LRB-0861/2
RLR:kjf:nwn
2007 - 2008 LEGISLATURE
March 21, 2007 - Introduced by Senators Coggs and
Lehman, cosponsored by
Representatives Young, Grigsby, Sinicki, A. Williams, Zepnick, Fields,
Staskunas, Berceau, Turner and Toles. Referred to Committee on Labor,
Elections and Urban Affairs.
SB104,1,7
1An Act to renumber 175.35 (3);
to amend 175.35 (2f), 175.35 (2g) (b), 175.35
2(2g) (c) (intro.), 175.35 (2i), 175.35 (2j), 175.35 (2k) (ar) 2., 175.35 (2k) (b) 2. a.,
3175.35 (2k) (g) and 175.35 (2k) (h); and
to create 175.35 (2g) (c) 5., 175.35 (2gm)
4and 175.35 (3) (b) of the statutes;
relating to: requiring firearms restrictions
5record searches for certain transfers of handguns involving residents of
6Milwaukee County, requiring the exercise of rule-making authority, and
7providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a firearms dealer must request that the Department of
Justice (DOJ) perform a firearms restrictions record search on a handgun purchaser
before the dealer may complete a sale of a handgun to the purchaser. If DOJ does
not identify any firearms restrictions or if DOJ fails to complete the record search
within 48 hours after receiving the request, subject to a limited extension, the
firearms dealer may complete the sale. A person may be prohibited from possessing
a firearm for several reasons, including that he or she is a felon or, in connection with
a civil commitment or a domestic abuse injunction, has been ordered not to possess
a firearm.
This bill requires that if a resident of Milwaukee County is a party to a transfer
of a handgun and no firearms dealer is involved in the transfer, a firearms
restrictions record search must be conducted on the transferee before the handgun
may be transferred. Under the bill, the transferee must request a firearms
restrictions record search through a firearms dealer. The firearms dealer must
submit the search request to DOJ and must provide notice of the search results to
the person transferring the handgun, as identified by the transferee. The handgun
may be transferred once the firearms dealer provides the transferor written notice
that either DOJ did not identify any firearms restrictions or that DOJ failed to
complete the record search within 48 hours after receiving the request, subject to a
limited extension. The bill allows firearms dealers to charge the transferee the fee
charged by DOJ for record searches plus an additional $5. The bill provides that any
person who intentionally violates the firearms restrictions record search
requirement for handgun transfers that involve a resident of Milwaukee County and
do not involve a firearms dealer is subject to a fine not to exceed $25,000 or a term
of imprisonment (consisting of a term of confinement followed by a term of extended
supervision) that may not exceed ten years or both a fine and imprisonment.
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 concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB104, s. 1
1Section
1. 175.35 (2f) of the statutes is amended to read:
SB104,2,72
175.35
(2f) When a firearms dealer requests that the department of justice
3provide a firearms restrictions record search under sub. (2g)
or (2gm), he or she shall
4provide truthful information about his or her status as a firearms dealer and shall
5provide an accurate firearms dealer identification number obtained under sub. (2h).
6A person may request that the department provide a firearms restrictions record
7search under sub. (2g)
or (2gm) only if he or she is a firearms dealer.
SB104, s. 2
8Section
2. 175.35 (2g) (b) of the statutes is amended to read:
SB104,3,29
175.35
(2g) (b) The department of justice shall promulgate rules prescribing
10a notification form for use under
sub. subs. (2)
and (2gm) requiring the transferee to
11provide his or her name, date of birth, gender, race and social security number and
12other identification necessary to permit an accurate firearms restrictions record
1search under par. (c) 3. and the required notification under par. (c) 4. The department
2of justice shall make the forms available at locations throughout the state.
SB104, s. 3
3Section
3. 175.35 (2g) (c) (intro.) of the statutes is amended to read:
SB104,3,64
175.35
(2g) (c) (intro.) The department of justice shall promulgate rules for
5firearms restrictions record searches regarding transferees under
sub. subs. (2)
and
6(2gm), including procedures for all of the following:
SB104, s. 4
7Section
4. 175.35 (2g) (c) 5. of the statutes is created to read:
SB104,3,108
175.35
(2g) (c) 5. A firearms dealer to notify a transferor under sub. (2gm) in
9writing of the results of a firearms restrictions record search regarding a transferee
10who requests a firearms restrictions record search under sub. (2gm) (a) 1.
SB104, s. 5
11Section
5. 175.35 (2gm) of the statutes is created to read:
SB104,3,1612
175.35
(2gm) (a) A person other than a firearms dealer may not transfer a
13handgun to a resident of Milwaukee County who is not a firearms dealer, and a
14resident of Milwaukee County who is not a firearms dealer may not transfer a
15handgun to a person other than a firearms dealer, unless all of the following have
16occurred:
SB104,3,1717
1. The transferee has done all of the following:
SB104,3,1918
a. Provided identification to a firearms dealer as required by rule under sub.
19(2g) (a).
SB104,3,2020
b. Completed a notification form described under sub. (2g) (b).
