Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB764 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 764
5	5	December 6, 2023 - Introduced by Representatives SUBECK, SINICKI, J. ANDERSON,
6	6	ANDRACA, EMERSON, CONLEY, CONSIDINE, BARE, CABRERA, JACOBSON, JOERS,
7	7	OHNSTAD, PALMERI, RATCLIFF, SHELTON, STUBBS and HAYWOOD, cosponsored by
8	8	Senators TAYLOR, LARSON, HESSELBEIN and L. JOHNSON. Referred to Committee
9	9	on Criminal Justice and Public Safety.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 165.83 (2) (d), 175.37 (title) and 175.37 (2); and to create
12	12	165.83 (2) (dd), 175.36 and 175.37 (1m) of the statutes; relating to: a
13	13	requirement to report lost or stolen firearms and providing a penalty.
14	14	Analysis by the Legislative Reference Bureau
15	15	Under this bill, a person who owns a firearm that is stolen or missing must
16	16	report the theft or loss to a law enforcement agency within 24 hours of discovering
17	17	the theft or loss. A person who violates this requirement is guilty of a Class A
18	18	misdemeanor for a first offense and guilty of a Class I felony for a subsequent offense.
19	19	A person who falsely reports a stolen or lost firearm is guilty of the current-law crime
20	20	of obstructing an officer and is subject to a fine of up to $10,000 or a sentence of
21	21	imprisonment of up to nine months, or both.
22	22	This bill also requires a person who commercially sells or transfers a firearm
23	23	to provide the purchaser or transferee a written notice of the requirement, created
24	24	in this bill, to report a theft or loss of a firearm within 24 hours of discovering it. A
25	25	seller or transferor who violates this requirement is subject to a fine of up to $500 or
26	26	imprisonment for up to 30 days, or both.
27	27	Because this bill creates a new crime or revises a penalty for an existing crime,
28	28	the Joint Review Committee on Criminal Penalties may be requested to prepare a
29	29	report.
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34	34	ASSEMBLY BILL 764
35	35	For further information see the state and local fiscal estimate, which will be
36	36	printed as an appendix to this bill.
37	37	The people of the state of Wisconsin, represented in senate and assembly, do
38	38	enact as follows:
39	39	SECTION 1. 165.83 (2) (d) of the statutes is amended to read:
40	40	165.83 (2) (d) Obtain Except as provided in par. (dd), obtain and file
41	41	information relating to identifiable stolen or lost property.
42	42	SECTION 2. 165.83 (2) (dd) of the statutes is created to read:
43	43	165.83 (2) (dd) 1. If a law enforcement agency forwards a file under s. 175.36
44	44	(2) (a) 2. to the department, enter the information into the national crime
45	45	information center systems and put the file in a database that is created for stolen
46	46	or lost firearms and make the database available to law enforcement agencies for the
47	47	purpose of locating and identifying stolen or lost firearms and identifying violators
48	48	of s. 175.36 (1).
49	49	2. If a law enforcement agency notifies the department under s. 175.36 (2) (b)
50	50	that a stolen or lost firearm has been recovered, enter that information into the
51	51	national crime information center systems and add to the database a notation that
52	52	the firearm has been recovered and the date on which it was recovered.
53	53	SECTION 3. 175.36 of the statutes is created to read:
54	54	175.36 Reporting stolen or lost firearm. (1) (a) A person who owns a
55	55	firearm and who discovers that the firearm is stolen or lost shall, within 24 hours of
56	56	the discovery, report the theft or loss to a law enforcement agency that has
57	57	jurisdiction over the area in which the firearm was stolen or lost.
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79	79	SECTION 3
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81	81	(b) If a person who has reported a theft or loss under par. (a) recovers the
82	82	firearm, the person shall report as soon as practicable to a law enforcement agency
83	83	the date on which the firearm was recovered.
84	84	(2) (a) A law enforcement agency that receives under sub. (1) (a) a report of a
85	85	stolen or lost firearm shall do all of the following:
86	86	1. Create a file that includes, if known, the date on which the firearm was stolen
87	87	or lost; the caliber, make, and model of the firearm; the serial number of the firearm;
88	88	any distinguishing mark on the firearm; and the location at which the firearm was
89	89	purchased by, or transferred to, the person making the report under sub. (1) (a).
90	90	2. As soon as practicable, forward a copy of the file created under subd. 1. to the
91	91	department of justice for inclusion in a database under s. 165.83 (2) (dd).
92	92	(b) A law enforcement agency that receives under sub. (1) (b) a report of a
93	93	recovered firearm shall report to the department of justice the date on which the
94	94	firearm was recovered.
95	95	(3) A person who reports under sub. (1) (a) a stolen or lost firearm, when he or
96	96	she knows that the report is false, is guilty of violating s. 946.41.
97	97	(4) A person who violates sub. (1) (a) is guilty of one of the following:
98	98	(a) For a first offense, a Class A misdemeanor.
99	99	(b) For a 2nd or subsequent offense, a Class I felony.
100	100	SECTION 4. 175.37 (title) of the statutes is amended to read:
101	101	175.37 (title) Warning Requirements whenever transferring a firearm.
102	102	SECTION 5. 175.37 (1m) of the statutes is created to read:
103	103	175.37 (1m) Upon the retail commercial sale or transfer of a firearm, the seller
104	104	or transferor shall provide to the buyer or transferee a written notice of the
105	105	requirements under s. 175.36 (1) and of the penalties under s. 175.36 (4).
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132	132	SECTION 6 ASSEMBLY BILL 764
133	133	SECTION 6. 175.37 (2) of the statutes is amended to read:
134	134	175.37 (2) Any person who violates sub. (1) or (1m) may be fined not more than
135	135	$500 or imprisoned for not more than 30 days or both.
136	136	SECTION 7.0Initial applicability.
137	137	(1) LOST OR STOLEN FIREARMS. The treatment of s. 175.36 (1) (a) first applies to
138	138	discoveries of stolen or lost firearms made on the effective date of this subsection.
139	139	(2) REQUIREMENTS WHEN TRANSFERRING FIREARM. The treatment of s. 175.37 (1m)
140	140	first applies to sales and transfers that occur on the effective date of this subsection.
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