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The Responsible Gun Ownership Bill # SB104

Dear friends,

I’m writing to update you on my bill that would require background checks for people who buy used guns.

As you know, Senate Bill 104 (SB 104) met heavy opposition and died when the Senate adjourned May 8th. This will require me to write a new bill for the next session. The new session begins January 5, 2009. The bill will no longer have the same number (104). It will be given a new number when it is introduced.

There has been some discussion about making the bill apply statewide. As you remember, SB 104 applied only to Milwaukee County. The case for a statewide approach has been made by Mayor Tom Barrett, District Attorney John Chisholm and others.
I thank you for your unflagging support and your continuing efforts to pass this legislation.

Sincerely,

SEN. SPENCER COGGS
District 6

The Responsible Gun Ownership Bill # SB104

The Responsible Gun Bill has finally had a public hearing. It now goes back to the Committee on Labor, Elections and Urban Affairs. It now needs three votes of the committee members to pass the bill on to the Senate Floor. Please call, write or email the five members of the committee to urge them to vote for Senate Bill #104 so it came be heard by the full committee. Slowing down the illegal gun trade is not or a Repulican or Democratic issue. Urge them to support the bill. They are:
Senator Spencer Coggs, Chairman Senator Robert Wirch, Vice Chair
Senator John Lehman, Senator Glenn Grothman,
Senator Alan Lasse,
Just click on thier name to find out more informaton of these five men.

Also a call of support to your own State Senator and Representative would help in this struggle to require background check for all transfers of handguns in Wisconsin. If you do not know who your representative is you can find that information at this site: Who are my legislatures?

Stop the Violence!

Close the Loophole in the State Law that puts handguns in the hands of children and dangerous persons.

Under current state law, a firearms deal must request that the Department of Justice (DOJ) perform a firearms restrictions record search on a handgun purchaser before the dealer may complete a sale of a handgun to the purchaser.

A persons may be prohibited from possessing a firearm for serveral reasons, including that he or she is a juvenile, a felon or, in connection with a firearm for several reasons, including that he or she is a felon or, in connection with a civil committment or a domestic abuse injunction, has been ordered not to possess a firearm.

However, presently, there is no such firearms restriction record search for “private citizens transfers of handguns. This Senate Bill, #104, requires a firearms restriction record search for transfers of handguns that do not involve a firearms dealer. A person who is not a firearms dealer may not transfer a handgun to another person who also is not a firearms dealer unless all of the following steps are completed: the person who is to receive the handgun submits a request to a firearms dealer for a record search; the firearms dealer requests that DOJ perform the record search; and the firearms dealer notifies the persons who is transferring the handgun the results of the record search.

Any person who intentionally transfers a handgun in violation of the requirements in this bill or any transferee who intentionally provides false information in connection with a frearms restrictions record search is subject to a fine of not less than $500 and not more than $10,000 and may be imprisoned for up to nine months.

The full Senate Bill, #104) follows:

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

1 SECTION1. 175.35 (2Dof the statutes is amended to read:
2 175.35 (2f) When a firearms dealer requests that the department of justice provide a firearms restrictions record search under sub. (2g) or (2gm), he or she shall provide truthful information about his or her status as a firearms dealer and shall provide an accurate firearms dealer identification number obtained under sub. (2h). A person may request that the department provide a firearms restrictions record
7 search under sub. (2g) or (2gm) only if he or she is a firearms dealer.

SECTION 2. 175.35 (2g) (b) of the statutes is amended to read:
175.35 (2g) (b) The department of justice shall promulgate rules prescribing a notification form for use under ~ subs. (2) and (2gm) requiring the transferee to provide his or her name, date of birth, -gender, race and social security number and other identification necessary to permit an accurate firearms restrictions record search under par. © 3. and the required notification under par. © 4. The department ofjustice shall make the forms available at locations throughout the state.

SECTION 3. 175.35 (2g) © (intro.) of the statutes is amended to read: 175.35 (2g) © (intro.) The department of justice shall promulgate rules for firearms restrictions record searches regarding transferees under BYlh-subs. (2) and (2gm), including procedures for all of the following:

SECTION 4. 175.35 (2g) © 5. of the statutes is created to read:
175.35 (2g) © 5. A fireams dealer to notify a transferor under sub. (2gm) in writing of the results of a firearms restrictions record search regarding a transferee who requests a firearms restrictions record search under sub. (2gm) (a) 1.

