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AB325: Bill Text
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2025 - 2026 LEGISLATURE
LRB-0827/1
CMH:klm
2025 ASSEMBLY BILL 325
July 8, 2025 - Introduced by Representatives
Stubbs
,
Andraca
,
Subeck
,
Anderson
,
Moore Omokunde
,
Rivera-Wagner
,
Goodwin
,
Bare
,
Billings
,
Clancy
,
Doyle
,
Haywood
,
Taylor
,
Hong
,
Joers
,
Palmeri
,
Sinicki
,
Vining
,
Fitzgerald
,
Neubauer
,
Roe
,
Brown
,
Snodgrass
,
Mayadev
,
Hysell
,
Sheehan
,
Miresse
,
Udell
,
Arney
,
Emerson
,
DeSanto
,
Prado
,
Tenorio
,
Spaude
,
DeSmidt
,
Cruz
,
Johnson
and
Stroud
, cosponsored by Senators
L. Johnson
,
Carpenter
,
Hesselbein
,
Larson
,
Pfaff
,
Spreitzer
,
Roys
,
Ratcliff
,
Drake
,
Smith
,
Habush Sinykin
,
Dassler-Alfheim
and
Keyeski
. Referred to Committee on Criminal Justice and Public Safety.
AB325,1,11
1
An Act
to repeal
175.35 (1) (b);
to renumber
175.35 (2) (a), (b), (c) and (d) and
2
175.35 (2j);
to renumber and amend
175.35 (2) (intro.) and 175.35 (2i);
to
3
amend
20.455 (2) (gr), 175.35 (title), 175.35 (1) (at), 175.35 (2g) (a), 175.35
4
(2g) (b) 1., 175.35 (2g) (b) 2., 175.35 (2k) (ar) 2., 175.35 (2k) (c) 2. a., 175.35 (2k)
5
(c) 2. b., 175.35 (2k) (g), 175.35 (2k) (h), 175.35 (2L), 175.35 (2t) (a), (b) and (c),
6
175.35 (3) (b) 2., 175.60 (7) (d), 175.60 (15) (b) 4. b., 938.208 (1) (b), 938.34 (4m)
7
(b) 2., 938.341, 941.237 (1) (d), 941.296 (1) (b), 968.20 (3) (b), 971.17 (1g) and
8
973.176 (1);
to create
175.33, 175.35 (1) (br), 175.35 (2) (bm), 175.35 (2) (cm)
9
(intro.), 175.35 (2i) (b) 2., 175.35 (2j) (b) and 941.29 (1m) (dm), (dn) and (do) of
10
the statutes;
relating to:
sales and transfers of firearms and providing a
11
penalty.
Analysis by the Legislative Reference Bureau
Current law provides that a federally licensed firearms dealer may not transfer a handgun after a sale until the dealer has performed a background check on the prospective transferee to determine if he or she is prohibited from possessing a firearm under state or federal law. This bill generally prohibits any person from transferring any firearm, including the frame or receiver of a firearm, unless the transfer occurs through a federally licensed firearms dealer and involves a background check of the prospective transferee. Under the bill, the following are excepted from that prohibition: a transfer to a firearms dealer or to a law enforcement or armed services agency; a transfer of a firearm classified as antique; or a transfer that is by gift, bequest, or inheritance to a family member. A person who is convicted of violating the prohibition is guilty of a misdemeanor and must be fined not less than $500 nor more than $10,000, may be imprisoned for not more than nine months, and may not possess a firearm for a period of two years.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB325,1
1
Section
1
.
20.455 (2) (gr) of the statutes, as affected by
2023 Wisconsin Act
2
24
0, section
1
m., is amended to read:
AB325,2,6
3
20.455
(2)
(gr)
Handgun
Firearm
purchaser record check; checks for licenses or
4
certifications to carry concealed weapons.
All moneys received as fee payments
5
under ss. 175.35 (2i)
(a)
, 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4.
6
a. and b. to provide services under ss. 175.35, 175.49, and 175.60.
AB325,2
7
Section
2
.
175.33 of the statutes is created to read:
AB325,2,8
8
175.33
Transfer of firearms.
(1)
In this section:
AB325,2,10
9
(a) “Family member” means a spouse, parent, grandparent, sibling, child, or
10
grandchild. The relationship may be by blood, marriage, or adoption.
AB325,2,11
11
(b) “Firearm” includes the frame or receiver of a firearm.
AB325,2,12
12
(c) “Firearms dealer” has the meaning given in s. 175.35 (1) (ar).
AB325,3,1
1
(d) “Transfer” has the meaning given in s. 175.35 (1) (br).
AB325,3,3
2
(2)
No person may transfer ownership of a firearm, or be transferred
3
ownership of a firearm, unless one of the following applies:
AB325,3,4
4
(a) The transferor is a firearms dealer.
AB325,3,6
5
(b) The transferor makes the transfer to or through a firearms dealer and
6
obtains a receipt under s. 175.35 (2j) (b).
AB325,3,8
7
(c) The transfer of ownership of the firearm is one of the transfers listed under
8
s. 175.35 (2t).
AB325,3,12
9
(d) The transferor is transferring ownership of the firearm to a family
10
member by gift, bequest, or inheritance, the transferee is not prohibited from
11
possessing a firearm under s. 941.29 or federal law, and the transferee is at least 18
12
years of age.
AB325,3,16
13
(3)
Any person who intentionally violates sub. (2) is guilty of a misdemeanor
14
and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
15
for not more than 9 months. The person is also prohibited under s. 941.29 from
16
possessing a firearm for a period of 2 years.
