Read the full stored bill text
Wisconsin Legislature: SB1046: Bill Text
Skip navigation
Home
Documents
Senate
Assembly
Committees
Service Agencies
Docs
Options
Help
2025 Biennium
Statutes
Admin. Rules
Indices
Miscellaneous
Archives
Home
Bill, Rule, and Appointment Histories
Senators
Representatives
Committees
Text of Introduced Proposals
Amendment Text
Acts
Veto Messages
Enrolled Bills
Votes
Assembly and Senate Floor Calendars
Schedule of Committee Activities
Assembly and Senate Journals
Committee Records (ROCPs)
Legislative Rules
All Session-Related Documents
Subject Index to Acts
Subject Index to Legislation
Subject Index to Journals
Author Index to Legislation
Subject Index to Clearinghouse Rules
Miscellaneous Budget Documents
Executive Orders
Rulings of the Chair
Wisconsin Supreme Court Rules
Opinions of the Attorney General
Town Law Forms
Law
Districts
Session
Drafting Files
Feeds
Preferences
Show tree
Hide tree
Feedback
Help
Home
Senate Home
Senators
Committees
Session
Chief Clerk
Sergeant at Arms
Civics Education
Human Resources
Assembly Home
Representatives
Committees
Session
Chief Clerk
Sergeant at Arms
Human Resources
Schedule
Joint
Senate
Assembly
Study
Legislative Audit Bureau
Legislative Council
Legislative Fiscal Bureau
Legislative Human Resources Office
Legislative Reference Bureau
Legislative Technology Services Bureau
Menu
»
2025
»
Related Documents
»
Proposal Text
»
SB1046: Bill Text
Up
Up
2025 - 2026 LEGISLATURE
LRB-6366/1
CMH:cdc
2025 SENATE BILL 1046
February 24, 2026 - Introduced by Senators
L. Johnson
,
Ratcliff
,
Roys
,
Larson
and
Dassler-Alfheim
, cosponsored by Representatives
Fitzgerald
,
Andraca
,
Bare
,
Brown
,
DeSanto
,
Joers
,
Kirsch
,
McCarville
,
Miresse
,
Roe
,
Sheehan
,
Sinicki
,
Stroud
,
Stubbs
and
Tenorio
. Referred to Committee on Government Operations, Labor and Economic Development.
SB1046,1,10
1
An Act
to renumber and amend
941.2905 (1);
to amend
20.455 (2) (gr),
2
51.20 (13) (cv) 4., 51.45 (13) (i) 4., 54.10 (3) (f) 4., 55.12 (10) (d), 175.60 (7) (d),
3
175.60 (15) (b) 4. b., 813.12 (6) (am) 1., 813.12 (6) (am) 2., 813.122 (9) (am) 1.,
4
813.122 (9) (am) 2., 813.123 (8m) (a), 813.123 (8m) (b), 813.125 (5r) (a),
5
813.125 (5r) (b), 938.208 (1) (b), 938.34 (4m) (b) 2., 938.396 (2g) (n), 939.46 (3),
6
941.237 (1) (d), 941.2905 (2) (intro.), 941.296 (1) (b) and 968.20 (3) (b);
to
7
repeal and recreate
175.35 and 175.37;
to create
20.455 (2) (gs), 66.05115,
8
146.27, 165.64, 941.2905 (1g) and 941.2905 (1m) (b) of the statutes;
relating
9
to:
permits for firearms dealers, firearms transactions and safety, firearms
10
crimes, making an appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
Permits for firearms dealers
Under current federal law, persons who regularly engage in the sale of firearms for profit must have a license issued by the U.S. Department of Justice. This bill requires dealers who offer to sell at least five firearms in one year to also get a permit issued by the Wisconsin Department of Justice for each location at which sales are conducted. A person who violates this provision is guilty of misdemeanor for a first offense and a Class I felony for a repeat offense.
Under the bill, a person may apply for a state permit, and DOJ must act on the application within 90 days. Under the bill, DOJ must issue a permit to an applicant who is at least 21 years old and has a federal license unless the applicant is prohibited from possessing a firearm; had a license or permit involving a firearm revoked within the 10 years prior to submitting the application; or had been convicted of a violation involving a firearm within the 10 years prior to submitting the application. The fee for an application is $250. A permit is valid for one year, and a permittee must apply to renew the permit and pay a $200 renewal fee. The bill provides an appeal process if DOJ denies an applicant a permit or revokes a permit.
