Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB674 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 SENATE BILL 674
5	5	November 9, 2023 - Introduced by Senators AGARD, ROYS, HESSELBEIN, L. JOHNSON,
6	6	LARSON and SPREITZER, cosponsored by Representatives CONSIDINE, SINICKI,
7	7	OHNSTAD, J. ANDERSON, ANDRACA, BARE, CLANCY, CONLEY, EMERSON, JACOBSON,
8	8	JOERS, PALMERI, RATCLIFF, SNODGRASS and SUBECK. Referred to Committee on
9	9	Judiciary and Public Safety.
10	10	AN ACT to amend 175.35 (1) (at) and 175.35 (2g) (c) 4. a. and b.; and to create
11	11	165.64 of the statutes; relating to: voluntary prohibitions on purchasing a
12	12	handgun.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill requires the Department of Justice to allow individuals to prohibit
15	15	themselves from purchasing a handgun. Under the bill, DOJ must maintain a
16	16	database of individuals who voluntarily prohibit themselves from purchasing a
17	17	handgun. An individual may request inclusion in the database by submitting a
18	18	request to DOJ that indicates the length of the prohibition they are requesting: a
19	19	one-year, irrevocable prohibition; a five-year prohibition, the first year being
20	20	irrevocable; or a 20-year prohibition, the first year being irrevocable. During a
21	21	revocable period, an individual may remove the prohibition by submitting to DOJ a
22	22	request for removal and an affidavit from a licensed psychiatrist or psychologist
23	23	stating that the individual may possess a firearm without being a danger to himself
24	24	or herself or another. This bill also requires DOJ, when responding to a request for
25	25	a background check from a licensed firearm dealer regarding an individual who is
26	26	in the database, to indicate that the individual is prohibited from purchasing a
27	27	handgun.
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32	32	SENATE BILL 674
33	33	For further information see the state fiscal estimate, which will be printed as
34	34	an appendix to this bill.
35	35	The people of the state of Wisconsin, represented in senate and assembly, do
36	36	enact as follows:
37	37	SECTION 1. 165.64 of the statutes is created to read:
38	38	165.64 Voluntary prohibition on handgun purchases. (1) In this section:
39	39	(a) “Department” means the department of justice.
40	40	(b) “Handgun” has the meaning given in s. 175.35 (1) (b).
41	41	(2) The department shall develop forms for individuals to submit to the
42	42	department to request, or to renew a request, that he or she be prohibited from
43	43	purchasing a handgun. The forms shall allow the individual to choose the term of
44	44	the prohibition as follows:
45	45	(a) A one-year, irrevocable term.
46	46	(b) A 5-year term, the first year being irrevocable.
47	47	(c) A 20-year term, the first year being irrevocable.
48	48	(3) If an individual submits a form requesting that he or she be prohibited from
49	49	purchasing a handgun, the department shall enter the individual's identifying
50	50	information into a database the department maintains.
51	51	(4) The department shall remove the individual's identifying information from
52	52	the database under sub. (3) if any of the following occurs:
53	53	(a) After the term under sub. (2) expires, the individual submits a form
54	54	designed by the department requesting that his or her identifying information be
55	55	removed. A term that has expired and has not been renewed continues until revoked
56	56	under this paragraph.
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79	79	SECTION 1
80	80	SENATE BILL 674
81	81	(b) Before the term under sub. (2) expires but after the request becomes
82	82	revocable under sub. (2) (b) or (c), the individual submits a form designed by the
83	83	department requesting that his or her identifying information be removed. The
84	84	individual shall submit an affidavit from a psychiatrist or a psychologist licensed
85	85	under ch. 455 stating that the individual may possess a firearm without posing a
86	86	danger to himself or herself or to another.
87	87	(5) The department may disclose an individual's identifying information
88	88	included in the database under sub. (3) only as part of a firearms restrictions record
89	89	search under s. 175.35 (2g) (c) or to the individual who is the subject of the
90	90	information.
91	91	SECTION 2. 175.35 (1) (at) of the statutes is amended to read:
92	92	175.35 (1) (at) “Firearms restrictions record search" means a search of
93	93	department of justice records to determine whether a person seeking to purchase a
94	94	handgun is prohibited from possessing a firearm under s. 941.29 or is included in the
95	95	database under s. 165.64 (3). “Firearms restrictions record search" includes a
96	96	criminal history record search, a search to determine whether a person is prohibited
97	97	from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the
98	98	national instant criminal background check system to determine whether a person
99	99	has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
100	100	54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject
101	101	to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s.
102	102	813.12 (1) (e), issued by a court established by any federally recognized Wisconsin
103	103	Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes
104	104	notice to the respondent that he or she is subject to the requirements and penalties
105	105	under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g),
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132	132	SECTION 2 SENATE BILL 674
133	133	and a search to determine whether the person is prohibited from possessing a
134	134	firearm under s. 813.123 (5m) or 813.125 (4m).
135	135	SECTION 3. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:
136	136	175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from
137	137	possessing a firearm under s. 941.29 or is included in the database under s. 165.64
138	138	(3), the department shall provide the firearms dealer with a unique nonapproval
139	139	number. The department may not disclose to the firearms dealer the reason the
140	140	transferee is prohibited from possessing a firearm under s. 941.29.
141	141	b. If the search indicates that the transferee is not prohibited from possessing
142	142	a firearm under s. 941.29 and is not included in the database under s. 165.64 (3), the
143	143	department shall provide the firearms dealer with a unique approval number.
144	144	(END)
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