SECTION 5. 175.35 (2gm) of the statutes is created to read:
175.35 (2gm) (a) A person other than a firearms dealer may not transfer a
handgun to another person who is not a firearms dealer unless all of the following have occurred:
1. The transferee has done all of the following:
a. Provided identification to a firearms dealer as required by rule under sub. (2g) (a).
b. Completed a notification form described under sub. (2g) (b).
c. Provided the firearms dealer the name, address, and telephone number of the transferor from whom the transferee intends to obtain a handgun.
2. The transferor receives written notification from a firearms dealer that the dealer requested the department ofjustice to conduct a firearms restrictions record search regarding the transferee and either the department issued a unique approval number for the for the transferee under sub. (2) © 4. b or the department di dnot complete a firearms restrictions record search within the time period under sub. (2) (d) or (2g) © 4. c.
(b) If the transferee in a transaction to which par. (a) applies requests that a firearms dealer request restriction record search regarding the transferee, the firearms dealer shall do all of the following:identification provided by a transferee under par. (a) 1. a. as required by rule under sub. (2g) (a).
2. Promptly after receiving a completed notification form under par. (a) 1. b.,convey the information from the completed notification form to the department of justice as required by rule under sub. (2g) (b) and request a firearms restrictions
records search.
3. Promptly notify the transferor identified under par. (a) 1. c. in writing as provided by rule under sub. (2g) © 5. of an approval or denial issued by the department of justice under sub. (2g) © 4. or of the expiration of an applicable deadline for completing afire arms restrictions record search under sub. (2) (d) or (2g)© 4. c.
© The department ofjustice shall conduct a firearms restrictions record search requested by a firearms dealer under par. (b) 2. and notify the dealer of the results of the search as provided by rule under sub. (2g) © 4.
(d) A firearms dealer may charge a transferee the fee under sub. (2i) plus $5 for requesting the department of justice to conduct a fIrearms restrictions record search of the transferee under this subsection.

SECTION 6. 175.35 (2i) of the statutes is amended to read:
The department shall charge a firearms dealer an $8 fee for each
firearms restrictions record search that the firearms dealer requests under sub. (2)© or (2gm) (b) 2. The firearms dealer may collect the fee from the transferee. The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection within 30 days after billing by the department.

SECTION 7. 175.35 (2j) of the statutes is amended to read:
175.35 (2j) A firearms dealer shall maintain the original record of all completed notification forms and a record of all confirmation numbers and corresponding approval or non approval numbers that he or she receives regarding firearms restrictions record searches under sub. (2g) or (2gm). The firearms dealer shall mailthe duplicate copy of each completed notification form to the department of justice.

SECTION 8. 175.35 (2k) (ar) 2. of the statutes is amended to read:
175.35 (2k) (ar) 2. Check each duplicate notification form received under sub.(2j) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under sub. (2g) or (2gm). If the department previously provided a unique approval number regarding the requestand nothing in the duplicate completed notification form indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the department shal~destroy all records regarding that firearms restrictions record search within 30
days after receiving the duplicate form.

SECTION 9. 175.35 (2k) (b) 2. a. of the statutes is amended to read:175.35 (2k) (b) 2. a. Except as provided in subd. 2. b., a log of dates of requests for firearms restrictions record searches under sub. (2g) or (2gm) together with confirmation numbers, unique approval and non approval numbers and firearms dealer identification numbers corresponding to those dates.

SECTION 10. 175.35 (2k) (g) of the statutes is amended to read:
175.35 (2k) (g) If a search conducted under sub. (2g) or (2gm) indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has attempted to obtain a handgun.

SECTION 11. 175.35 (2k) (h) of the statutes is amended to read:
175.35 (2k) (h) If a search conducted under sub. (2g) or (2gm) indicates a felony charge without a recorded disposition and the attorney general or his or her designee has reasonable grounds to believe the transferee rpay pose a danger to himself,herself or another, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has obtained or has attempted to, obtain a handgun.

SECTION 12. 175.35 (3) of the statutes is amended to read:
175.35 (3) Any person who intentionally violates sub. (2), (2e), (2), (2gm) (a),or (2j) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SECTION 13. Effective date.
(1) This act takes effect on the first day of the 13th month beginning after
publication.
(END)

Last edited by marna. Based on work by Bob Graf and TeganDowling.  Page last modified on August 03, 2008

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