Under the bill, DOJ must conduct an on-site inspection of each permittee within a year after granting the permit and shall conduct an annual on-site inspection of at least 20 percent of the other permittees.
Regulating firearms transactions
Under current law, a federally licensed firearms dealer may not transfer possession of a firearm after a sale until the dealer requests DOJ to conduct a background check on the prospective transferee to ensure that they are not prohibited from possessing a firearm. This bill retains this requirement but adds a waiting period of seven days between the request for a background check and the transfer of the firearm. A dealer who transfers a firearm without conducting a background check or without waiting the seven days is guilty of a misdemeanor for a first violation and a Class I felony for a repeat violation.
The bill regulates “gun industry members,” which the bill defines as a person engaged in the sale, manufacturing, distribution, importing, or marketing of firearms, ammunition, magazines, or accessories. The bill prohibits gun industry members from knowingly or recklessly creating, maintaining, or contributing to a condition that endangers the safety or health of the public through the sale, manufacturing, importing, or marketing of a firearm, ammunition, or a firearm component by conduct that is unlawful or unreasonable. The bill requires a gun industry member that manufactures, markets, imports, or offers for wholesale or retail sale a firearm, ammunition, or a firearm component to use reasonable controls and procedures to prevent those products from being unlawfully possessed, used, marketed, or sold. Under the bill, “reasonable controls” include business practices that prevent theft of firearms, ammunition, or firearm components; sales of firearms to persons prohibited from possessing a firearm; or straw purchases of firearms. The bill sets up a process for the attorney general to follow to enforce the regulations described in this paragraph.
The bill requires a firearms dealer to retain an electronic record of each firearm purchase and transfer; a monthly inventory of all firearms; all transaction forms required by the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; and other records of business on the dealer’s premises. The dealer must also retain a record of any commissions or bonuses given to employees for sales of firearms. Under the bill, the records must be available for inspection by DOJ and law enforcement agencies.
Security of premises where firearms are sold and firearm safety
The bill requires that, if a firearms dealer or manufacturer receives a firearm trace request from a law enforcement agency, the dealer or manufacturer must respond to the request within 24 hours. In addition, if a firearms dealer or manufacturer experiences a loss, theft, or unlawful transfer of a firearm or ammunition, the dealer or manufacture must report it within 24 hours of learning of it. The report must go to DOJ, a law enforcement agency with jurisdiction over the premises, and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
The bill also provides security measures that firearms dealers must follow. Some security measures differ depending on whether the business is attended or unattended, but some are more general including the requirement that the premises be monitored by a digital video surveillance system and an alarm system or service.
The bill further requires a firearms dealer to ensure that each firearm transferred includes a trigger lock or other device designed to disable the firearm and prevent the discharge of the firearm or a gun case or container that can be secured.
Lastly, the bill requires a firearms dealer to display warnings about dangers of firearms in homes, to post numbers to call or text for the Suicide and Crisis hotline, and to post signs regarding the storage of firearms and advising that firearm owners should report the loss or theft of a firearm to a law enforcement agency.
Printed information for firearms dealers
The bill requires the Department of Health Services to consult with DOJ to develop detailed printed information in English and Spanish for firearms dealers to distribute. The information must focus on the risks of access to firearms, the importance of laws that regulate firearms, the importance of reporting lost or stolen firearms, a summary of the crimes against public health and safety, the duties of people who sell, purchase, or possess firearms, and suicide prevention resources.
Tracing and ballistics requirements for law enforcement officers
The bill requires all law enforcement agencies to participate in “eTrace” which is an online system under the federal Bureau of Alcohol, Tobacco, Firearms and Explosives that allows law enforcement agencies to submit firearm traces and receive firearm trace results, search all firearm traces submitted by their agency, and perform other functions. The bill also requires law enforcement officers that possess a recovered firearm to submit a firearm trace request to eTrace within 48 hours of recovering the firearm. The bill defines a “recovered firearm” to be a firearm that has been seized, taken into custody, or is otherwise being investigated by a law enforcement agency if it was unlawfully possessed, used for unlawful purposes, recovered from the scene of a crime, believed to have been used in a crime, or abandoned, lost, or discarded. The bill also requires the law enforcement agency to test fire the recovered firearm and enter the information from the test fire into the National Integrated Ballistic Information Network System.
