LRB-3792/1
RLR:rs&cmh:pg
2001 - 2002 LEGISLATURE
October 8, 2001 - Introduced by Representatives Pettis, Albers, Balow, Bies, Duff,
J. Fitzgerald, Friske, Gard, Gronemus, Gunderson, Gundrum, Hahn,
Huebsch, Hundertmark, Jensen, Johnsrud, Kedzie, Kestell, Krawczyk,
Ladwig, F. Lasee, M. Lehman, Leibham, Lippert, Loeffelholz, McCormick,
Musser, Nass, Owens, Petrowski, Powers, Sherman, Shilling, Skindrud,
Starzyk, Steinbrink, Suder, Sykora and Walker, cosponsored by Senators
Roessler, Zien, S. Fitzgerald and Schultz. Referred to Committee on
Criminal Justice.
AB540,1,2
1An Act to renumber and amend 175.35 (2L); and
to create 175.35 (2L) (b) of
2the statutes;
relating to: firearms restrictions record checks.
Analysis by the Legislative Reference Bureau
Current law requires that a firearms dealer complete a department of justice
(DOJ) firearms restrictions record check on a handgun purchaser before transferring
possession of a handgun to the purchaser. A firearms restrictions record check
consists of a search of criminal history records, and a search of prohibitions against
a person possessing a firearm as a result of a finding that the person is mentally ill,
drug dependent, or developmentally disabled, or based on conditions of a domestic
abuse or child abuse restraining order. If the firearms restrictions record check
reveals that a person is prohibited from possessing a gun, a firearms dealer may not
transfer a gun to that person. A person denied the right to purchase a gun as a result
of a firearms restrictions record check may request that DOJ review the denial, and
if the outcome of the review is unfavorable, the person may appeal the denial to a
DOJ administrator.
This bill requires that if DOJ finds, either in a review or in an appeal, that a
person was improperly denied the right to purchase a handgun on the basis of
incorrect information found in a firearms restrictions record check, DOJ must correct
the information in DOJ records, notify the agency that provided the incorrect
information and request that the agency correct it, and notify any agency or person
to whom DOJ provided notice of the denial that the denial was based on incorrect
information and has been reversed.
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:
AB540, s. 1
1Section
1. 175.35 (2L) of the statutes is renumbered 175.35 (2L) (a) and
2amended to read:
AB540,2,93
175.35
(2L) (a) The department of justice shall promulgate rules providing for
4the review of nonapprovals under sub. (2g) (c) 4. a.
and for the correction of inaccurate
5information under par. (b). Any person who is denied the right to purchase a
6handgun because the firearms dealer received a nonapproval number under sub. (2g)
7(c) 4. a. may request a firearms restrictions record search review under those rules.
8If the person disagrees with the results of that review, the person may file an appeal
9under rules promulgated by the department.
AB540, s. 2
10Section
2. 175.35 (2L) (b) of the statutes is created to read:
AB540,2,1411
175.35
(2L) (b) If, upon review or appeal under par. (a), the department of
12justice determines that a person was incorrectly denied approval under sub. (2g) (c)
134. a. based on incorrect information obtained from a firearms restrictions record
14search, the department of justice shall immediately do all of the following:
AB540,2,1615
1. Update any relevant department of justice records to reflect the correct
16information.
AB540,2,1917
2. Notify the agency that provided the incorrect information to the department
18of justice that the information provided is incorrect and request that the agency
19update its records to reflect the correct information.
AB540,3,3
13. Notify any agency or person to which the department of justice provided
2notice of the nonapproval under sub. (2g) (c) 4. a. that the nonapproval was based on
3incorrect information and that it has been reversed.