AB325,3
17
Section
3
.
175.35 (title) of the statutes is amended to read:
AB325,3,18
18
175.35
(title)
Purchase
Transfer
of
handguns
firearms
.
AB325,4
19
Section
4
.
175.35 (1) (at) of the statutes is amended to read:
AB325,4,12
20
175.35
(1)
(at) “Firearms restrictions record search” means a search of
21
department of justice records to determine whether a person seeking to
purchase
22
receive the transfer of
a
handgun
firearm
is prohibited from possessing a firearm
23
under s. 941.29. “Firearms restrictions record search” includes a criminal history
1
record search, a search to determine whether a person is prohibited from possessing
2
a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant
3
criminal background check system to determine whether a person has been ordered
4
not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or
5
55.12 (10) (a), a search to determine whether the person is subject to an injunction
6
under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e),
7
issued by a court established by any federally recognized Wisconsin Indian tribe or
8
band, except the Menominee Indian tribe of Wisconsin, that includes notice to the
9
respondent that he or she is subject to the requirements and penalties under s.
10
941.29 and that has been filed with the circuit court under s. 813.128 (3g), and a
11
search to determine whether the person is prohibited from possessing a firearm
12
under s. 813.123 (5m) or 813.125 (4m).
AB325,5
13
Section
5
.
175.35 (1) (b) of the statutes is repealed.
AB325,6
14
Section
6
.
175.35 (1) (br) of the statutes is created to read:
AB325,4,16
15
175.35
(1)
(br) “Transfer” includes to sell, assign, pledge, lease, loan, give
16
away, or otherwise dispose of.
AB325,7
17
Section
7
.
175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am)
18
and amended to read:
AB325,4,22
19
175.35
(2)
(am) When a firearms dealer
sells
transfers
a
handgun
firearm,
20
including the frame or receiver of a firearm
, he or she may not transfer possession of
21
that
handgun
firearm
to any other person until all of the
following have occurred:
22
requirements under par. (cm) have been met.
AB325,8
1
Section
8
.
175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered
2
175.35 (2) (cm) 1., 2., 3. and 4.
AB325,9
3
Section
9
.
175.35 (2) (bm) of the statutes is created to read:
AB325,5,6
4
175.35
(2)
(bm) When a person transfers a firearm, including the frame or
5
receiver of a firearm, through a firearms dealer, the transfer of possession of that
6
firearm may not be made until all of the requirements of par. (cm) have been met.
AB325,10
7
Section
10
.
175.35 (2) (cm) (intro.) of the statutes is created to read:
AB325,5,9
8
175.35
(2)
(cm) (intro.) All of the following must occur before a firearm may be
9
transferred under par. (am) or (bm):
AB325,11
10
Section
11
.
175.35 (2g) (a) of the statutes is amended to read:
AB325,5,13
11
175.35
(2g)
(a) The department of justice shall promulgate rules prescribing
12
procedures
under sub. (2) (cm) 1.
for a transferee to provide and a firearms dealer to
13
inspect identification containing a photograph of the transferee.
AB325,12
14
Section
12
.
175.35 (2g) (b) 1. of the statutes is amended to read:
AB325,5,21
15
175.35
(2g)
(b) 1. The department of justice shall promulgate rules
16
prescribing a notification form for use under sub. (2)
(cm) 2. and 3.
requiring the
17
transferee to provide his or her name, date of birth, gender, race and social security
18
number and other identification necessary to permit an accurate firearms
19
restrictions record search under par. (c) 3. and the required notification under par.
20
(c) 4. The department of justice shall make the forms available at locations
21
throughout the state.
AB325,13
22
Section
13
.
175.35 (2g) (b) 2. of the statutes is amended to read:
AB325,6,5
23
175.35
(2g)
(b) 2. The department of justice shall ensure that each notification
1
form under subd. 1. requires the transferee to indicate that he or she is not
2
purchasing
receiving a transfer of
the firearm with the purpose or intent to transfer
3
the firearm to a person who is prohibited from possessing a firearm under state or
4
federal law and that each notification form informs the transferee that making a
5
false statement with regard to this purpose or intent is a Class H felony.
AB325,14
6
Section
14
.
175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
7
amended to read:
AB325,6,10
8
175.35
(2i)
(a) The department shall charge a firearms dealer a $10 fee for
9
each firearms restrictions record search that the firearms dealer requests under
10
sub. (2)
(c)
(cm) 3
.
AB325,6,12
11
(b) 1.
The firearms dealer may collect the fee
under par. (a)
from the
12
transferee.
AB325,6,15
13
(c)
The department may refuse to conduct firearms restrictions record
14
searches for any firearms dealer who fails to pay any fee under
this subsection
par.
15
(a)
within 30 days after billing by the department.
AB325,15
16
Section
15
.
175.35 (2i) (b) 2. of the statutes is created to read:
AB325,6,19
17
175.35
(2i)
(b) 2. If the transfer is made under sub. (2) (bm), the firearms
18
dealer may collect from the transferor the fee under par. (a) and any additional
19
amount to cover any costs he or she incurs in processing the transfer.
AB325,16
20
Section
16
.
175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
AB325,17
21
Section
17
.
175.35 (2j) (b) of the statutes is created to read:
AB325,7,2
22
175.35
(2j)
(b) If a person transfers a firearm through a firearms dealer under
23
sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall
1
provide the person a written receipt documenting the dealer’s participation in the
2
transfer.
AB325,18
3
Section
18
.
175.35 (2k) (ar) 2. of the statutes is amended to read:
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