Assembly Bill 70
Adjudications for involuntary commitment, appointment of a guardian of the person, and protective placement or protective services, background checks for the purchase of handguns, and requiring the exercise of rule-making authority
Topics: Court, Criminal identification and investigation, Firearms and dangerous weapons, Guardian and ward, Justice, Department of, Mental health, Mental health: Hospitals and institutes
Stopped before the full Assembly voted
The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.
-
Introduced, passed
Feb 17, 2009
-
Committee, passed
Approved
-
Assembly vote, stopped here
Stopped here. The full Assembly never voted on it.
-
Senate vote, not reached
-
Governor, not reached
-
Law, not reached
Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ”
Following saves it on this device. New actions show on your Following page. You can also get updates in a feed reader.
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, if a person seeks to purchase a handgun from a licensed handgun dealer, the dealer must ask the Department of Justice (DOJ) to conduct a background check on the person. In conducting the background check, DOJ searches DOJ records to determine whether the person is ineligible to possess a firearm under state law, but state law does not explicitly require DOJ to determine whether federal law bars the person from possessing a firearm based on criteria not covered by state law. This bill requires DOJ, when conducting a background check on a prospective handgun purchaser, to check whether the person has been the subject of a court order or finding that is based on a determination that the person's mental health would render the person ineligible under federal law to possess a firearm.
This bill requires courts to determine whether a person would be ineligible under federal law to possess a firearm during proceedings for involuntary commitment for persons found by the court to be mentally ill, drug dependent, or developmentally disabled and to be dangerous, during proceedings for appointment of a guardian of the person for an individual found by the court to be incompetent, and, if not previously determined, during proceedings under which a court orders protective placement or protective services (mental health proceeding). If the court determines that federal law prohibits the person from possessing a firearm, the court must order the person not to possess a firearm, order the seizure of any firearm the person owns, and inform the person that he or she would be committing a felony if he or she possessed a firearm. The court must then convey the disqualified status to DOJ which may use that information only during background checks conducted when the person seeks to purchase a handgun or under rules that DOJ promulgates in order to provide information to the national instant criminal background check system.
Read the full summary Show less
Specifically, to determine ineligibility under federal law at a mental health proceeding, a court must determine if the person has been "adjudicated as a mental defective" or "committed to a mental institution," as defined in federal law. Under federal law, "adjudicated as a mental defective" means a determination by a court, board, commission, or other lawful authority that a person, as a result of a marked subnormal intelligence, or a mental illness, incompetency, condition, or disease either is a danger to himself or herself or to others or lacks the mental capacity to contract or manage his or her own affairs. This determination includes a finding of insanity by a court in a criminal case and persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to the Uniform Code of Military Justice. Federal law defines "committed to a mental institution" as a formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily, commitment for mental defectiveness or mental illness, and commitments for other reasons such as for drug use. The term does not include a person in an institution for observation or a voluntary admission to a mental institution.
If, at a mental health proceeding, the court finds a person ineligible under federal law to possess a firearm, the person may petition a court to cancel the order.
A court must grant the petition if the court determines that the person is not likely to act in a manner dangerous to public safety and that the granting of the petition would not be contrary to public interest. The court must then convey the change in status to DOJ so that DOJ may update the information provided during background checks for handgun purchases and the information provided to the national instant criminal background check system.
Who's behind it
18 lawmakers are its . 16 are Republicans and 2 are Democrats.
5 more lawmakers .
See all 23 names Hide the names
Authors (18)
- Joan Ballweg · Republican, Senate
- Garey Bies · Republican, Assembly
- Jason Fields · Democrat, Assembly
- Scott Gunderson · Republican, Assembly
- Dean Kaufert · Republican, Assembly
- Samantha Kerkman · Republican, Assembly
- Joel Kleefisch · Republican, Assembly
- Daniel LeMahieu · Republican, Assembly
- Thomas Lothian · Republican, Assembly
- John Murtha · Republican, Assembly
- John Nygren · Republican, Assembly
- Kevin Petersen · Republican, Assembly
- Jon Richards · Democrat, Assembly
- Richard Spanbauer · Republican, Assembly
- Jeffrey Stone · Republican, Assembly
- John Townsend · Republican, Assembly
- Karl Van Roy · Republican, Assembly
- Robin Vos · Republican, Assembly
Signed on in support (5)
- Alberta Darling · Republican, Senate
- Sheila Harsdorf · Republican, Senate
- Luther S. Olsen · Republican, Senate
- Dale Schultz · Republican, Senate
- Jim Sullivan · Democrat, Senate
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There was one vote on this bill.
Assembly Committee on Criminal Justice vote on an amendment
Passed, 10 to 0 · Feb 16, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report Assembly Substitute Amendment 1 adoption recommended by committee on Criminal Justice, Ayes 10, Noes 0”. Official record · This vote on its own page
What happened
-
Apr 28, 2010
The session ended, and the bill died with it.
-
Feb 16, 2010
A state agency sent in its estimate of the cost.
-
Feb 16, 2010
Sent to the Assembly Committee on Rules.
-
Feb 16, 2010
The committee voted to recommend passing it, 10 to 0.
-
Mar 5, 2009
The committee held a public hearing.
-
Mar 5, 2009
A state agency sent in its estimate of the cost.
-
Feb 25, 2009
A state agency sent in its estimate of the cost.
-
Feb 17, 2009
Sent to the Assembly Committee on Criminal Justice.
-
Feb 17, 2009
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Feb 17, 2009 · Assembly
Introduced by Representatives Gunderson, Richards, Murtha, Fields, Ballweg, Bies, Kaufert, Kerkman, LeMahieu, Lothian, Nygren, Petersen, Stone, Townsend, Van Roy, Vos, Spanbauer and Kleefisch;Cosponsored by Senators Darling, Sullivan, Harsdorf, Olsen and Schultz
- Feb 17, 2009 · Assembly
Read first time and referred to committee on Criminal Justice
- Feb 25, 2009 · Assembly
Fiscal estimate received
- Feb 25, 2009 · Assembly
Fiscal estimate received
- Mar 5, 2009 · Assembly
Fiscal estimate received
- Mar 5, 2009 · Assembly
Public hearing held
- Mar 24, 2009 · Assembly
LRB correction
- Jul 8, 2009 · Assembly
Assembly substitute amendment 1 offered by Representative Gunderson
- Feb 4, 2010 · Assembly
Executive action taken
- Feb 16, 2010 · Assembly
Report Assembly Substitute Amendment 1 adoption recommended by committee on Criminal Justice, Ayes 10, Noes 0
- Feb 16, 2010 · Assembly
Report passage as amended recommended by committee on Criminal Justice, Ayes 10, Noes 0
- Feb 16, 2010 · Assembly
Referred to committee on Rules
- Feb 16, 2010 · Assembly
Fiscal estimate received
- Apr 13, 2010 · Assembly
Placed on calendar 4-15-2010 by committee on Rules
- Apr 15, 2010 · Assembly
Laid on the table
- Apr 28, 2010 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote