Senate Bill 35: Wisconsin Gov Nixes Gun Buy Waiting Period

Wisconsin Governor Scott Walker has signed into law Senate Bill 35, eliminating the 48-hour waiting period for handgun purchases in the Badger State.

As the press release from the Governor’s office notes, current law dictates that federally licensed firearm dealers must wait 48 hours after the Department of Justice (DOJ) confirms receipt of a request for a background check before transferring the handgun to the buyer. Now, a dealer can transfer the handgun once they get an approval number from the DOJ, though the DOJ can extend the search for up to five working days if they decide they need more time to determine if a buyer is prohibited from possessing a gun.

The mandatory 48-hour waiting period took effect in 1976 before Wisconsin instituted an instant background check system. Today, the DOJ searches up to 11 databases and most buyers are approved within an hour.

“This important measure marks the end of an antiquated law that’s served as nothing but a needless burden on law-abiding gun owners in the Badger state,” said Chris W. Cox, executive director of the NRA’s Institute for Legislative Action. “We applaud the state legislature for making the preservation of Second Amendment rights a priority.”

Gov. Walker also signed into law Senate Bill 70, which will allow off-duty officers, out-of-state officers, and retired officers to carry guns in and near schools. Under current law, people are prohibited from possessing or discharging guns on school grounds, as well as within 1,000 feet of school grounds. On-duty police officers are exempt from this rule.