Under the bill, DOJ must compile all eTrace data entered by a law enforcement agency. DOJ must analyze the data to look for patterns and trends relating to recovered firearms. DOJ must maintain a public online dashboard that allows users to view the patterns and trends. DOJ must also maintain a platform for law enforcement agencies to view statewide trace data that identify firearm traffickers, individuals who commit crimes with firearms, individuals who are prohibited from possessing firearms, and any known source of firearms used in crimes.
DOJ must annually notify each firearms dealer and manufacturer of the total number of firearm trace requests involving the dealer or manufacturer for the prior year, as well as other related data.
Straw purchasing of firearms
Under current law, a person who intentionally furnishes, purchases, or possesses a firearm for a person, knowing that the person is prohibited from possessing a firearm, is guilty of a Class G felony. This crime is commonly known as “straw purchasing.” This bill increases the penalty to a Class D felony. The bill adds that no person may purchase or receive a firearm on behalf of an individual, and no dealer may sell or transfer a firearm to a person knowing the person is purchasing or receiving the firearm on behalf of an individual, if there is reasonable cause to know that the individual intends to use the firearm, or give to another to use, in furtherance of a felony, a federal crime of terrorism, or a drug trafficking crime. The penalty for the new crime is a Class D felony.
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 and local 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:
SB1046,1
1
Section
1
.
20.455 (2) (gr) of the statutes, as affected by
2025 Wisconsin Act
2
24
0, is amended to read:
SB1046,3,2
3
20.455
(2)
(gr)
Handgun purchaser record check;
permits for firearms dealers;
4
and
checks for licenses or certifications to carry concealed weapons.
All moneys
5
received as fee payments under ss.
165.64 (2) (f) and (3) (b),
175.35
(2i)
(2) (a) 3.
,
1
175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. to provide
2
services under ss. 165.28,
165.64,
175.35,
175.37,
175.49, and 175.60.
SB1046,2
3
Section
2
.
20.455 (2) (gs) of the statutes is created to read:
SB1046,3,5
4
20.455
(2)
(gs)
Permits for firearms dealers.
A sum sufficient to administer ss.
5
165.64, 175.35, and 175.37.
SB1046,3
6
Section
3
.
51.20 (13) (cv) 4. of the statutes is amended to read:
SB1046,3,19
7
51.20
(13)
(cv) 4. If the court orders a subject individual not to possess a
8
firearm under subd. 1. or cancels under subd. 1m. c. an order issued under subd. 1.
9
or under s. 51.20 (13) (cv) 1., 2007 stats., the court clerk shall notify the department
10
of justice of that fact and provide any information identifying the subject individual
11
that is necessary to permit an accurate firearms restrictions record search under s.
12
175.35
(2g) (c)
(2) (a) 3.
, a background check under s. 175.60 (9g) (a), or an accurate
13
response under s. 165.63. No other information from the subject individual’s court
14
records may be disclosed to the department of justice except by order of the court.
15
The department of justice may disclose information provided under this subdivision
16
only to respond to a request under s. 165.63, as part of a firearms restrictions record
17
search under s. 175.35
(2g) (c)
(2) (a) 3.
, under rules the department of justice
18
promulgates under s. 175.35
(2g) (d)
, or as part of a background check under s.
19
175.60 (9g) (a).
SB1046,4
20
Section
4
.
51.45 (13) (i) 4. of the statutes is amended to read:
SB1046,4,8
21
51.45
(13)
(i) 4. If the court orders under subd. 1. a person not to possess a
22
firearm or cancels under subd. 2. c. an order issued under subd. 1., the court clerk
23
shall notify the department of justice of the order or cancellation and provide any
24
information identifying the person that is necessary to permit an accurate firearms
1
restrictions record search under s. 175.35
(2g) (c)
(2) (a) 3.
, a background check
2
under s. 175.60 (9g) (a), or an accurate response under s. 165.63. No other
3
information from the person’s court records may be disclosed to the department of
4
justice except by order of the court. The department of justice may disclose
5
information provided under this subdivision only to respond to a request under s.
6
165.63, as part of a firearms restrictions record search under s. 175.35
(2g) (c)
(2) (a)
7
3.
, under rules the department of justice promulgates under s. 175.35
(2g) (d)
, or as
8
part of a background check under s. 175.60 (9g) (a).
