Wisconsin Senate Bill SB372

Wisconsin 2023-2024 Regular Session

• Introduced: 8/9/23
• Refer: 8/9/23
• Failed: 4/15/24

Caption

Sales and transfers of firearms and providing a penalty. (FE)

Impact

This legislation is expected to substantially modify the landscape of firearm transfer regulations in Wisconsin. Previously, individuals could transfer firearms without necessarily going through a licensed dealer, which has raised concerns about unregulated sales. By compelling all transfers to go through licensed dealers, the bill aims to close loopholes that may have previously allowed firearms to fall into the hands of individuals who are prohibited from possessing them due to criminal backgrounds or mental health issues. Consequently, the law could potentially decrease incidents of gun violence associated with illicit firearm transfers.

Summary

Senate Bill 372 proposes significant amendments to the existing laws governing the transfer of firearms in Wisconsin. The bill mandates that any transfer of a firearm, including handguns and their frames or receivers, must occur through a federally licensed firearms dealer. This requirement is intended to enhance public safety by ensuring that background checks are completed before any firearms are transferred. Among the notable exceptions to this policy are transfers to firearms dealers, transfers classified as antiques, and transfers by gift or inheritance to family members, provided the recipient is not prohibited from possessing a firearm under state or federal law.

Penalties

Under SB372, a person convicted of violating the firearm transfer regulations would face penalties that include fines ranging from $500 to $10,000 and possible imprisonment for up to nine months. They would also lose their right to possess a firearm for a specified period. These penalties underscore the importance of compliance with the new transfer requirements and reflect the bill's emphasis on enforcing responsible gun ownership.

Contention

However, the bill also faces opposition from groups advocating for gun ownership rights, who argue that such regulations infringe upon the Second Amendment rights of law-abiding citizens. Critics express concern that the increased complexity in transferring firearms could unduly burden responsible gun owners and disincentivize lawful firearm purchases. Additionally, provisions imposing criminal penalties for non-compliance introduce further contention, as opponents argue that the imposition of such fines could disproportionately affect lower-income individuals who may be less familiar with the regulatory processes.