2023 - 2024 LEGISLATURE
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2023 SENATE BILL 372
August 9, 2023 - Introduced by Senators L. JOHNSON, AGARD, ROYS, CARPENTER,
HESSELBEIN, SPREITZER, SMITH, LARSON and PFAFF, cosponsored by
Representatives STUBBS, ANDRACA, DOYLE, JOERS, SUBECK, CONLEY,
SNODGRASS, RATCLIFF, JACOBSON, HONG, CABRERA, OHNSTAD, MOORE OMOKUNDE,
GOYKE, PALMERI, BARE, J. ANDERSON, C. ANDERSON, CONSIDINE, VINING, MYERS,
BILLINGS, BALDEH, SINICKI, RIEMER, SHELTON, CLANCY, MADISON and EMERSON.
Referred to Committee on Judiciary and Public Safety.
1 AN ACT to repeal 175.35 (1) (b); to renumber 175.35 (2) (a), (b), (c) and (d) and
2 175.35 (2j); to renumber and amend 175.35 (2) (intro.) and 175.35 (2i); to
3 amend 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)
5 2. b., 175.35 (2k) (g), 175.35 (2k) (h), 175.35 (2L), 175.35 (2t) (a), (b) and (c),
6 175.35 (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
8 973.176 (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)
10 of the statutes; relating to: sales and transfers of firearms and providing a
11 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
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SENATE BILL 372
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;
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:
1 SECTION 1. 20.455 (2) (gr) of the statutes is amended to read:
2 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or
3 certifications to carry concealed weapons. All moneys received as fee payments under
4 ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and
5 b. to provide services under ss. 175.35, 175.49, and 175.60.
6 SECTION 2. 175.33 of the statutes is created to read:
7 175.33 Transfer of firearms. (1) In this section:
8 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or
9 grandchild. The relationship may be by blood, marriage, or adoption.
10 (b) “Firearm” includes the frame or receiver of a firearm.
11 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
12 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).
13 (2) No person may transfer ownership of a firearm, or be transferred ownership
14 of a firearm, unless one of the following applies:
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SENATE BILL 372 SECTION 2
1 (a) The transferor is a firearms dealer.
2 (b) The transferor makes the transfer to or through a firearms dealer and
3 obtains a receipt under s. 175.35 (2j) (b).
4 (c) The transfer of ownership of the firearm is one of the transfers listed under
5 s. 175.35 (2t).
6 (d) The transferor is transferring ownership of the firearm to a family member
7 by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
8 firearm under s. 941.29 or federal law, and the transferee is at least 18 years of age.
9 (3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
10 and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
11 for not more than 9 months. The person is also prohibited under s. 941.29 from
12 possessing a firearm for a period of 2 years.
13 SECTION 3. 175.35 (title) of the statutes is amended to read:
14 175.35 (title) Purchase Transfer of handguns firearms.
15 SECTION 4. 175.35 (1) (at) of the statutes is amended to read:
16 175.35 (1) (at) “Firearms restrictions record search" means a search of
17 department of justice records to determine whether a person seeking to purchase be
18 transferred a handgun firearm is prohibited from possessing a firearm under s.
19 941.29. “Firearms restrictions record search" includes a criminal history record
20 search, a search to determine whether a person is prohibited from possessing a
21 firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant
22 criminal background check system to determine whether a person has been ordered
23 not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or
24 55.12 (10) (a), a search to determine whether the person is subject to an injunction
25 under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
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1 by a court established by any federally recognized Wisconsin Indian tribe or band,
2 except the Menominee Indian tribe of Wisconsin, that includes notice to the
3 respondent that he or she is subject to the requirements and penalties under s.
4 941.29 and that has been filed with the circuit court under s. 813.128 (3g), and a
5 search to determine whether the person is prohibited from possessing a firearm
6 under s. 813.123 (5m) or 813.125 (4m).
7 SECTION 5. 175.35 (1) (b) of the statutes is repealed.
8 SECTION 6. 175.35 (1) (br) of the statutes is created to read:
9 175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away,
10 or otherwise dispose of.
11 SECTION 7. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and
12 amended to read:
13 175.35 (2) (am) When a firearms dealer sells transfers a handgun firearm,
14 including the frame or receiver of a firearm, he or she may not transfer possession
15 of that handgun firearm to any other person until all of the following have occurred:
16 requirements under par. (cm) have been met.
17 SECTION 8. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
18 (2) (cm) 1., 2., 3. and 4.
19 SECTION 9. 175.35 (2) (bm) of the statutes is created to read:
20 175.35 (2) (bm) When a person transfers a firearm, including the frame or
21 receiver of a firearm, through a firearms dealer, the transfer of possession of that
22 firearm may not be made until all of the requirements of par. (cm) have been met.
23 SECTION 10. 175.35 (2) (cm) (intro.) of the statutes is created to read:
24 175.35 (2) (cm) (intro.) All of the following must have occurred before a transfer
25 of a firearm occurs under par. (am) or (bm):
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1 SECTION 11. 175.35 (2g) (a) of the statutes is amended to read:
2 175.35 (2g) (a) The department of justice shall promulgate rules prescribing
3 procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
4 dealer to inspect identification containing a photograph of the transferee.
