Chapter Jus 10

Jus 10.06(2)(a)2. 2. The department, in accordance with sub. (1) (d), shall obtain from the caller the notification form information needed to search the record and, if possible, shall conduct an initial search and proceed as follows during the telephone call:

Jus 10.06(2)(a)2.a. a. If the initial search shows that transferring a handgun to the transferee is allowed under s. 941.29, Stats., the department shall approve the transfer and shall provide the dealer a confirmation number confirming that the department received the telephone call required under sub. (1) (d) and shall provide the dealer an approval number; or

Jus 10.06(2)(a)2.b. b. If an initial search is not possible or if the initial search shows that transferring a handgun to the transferee is prohibited by s. 941.29, Stats., or if the search is inconclusive on whether the transferee is prohibited by s. 941.29, Stats., the department shall not approve the transfer and shall instead provide the dealer a confirmation number confirming that the department received the telephone call required under sub. (1) (d).

Jus 10.06(2)(b) (b) Search records. If the department has issued a confirmation number under par. (a) 2. b., the department shall, as soon as reasonably practicable, complete its search of the record to determine whether the transferee is subject to any of the prohibitions under s. 941.29, Stats.

Jus 10.06 Note Note: Under s. 941.29, Stats., it is a felony for persons in the following categories to possess a firearm: (a) persons convicted of a felony in Wisconsin, (b) persons convicted of a crime elsewhere that would be a felony if committed in Wisconsin, (c) persons found not guilty of a felony in Wisconsin by reason of mental disease or defect, and (d) persons found not guilty of or not responsible for a crime elsewhere that would be a felony in Wisconsin by reason of insanity or mental disease, defect or illness.

Jus 10.06(2)(c) (c) Notify dealer of search results. If infeasible during the telephone call required under sub. (1) (d), then as soon after the call as reasonably possible and in no event more than 48 hours after the dealer receives a confirmation number under par. (a) 2. b., the department shall notify the dealer by telephone of the results of its record search performed under par. (b). In notifying the dealer, the department shall proceed as follows:

Jus 10.06(2)(c)1. 1. If the search shows that transferring a handgun to the transferee is allowed under s. 941.29, Stats., the department shall approve the transfer and provide the dealer an approval number;

Jus 10.06(2)(c)2. 2. If the search shows that transferring a handgun to the transferee is prohibited by s. 941.29, Stats., the department shall not approve the transfer and shall provide the dealer a nonapproval number; or

Jus 10.06(2)(c)3. 3. If the search shows a felony arrest of the transferee but shows no recorded disposition of that arrest or if the search shows an out-of-state criminal conviction but fails to show whether that conviction would be a felony in Wisconsin, the department shall, as soon as reasonably practicable within the 48 hours described in par. (c) (intro.), notify the dealer by telephone that a three working-day extension of time, as allowed under par. (d) 1., is required for the department to complete its record search.

Jus 10.06(2)(d) (d) Extension of time for search.

Jus 10.06(2)(d)1. 1. The extension of time allowed under par. (c) 3. shall extend until midnight of the third complete working day following the day on which the department makes a finding under that subdivision.

Jus 10.06(2)(d)2. 2. During the extension under subd. 1., the department shall take all reasonable steps required to determine the disposition of any identified felony arrest of the transferee and to determine whether an out-of-state criminal conviction would be a felony in Wisconsin.

Jus 10.06(2)(d)3. 3. As soon as practicable and no later than the end of the extension under subd. 1., the department shall notify the dealer by telephone of the results of its extended search. In notifying the dealer, the department shall proceed as follows:

Jus 10.06(2)(d)3.a. a. If the extended search shows that transferring a handgun to the transferee is allowed under s. 941.29, Stats., the department shall approve the transfer and provide the dealer an approval number;

Jus 10.06(2)(d)3.b. b. If the extended search shows that transferring a handgun to the transferee is prohibited by s. 941.29, Stats., the department shall not approve the transfer and shall provide the dealer a nonapproval number;

Jus 10.06(2)(d)3.c. c. If the extended search shows a felony arrest of the transferee but shows no recorded disposition of that arrest or if the department cannot reasonably determine whether an out-of-state conviction would be a felony in Wisconsin, the department shall provide the dealer a nonapproval number; or

Jus 10.06(2)(d)3.d. d. If the extended search shows that a felony arrest is still awaiting disposition, the department shall not provide the dealer a nonapproval number under subpar. c but shall instead approve the transfer and provide the dealer an approval number.

