibits a federally licensed firearms dealer from transferring a
firearm to someone other than another firearms dealer without also providing the
person taking possession of the firearm with a locking device for the firearm. The
bill defines "locking device" as a device that is installed on or incorporated into the
design of a firearm, that is secured by a means of a key or combination lock and that
prevents discharge of the firearm unless it is removed, unlocked or deactivated. A
person who violates the prohibition on transferring a firearm without a locking
device may be fined not more than $500 or imprisoned for not more than 30 days or
both.
The bill also expands the language that must be included in the warning
required under current law when a firearm is sold or transferred. Under the bill, the
warning must also state that the use of a locking device is only one aspect of
responsible firearm storage and that firearms should be stored unloaded and locked
in a place that is inaccessible to children and separate from ammunition for the
firearm.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB256, s. 1
1Section
1. 175.37 (title) of the statutes is amended to read:
SB256,2,3
2175.37 (title)
Warning whenever Locking device and warning required
3when transferring a firearm.
SB256, s. 2
4Section
2. 175.37 (1) of the statutes is renumbered 175.35 (1s) and amended
5to read:
SB256,2,166
175.35
(1s) (title)
Warning upon transfer of firearm. Upon the retail
7commercial sale or retail commercial transfer of any firearm, the seller or transferor
8shall provide to the buyer or transferee the following written warning in block letters
9not less than one-fourth inch in height: "
THE USE OF A LOCKING DEVICE OR
10SAFETY LOCK IS ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE.
11FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION
12THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE
13TO CHILDREN. IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR
14EASY ACCESS OF A CHILD YOU MAY BE FINED OR IMPRISONED OR BOTH
15IF THE CHILD IMPROPERLY DISCHARGES, POSSESSES OR EXHIBITS THE
16FIREARM."
SB256, s. 3
17Section
3. 175.37 (1d) of the statutes is created to read:
SB256,2,1818
175.37
(1d) Definitions. In this section:
SB256,3,3
1(a) "Firearms dealer" means any person engaged in the business of importing,
2manufacturing or dealing in firearms and having a license as an importer,
3manufacturer or dealer issued by the U.S. department of the treasury.
SB256,3,64
(b) "Locking device" means a device that is installed on or incorporated into the
5design of a firearm, that is secured by a key or combination lock and that prevents
6discharge of the firearm unless it is removed, unlocked or deactivated.
SB256, s. 4
7Section
4. 175.37 (1m) of the statutes is created to read:
SB256,3,128
175.37
(1m) Locking device required for certain sales or transfers of
9firearm. (a) Except as provided in par. (b), when a firearms dealer sells or transfers
10any firearm, the firearms dealer may not transfer possession of the firearm to
11another person unless the firearms dealer provides the person taking possession of
12the firearm with a locking device for that firearm.
SB256,3,1413
(b) Paragraph (a) does not apply if the person taking possession of the firearm
14is another firearms dealer.
SB256,3,1715
(c) Paragraph (a) does not prohibit a firearms dealer from charging the person
16who is buying a firearm or the person to whom a firearm is being transferred for the
17locking device in addition to the purchase price charged for the firearm.
SB256, s. 5
18Section
5. 175.37 (2) of the statutes is amended to read:
SB256,3,2019
175.37
(2) (title)
Penalty. Any person who violates
sub. (1) this section may be
20fined not more than $500 or imprisoned for not more than 30 days or both.
SB256,3,2322
(1)
Locking device required upon transfer of firearm. This act applies to the
23transfer of a firearm that occurs on or after the effective date of this subsection.
SB256,4,2
1(1)
This act takes effect on the first day of the 4th month beginning after
2publication.