5 SECTION 12. 175.35 (2g) (b) 1. of the statutes is amended to read:
6 175.35 (2g) (b) 1. The department of justice shall promulgate rules prescribing
7 a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to
8 provide his or her name, date of birth, gender, race and social security number and
9 other identification necessary to permit an accurate firearms restrictions record
10 search under par. (c) 3. and the required notification under par. (c) 4. The department
11 of justice shall make the forms available at locations throughout the state.
12 SECTION 13. 175.35 (2g) (b) 2. of the statutes is amended to read:
13 175.35 (2g) (b) 2. The department of justice shall ensure that each notification
14 form under subd. 1. requires the transferee to indicate that he or she is not
15 purchasing receiving a transfer of the firearm with the purpose or intent to transfer
16 the firearm to a person who is prohibited from possessing a firearm under state or
17 federal law and that each notification form informs the transferee that making a
18 false statement with regard to this purpose or intent is a Class H felony.
19 SECTION 14. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
20 amended to read:
21 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each
22 firearms restrictions record search that the firearms dealer requests under sub. (2)
23 (c) (cm) 3.
24 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
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1 (c) The department may refuse to conduct firearms restrictions record searches
2 for any firearms dealer who fails to pay any fee under this subsection par. (a) within
3 30 days after billing by the department.
4 SECTION 15. 175.35 (2i) (b) 2. of the statutes is created to read:
5 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
6 may collect from the transferor the fee under par. (a) and any additional amount to
7 cover any costs he or she incurs in processing the transfer.
8 SECTION 16. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
9 SECTION 17. 175.35 (2j) (b) of the statutes is created to read:
10 175.35 (2j) (b) If a person transfers a firearm through a firearms dealer under
11 sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall
12 provide the person a written receipt documenting the dealer's participation in the
13 transfer.
14 SECTION 18. 175.35 (2k) (ar) 2. of the statutes is amended to read:
15 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a)
16 against the information recorded by the department regarding the corresponding
17 request for a firearms restrictions record search under sub. (2g). If the department
18 previously provided a unique approval number regarding the request and nothing
19 in the completed notification form indicates that the transferee is prohibited from
20 possessing a firearm under s. 941.29, the department shall destroy all records
21 regarding that firearms restrictions record search within 30 days after receiving the
22 notification form.
23 SECTION 19. 175.35 (2k) (c) 2. a. of the statutes is amended to read:
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1 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
2 is conducting an investigation of a crime in which a handgun firearm was used or was
3 attempted to be used or was unlawfully possessed.
4 SECTION 20. 175.35 (2k) (c) 2. b. of the statutes is amended to read:
5 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority
6 within the Wisconsin law enforcement agency that he or she has a reasonable
7 suspicion that the person who is the subject of the information request has obtained
8 or is attempting to obtain a handgun firearm.
9 SECTION 21. 175.35 (2k) (g) of the statutes is amended to read:
10 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the
11 transferee is prohibited from possessing a firearm under s. 941.29, the attorney
12 general or his or her designee may disclose to a law enforcement agency that the
13 transferee has attempted to obtain a handgun firearm.
14 SECTION 22. 175.35 (2k) (h) of the statutes is amended to read:
15 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge
16 without a recorded disposition and the attorney general or his or her designee has
17 reasonable grounds to believe the transferee may pose a danger to himself, herself
18 or another, the attorney general or his or her designee may disclose to a law
19 enforcement agency that the transferee has obtained or has attempted to obtain a
20 handgun firearm.
21 SECTION 23. 175.35 (2L) of the statutes is amended to read:
22 175.35 (2L) The department of justice shall promulgate rules providing for the
23 review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
24 to purchase receive a transfer of a handgun firearm because the firearms dealer
25 received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms
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1 restrictions record search review under those rules. If the person disagrees with the
2 results of that review, the person may file an appeal under rules promulgated by the
3 department.
4 SECTION 24. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
5 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by
6 regulations of the U.S. department of the treasury.
7 (b) Transfers of any handgun firearm between firearms dealers or between
8 wholesalers and dealers.
9 (c) Transfers of any handgun firearm to law enforcement or armed services
10 agencies.
11 SECTION 25. 175.35 (3) (b) 2. of the statutes is amended to read:
12 175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing false
13 information regarding whether he or she is purchasing receiving a transfer of the
14 firearm with the purpose or intent to transfer the firearm to another who the person
15 knows or reasonably should know is prohibited from possessing a firearm under
16 state or federal law is guilty of a Class H felony. The penalty shall include a fine that
17 is not less than $500.
18 SECTION 26. 175.60 (7) (d) of the statutes is amended to read:
19 175.60 (7) (d) A fee for a background check that is equal to the fee charged under
20 s. 175.35 (2i) (a).
21 SECTION 27. 175.60 (15) (b) 4. b. of the statutes is amended to read:
22 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged
23 under s. 175.35 (2i) (a).
24 SECTION 28. 938.208 (1) (b) of the statutes is amended to read:
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1 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed,
2 used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d),
3 short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
4 defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
5 under ch. 940 if committed by an adult.
6 SECTION 29. 938.34 (4m) (b) 2. of the statutes is amended to read:
7 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a
8 handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
9 defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
10 while committing a delinquent act that would be a felony under ch. 940 if committed
11 by an adult.