Wisconsin Statutory Elements and Consequences
Chapter 175 Miscellaneous Police Provisions
The Wisconsin Statutory Elements and Consequences is a compilation of criminal statutory components, organized by Wisconsin statute chapter and enhanced with definitions of frequently referenced terms, and links to Wisconsin Criminal Jury Instructions. The information provided on this website should not be construed as legal advice and is meant for informational purposes only. Please note that this information may not be up to date. For more information about this resource, contact Bryce Pierson by email or phone at (608) 266-7807.
Table of contents
- § 175.35(2) Purchase of handguns: firearm dealers’ transfer of a handgun before completion of all required procedures
- § 175.35(2e) Purchase of handguns: providing untruthful information on the notification form
- § 175.35(2f) Purchase of handguns: providing untruthful information regarding firearms dealer status or inaccurate firearms dealer identification numbers
- § 175.35(2j) Purchase of handguns: firearms dealer’s failure to maintain records
- § 175.60(16) Carrying a weapon by licensee where prohibited
§ 175.35(2) Purchase of handguns: firearm dealers’ transfer of a handgun before completion of all required procedures
Summary
To be guilty of this offense, the prosecution must prove that the defendant, a firearms dealer, transferred possession of a handgun to another person before completing all the legally required steps. These steps include verifying the transferee’s identification, having the transferee complete a notification form, conveying the information to the Department of Justice, requesting a firearms restrictions record search, and receiving an approval number from the Department of Justice.
Elements of the Offense
- Defendant is a Firearms Dealer: The defendant must be engaged in the business of importing, manufacturing, or dealing in firearms and have a license as an importer, manufacturer, or dealer issued by the federal government.
- Sale of a Handgun: The defendant must have sold a handgun.
- Transfer of Possession of a Handgun: The defendant must have transferred possession of the handgun to another person before all the following steps were completed:
- The transferee provided identification as required by rule under sub. (2g)(a).
- The transferee completed the notification form described in sub. (2g)(b).
- The defendant conveyed the information from the completed notification form to the Department of Justice as required by rule under sub. (2g)(b).
- The defendant requested a firearms restrictions record search as required by rule under sub. (2g)(b).
- The defendant received an approval number regarding the firearms restrictions record search from the Department of Justice under sub. (2g)(c).
Jury Instruction
No Uniform Jury Instruction
§ 175.35(2e) Purchase of handguns: providing untruthful information on the notification form
Summary
To be found guilty of this offense, the prosecution must prove that the defendant, as a transferee seeking to purchase a handgun from a firearms dealer, provided untruthful information on the required notification form.
Elements of the Offense
- Defendant is a Transferee: The defendant must be seeking to purchase or receive a handgun from a firearms dealer.
- Completion of the Notification Form: The defendant must have completed the notification form prescribed under sub. (2g)(b).
- Provision of Untruthful Information: The defendant must have provided information on the notification form that was untruthful.
[Add for a Class H felony
- Provision of False Information Regarding Intent: The defendant must have falsely indicated on the form that they are not purchasing the firearm with the purpose or intent to transfer it to a person who is prohibited from possessing a firearm under state or federal law ((2g)(b)2).
- Knowledge of Falsity: The defendant must have known that the statement regarding their intent was false at the time it was made.]
Jury Instruction
No Uniform Jury Instruction
§ 175.35(2f) Purchase of handguns: providing untruthful information regarding firearms dealer status or inaccurate firearms dealer identification numbers
Summary
To be found guilty of this offense, the prosecution must prove that the defendant requested a firearms restrictions record search from the Department of Justice and that the defendant provided untruthful information about their status as a firearms dealer or provided an inaccurate firearms dealer identification number.
Elements of the Offense
- Defendant Requested a Firearms Restrictions Record Search: The defendant must request that the Department of Justice provide a firearms restrictions record search under sub. (2g).
- Defendant’s Status as a Firearms Dealer: The defendant must provide untruthful information about their status as a firearms dealer.
OR - Provision of Firearms Dealer Identification Number: The defendant must provide an inaccurate firearms dealer identification number obtained under sub. (2h).
Jury Instruction
No Uniform Jury Instruction
§ 175.35(2j) Purchase of handguns: firearms dealer’s failure to maintain records
Summary
To be found guilty of this offense, the prosecution must prove that the defendant, being a firearms dealer, failed to maintain the required records. Specifically, the defendant did not maintain the original records of all completed notification forms and/or failed to keep records of all confirmation numbers and corresponding approval or nonapproval numbers received regarding firearms restrictions record searches under sub. (2g).
Elements of the Offense
- Defendant is a Firearms Dealer: The defendant must be engaged in the business of importing, manufacturing, or dealing in firearms and have a license as an importer, manufacturer, or dealer issued by the federal government.
- Failure to Maintain Original Records of Completed Notification Forms: The defendant did not maintain the original records of all completed notification forms as required by sub. (2j).
OR - Failure to Maintain Records of Confirmation Numbers and Corresponding Approval or Nonapproval Numbers: The defendant did not maintain a record of all confirmation numbers and the corresponding approval or nonapproval numbers received regarding firearms restrictions record searches under sub. (2g).
Jury Instruction
No Uniform Jury Instruction
§ 175.60(16) Carrying a weapon by licensee where prohibited
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is a licensee or an out-of-state licensee, knowingly carried a concealed weapon, a weapon that is not concealed, or a firearm that is not a weapon in one of the specifically prohibited locations. The exceptions where the prohibitions do not apply include carrying a weapon in a vehicle in a parking facility, carrying a weapon in a courthouse or courtroom with the judge's permission, or if the weapon is carried by a judge, district attorney, or assistant district attorney who is a licensee.
Elements of the offense
- Licensee or Out-of-State Licensee: The defendant must be a licensee or an out-of-state licensee.
- Type of Weapon: The defendant carried a concealed weapon, a weapon that is not concealed, or a firearm that is not a weapon.
- Prohibited Locations: The defendant carried the weapon in any of the following locations:
- Law Enforcement Buildings: Any portion of a building that is a police station, sheriff's office, state patrol station, or the office of a division of criminal investigation special agent of the department.
- Correctional Facilities: Any portion of a building that is a prison, jail, house of correction, or secured correctional facility.
- Facility under s. 46.055: The facility established under s. 46.055.
- Center under s. 46.056: The center established under s. 46.056.
- Mental Health Institutes: Any secured unit or secured portion of a mental health institute under s. 51.05, including a facility designated as the Maximum Security Facility at Mendota Mental Health Institute.
- Courthouses: Any portion of a building that is a county, state, or federal courthouse.
- Municipal Courtrooms: Any portion of a building that is a municipal courtroom if court is in session.
- Airports: A place beyond a security checkpoint in an airport.
- Knowledge: The defendant knowingly carried the weapon.
Jury Instruction
Updated January 2025