SB104,3,2221
c. Provided the firearms dealer the name, address, and telephone number of
22the transferor from whom the transferee intends to obtain a handgun.
SB104,4,323
2. The transferor receives written notification from a firearms dealer that the
24dealer requested the department of justice to conduct a firearms restrictions record
25search regarding the transferee and either the department issued a unique approval
1number for the transferee under sub. (2g) (c) 4. b. or the department did not complete
2a firearms restrictions record search within the time period under sub. (2) (d) or (2g)
3(c) 4. c.
SB104,4,64
(b) If the transferee in a transaction to which par. (a) applies requests that a
5firearms dealer request a firearms restrictions record search regarding the
6transferee, the firearms dealer shall do all of the following:
SB104,4,87
1. Inspect identification provided by a transferee under par. (a) 1. a. as required
8by rule under sub. (2g) (a).
SB104,4,129
2. Promptly after receiving a completed notification form under par. (a) 1. b.,
10convey the information from the completed notification form to the department of
11justice as required by rule under sub. (2g) (b) and request a firearms restrictions
12records search.
SB104,4,1713
3. Promptly notify the transferor identified under par. (a) 1. c. in writing as
14provided by rule under sub. (2g) (c) 5. of an approval or denial issued by the
15department of justice under sub. (2g) (c) 4. or of the expiration of an applicable
16deadline for completing a firearms restrictions record search under sub. (2) (d) or (2g)
17(c) 4. c.
SB104,4,2018
(c) The department of justice shall conduct a firearms restrictions record search
19requested by a firearms dealer under par. (b) 2. and notify the dealer of the results
20of the search as provided by rule under sub. (2g) (c) 4.
SB104,4,2321
(d) A firearms dealer may charge a transferee the fee under sub. (2i) plus $5
22for requesting the department of justice to conduct a firearms restrictions record
23search of the transferee under this subsection.
SB104, s. 6
24Section
6. 175.35 (2i) of the statutes is amended to read:
SB104,5,6
1175.35
(2i) The department shall charge a firearms dealer an $8 fee for each
2firearms restrictions record search that the firearms dealer requests under sub. (2)
3(c)
or (2gm) (b) 2. The firearms dealer may collect the fee from the transferee. The
4department may refuse to conduct firearms restrictions record searches for any
5firearms dealer who fails to pay any fee under this subsection within 30 days after
6billing by the department.
SB104, s. 7
7Section
7. 175.35 (2j) of the statutes is amended to read:
SB104,5,128
175.35
(2j) A firearms dealer shall maintain the original record of all completed
9notification forms and a record of all confirmation numbers and corresponding
10approval or nonapproval numbers that he or she receives regarding firearms
11restrictions record searches under sub. (2g)
or (2gm). The firearms dealer shall mail
12the duplicate copy of each completed notification form to the department of justice.
SB104, s. 8
13Section
8. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB104,5,2114
175.35
(2k) (ar) 2. Check each duplicate notification form received under sub.
15(2j) against the information recorded by the department regarding the corresponding
16request for a firearms restrictions record search under sub. (2g)
or (2gm). If the
17department previously provided a unique approval number regarding the request
18and nothing in the duplicate completed notification form indicates that the
19transferee is prohibited from possessing a firearm under s. 941.29, the department
20shall destroy all records regarding that firearms restrictions record search within 30
21days after receiving the duplicate form.
SB104, s. 9
22Section
9. 175.35 (2k) (b) 2. a. of the statutes is amended to read:
SB104,6,223
175.35
(2k) (b) 2. a. Except as provided in subd. 2. b., a log of dates of requests
24for firearms restrictions record searches under sub. (2g)
or (2gm) together with
1confirmation numbers, unique approval and nonapproval numbers and firearms
2dealer identification numbers corresponding to those dates.
SB104, s. 10
3Section
10. 175.35 (2k) (g) of the statutes is amended to read:
SB104,6,74
175.35
(2k) (g) If a search conducted under sub. (2g)
or (2gm) indicates that the
5transferee is prohibited from possessing a firearm under s. 941.29, the attorney
6general or his or her designee may disclose to a law enforcement agency that the
7transferee has attempted to obtain a handgun.
SB104, s. 11
8Section
11. 175.35 (2k) (h) of the statutes is amended to read:
SB104,6,149
175.35
(2k) (h) If a search conducted under sub. (2g)
or (2gm) indicates a felony
10charge without a recorded disposition and the attorney general or his or her designee
11has reasonable grounds to believe the transferee may pose a danger to himself,
12herself or another, the attorney general or his or her designee may disclose to a law
13enforcement agency that the transferee has obtained or has attempted to obtain a
14handgun.
SB104, s. 12
15Section
12. 175.35 (3) of the statutes is renumbered 175.35 (3) (a).
SB104, s. 13
16Section
13. 175.35 (3) (b) of the statutes is created to read:
SB104,6,1817
175.35
(3) (b) Any person who intentionally violates sub. (2gm) (a) is guilty of
18a Class G felony.
SB104,6,2120
(1) This act takes effect on the first day of the 13th month beginning after
21publication.
