Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB692 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 692
5	5	November 27, 2023 - Introduced by Representatives CONSIDINE, SINICKI, OHNSTAD,
6	6	J. ANDERSON, ANDRACA, BARE, CLANCY, CONLEY, EMERSON, JACOBSON, JOERS,
7	7	PALMERI, RATCLIFF, SNODGRASS, SUBECK and HAYWOOD, cosponsored by
8	8	Senators AGARD, ROYS, HESSELBEIN, L. JOHNSON, LARSON and SPREITZER.
9	9	Referred to Committee on Criminal Justice and Public Safety.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 175.35 (1) (at) and 175.35 (2g) (c) 4. a. and b.; and to create
12	12	165.64 of the statutes; relating to: voluntary prohibitions on purchasing a
13	13	handgun.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill requires the Department of Justice to allow individuals to prohibit
16	16	themselves from purchasing a handgun. Under the bill, DOJ must maintain a
17	17	database of individuals who voluntarily prohibit themselves from purchasing a
18	18	handgun. An individual may request inclusion in the database by submitting a
19	19	request to DOJ that indicates the length of the prohibition they are requesting: a
20	20	one-year, irrevocable prohibition; a five-year prohibition, the first year being
21	21	irrevocable; or a 20-year prohibition, the first year being irrevocable. During a
22	22	revocable period, an individual may remove the prohibition by submitting to DOJ a
23	23	request for removal and an affidavit from a licensed psychiatrist or psychologist
24	24	stating that the individual may possess a firearm without being a danger to himself
25	25	or herself or another. This bill also requires DOJ, when responding to a request for
26	26	a background check from a licensed firearm dealer regarding an individual who is
27	27	in the database, to indicate that the individual is prohibited from purchasing a
28	28	handgun.
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33	33	ASSEMBLY BILL 692
34	34	For further information see the state fiscal estimate, which will be printed as
35	35	an appendix to this bill.
36	36	The people of the state of Wisconsin, represented in senate and assembly, do
37	37	enact as follows:
38	38	SECTION 1. 165.64 of the statutes is created to read:
39	39	165.64 Voluntary prohibition on handgun purchases. (1) In this section:
40	40	(a) “Department” means the department of justice.
41	41	(b) “Handgun” has the meaning given in s. 175.35 (1) (b).
42	42	(2) The department shall develop forms for individuals to submit to the
43	43	department to request, or to renew a request, that he or she be prohibited from
44	44	purchasing a handgun. The forms shall allow the individual to choose the term of
45	45	the prohibition as follows:
46	46	(a) A one-year, irrevocable term.
47	47	(b) A 5-year term, the first year being irrevocable.
48	48	(c) A 20-year term, the first year being irrevocable.
49	49	(3) If an individual submits a form requesting that he or she be prohibited from
50	50	purchasing a handgun, the department shall enter the individual's identifying
51	51	information into a database the department maintains.
52	52	(4) The department shall remove the individual's identifying information from
53	53	the database under sub. (3) if any of the following occurs:
54	54	(a) After the term under sub. (2) expires, the individual submits a form
55	55	designed by the department requesting that his or her identifying information be
56	56	removed. A term that has expired and has not been renewed continues until revoked
57	57	under this paragraph.
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78	78	LRB-4965/1
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80	80	SECTION 1
81	81	ASSEMBLY BILL 692
82	82	(b) Before the term under sub. (2) expires but after the request becomes
83	83	revocable under sub. (2) (b) or (c), the individual submits a form designed by the
84	84	department requesting that his or her identifying information be removed. The
85	85	individual shall submit an affidavit from a psychiatrist or a psychologist licensed
86	86	under ch. 455 stating that the individual may possess a firearm without posing a
87	87	danger to himself or herself or to another.
88	88	(5) The department may disclose an individual's identifying information
89	89	included in the database under sub. (3) only as part of a firearms restrictions record
90	90	search under s. 175.35 (2g) (c) or to the individual who is the subject of the
91	91	information.
92	92	SECTION 2. 175.35 (1) (at) of the statutes is amended to read:
93	93	175.35 (1) (at) “Firearms restrictions record search" means a search of
94	94	department of justice records to determine whether a person seeking to purchase a
95	95	handgun is prohibited from possessing a firearm under s. 941.29 or is included in the
96	96	database under s. 165.64 (3). “Firearms restrictions record search" includes a
97	97	criminal history record search, a search to determine whether a person is prohibited
98	98	from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the
99	99	national instant criminal background check system to determine whether a person
100	100	has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
101	101	54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject
102	102	to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s.
103	103	813.12 (1) (e), issued by a court established by any federally recognized Wisconsin
104	104	Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes
105	105	notice to the respondent that he or she is subject to the requirements and penalties
106	106	under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g),
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133	133	SECTION 2 ASSEMBLY BILL 692
134	134	and a search to determine whether the person is prohibited from possessing a
135	135	firearm under s. 813.123 (5m) or 813.125 (4m).
136	136	SECTION 3. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:
137	137	175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from
138	138	possessing a firearm under s. 941.29 or is included in the database under s. 165.64
139	139	(3), the department shall provide the firearms dealer with a unique nonapproval
140	140	number. The department may not disclose to the firearms dealer the reason the
141	141	transferee is prohibited from possessing a firearm under s. 941.29.
142	142	b. If the search indicates that the transferee is not prohibited from possessing
143	143	a firearm under s. 941.29 and is not included in the database under s. 165.64 (3), the
144	144	department shall provide the firearms dealer with a unique approval number.
145	145	(END)
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