SB1046,5
9
Section
5
.
54.10 (3) (f) 4. of the statutes is amended to read:
SB1046,4,21
10
54.10
(3)
(f) 4. If the court orders under subd. 1. an individual not to possess
11
a firearm or cancels under subd. 2. c. an order issued under subd. 1., the court clerk
12
shall notify the department of justice of the order or cancellation and provide any
13
information identifying the individual that is necessary to permit an accurate
14
firearms restrictions record search under s. 175.35
(2g) (c)
(2) (a) 3.
, a background
15
check under s. 175.60 (9g) (a), or an accurate response under s. 165.63. No other
16
information from the individual’s court records may be disclosed to the department
17
of justice except by order of the court. The department of justice may disclose
18
information provided under this subdivision only to respond to a request under s.
19
165.63, as part of a firearms restrictions record search under s. 175.35
(2g) (c)
(2) (a)
20
3.
, under rules the department of justice promulgates under s. 175.35
(2g) (d)
, or as
21
part of a background check under s. 175.60 (9g) (a).
SB1046,6
22
Section
6
.
55.12 (10) (d) of the statutes is amended to read:
SB1046,5,10
23
55.12
(10)
(d) If the court orders under par. (a) an individual not to possess a
24
firearm or cancels under par. (b) 3. an order issued under par. (a), the court clerk
1
shall notify the department of justice of the order or cancellation and provide any
2
information identifying the individual that is necessary to permit an accurate
3
firearms restrictions record search under s. 175.35
(2g) (c)
(2) (a) 3.
, a background
4
check under s. 175.60 (9g) (a), or an accurate response under s. 165.63. No other
5
information from the individual’s court records may be disclosed to the department
6
of justice except by order of the court. The department of justice may disclose
7
information provided under this paragraph only to respond to a request under s.
8
165.63, as part of a firearms restrictions record search under s. 175.35
(2g) (c)
(2) (a)
9
3.
, under rules the department of justice promulgates under s. 175.35
(2g) (d)
, or as
10
part of a background check under s. 175.60 (9g) (a).
SB1046,7
11
Section
7
.
66.05115 of the statutes is created to read:
SB1046,5,13
12
66.05115
Tracing and ballistics requirements for law enforcement.
13
(1)
In this section:
SB1046,5,18
14
(a) “eTrace” means the Internet-based system under the federal bureau of
15
alcohol, tobacco, firearms and explosives that allows a participating law
16
enforcement agency to submit firearm traces and receive firearm trace results,
17
search all firearm traces submitted by their agency, and perform analytical
18
functions, or its successor system.
SB1046,5,20
19
(b) “National integrated ballistic information network system” includes a
20
successor system.
SB1046,5,21
21
(c) “Recovered firearm” has the meaning given in s. 165.64 (1) (h).
SB1046,5,22
22
(2)
Each law enforcement agency shall participate in eTrace.
SB1046,5,24
23
(3)
If a law enforcement agency is in possession of a recovered firearm, the law
24
enforcement agency shall do all of the following:
SB1046,6,2
1
(a) Submit a firearm trace request to eTrace for the recovered firearm within
2
48 hours of recovery. The request shall include all of the following:
SB1046,6,6
3
1. The address of the location from which the firearm was recovered, a brief
4
description of how the law enforcement agency came into possession of the
5
recovered firearm, and any crime that may have been committed with the recovered
6
firearm.
SB1046,6,9
7
2. Information about the person who last possessed the recovered firearm,
8
including the person’s name, birthdate, sex, last known address, and any affiliation
9
with persons who have been convicted of a crime.
SB1046,6,11
10
3. The make model, caliber or gauge, manufacture, and serial number of the
11
recovered firearm.
Down
Down
/2025/related/proposals/sb1046
true
proposaltext
/2025/related/proposals/sb1046
proposaltext/2025/REG/SB1046
proposaltext/2025/REG/SB1046
section
true
Menu
»
2025
»
Related Documents
»
Proposal Text
»
SB1046: Bill Text
×
Details for
PDF view
Link
(Permanent link)
Bookmark this location
View toggle
Go to top of document
Search in this chapter
Search in this section
Search in this agency
Search in this chapter group
Search in this chapter
Search in this section
Cross references for section
Acts affecting this section
References to this
1970 Statutes Annotations
Appellate Court Citations
Administrative Code Index
Reference lines
Clear highlighting