Jus 10.06 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Jus 10.07 Jus 10.07 Identification review after nonapproval.

Jus 10.07(1) (1) 

Jus 10.07(1)(a) (a) Any transferee whose attempt to purchase a handgun is not approved under s. Jus 10.06 may within 10 days after a nonapproval number affecting the transferee is issued request review by the department by mailing a departmental review request form to the department on a form provided by the department.

Jus 10.07(1)(b) (b) A review request shall be accompanied by proof of the transferee’s identity. Satisfactory proof shall include the transferee’s name and date of birth and a set of rolled-ink fingerprints of the transferee prepared by a law enforcement agency on a state or FBI card.

Jus 10.07 Note Note: Any transferee entitled to request review under this subsection may do so by mailing a completed review request form and a set of rolled-ink fingerprints to the following address: Crime Information Bureau, Attention: Firearms Hotline, P.O. Box 2718, Madison, Wisconsin 53701. A copy of the review request form required under this section is attached to this chapter as appendix III. On appropriate request, the department will provide this form to a transferee. Review request forms may also be available from handgun dealers. A set of rolled-ink fingerprints may be obtained from a local law enforcement agency.

Jus 10.07(2) (2) After receiving a review request under sub. (1), the department shall, within 10 working days if nonapproval is based on a Wisconsin record or as soon as reasonably practicable if nonapproval is based on an out-of-state record, proceed as follows:

Jus 10.07(2)(a) (a) If nonapproval is based on a Wisconsin record, the department shall mail the transferee a copy of the pertinent state record with an accompanying explanation for nonapproval. The department shall also mail the transferee the set of rolled-ink fingerprints submitted with the review request under sub. (1) (b).

Jus 10.07(2)(b) (b) If nonapproval is based on an out-of-state record, the department shall notify the transferee stating that nonapproval was based on review of the national record maintained by the FBI and that it is necessary for the FBI to process the fingerprint card submitted to the department under sub. (1) (b). Subsequently, after the set of rolled-ink fingerprints submitted under sub. (1) (b) is compared with the pertinent national record maintained by the FBI and after the FBI provides a copy of that record to the department, the department shall mail the transferee a copy of that pertinent record and an explanation for nonapproval. The department shall then also mail the transferee the set of rolled-ink fingerprints submitted with the review request under sub. (1) (b).

Jus 10.07(2)(c) (c) If after review the department finds that the transferee is not the person identified in the record on which the department relied in denying approval of the handgun transfer to the transferee and that approval may be granted under the law, the department shall notify the transferee and the dealer in writing and shall withdraw the previously issued nonapproval number and shall provide the dealer an approval number.

Jus 10.07 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Jus 10.08 Jus 10.08 Record correction review after nonapproval.

Jus 10.08(1) (1) After receiving a copy of the pertinent record under s. Jus 10.07 (2), a transferee whose handgun purchase is not approved under s. Jus 10.06 or 10.07 may, within 10 days after being mailed the record, request a record correction review of the department’s nonapproval. The request shall be made by mailing a written request to the department with the information required under sub. (2). The director of the bureau of crime information within the department or the director’s designee shall review the record correction request.

Jus 10.08(2) (2) The transferee’s request under this section shall include a copy of the pertinent record mailed to the transferee under s. Jus 10.07 (2) (a) or (b), shall state the grounds for the requested record correction review and shall specifically identify the alleged error in the record. The properly authenticated relevant court document or documents showing the alleged disposition or nonexistence of the apparent felony arrest or conviction shall accompany the request. Also if relevant to the transferee’s request, the properly authenticated relevant document or documents showing that the transferee has received a pardon or has obtained relief under s. 941.29, Stats., shall accompany the request.

Jus 10.08 Note Note: Any transferee entitled to request a record correction review under this subsection may do so by mailing a written request with the necessary accompanying authenticated document or documents to the following address: Crime Information Bureau, Attention: Firearms Hotline, P.O. Box 2718, Madison, Wisconsin 53701.

Jus 10.08(3) (3) Within 10 working days after receiving a request for record correction review that complies with and is complete under subs. (1) and (2), the director of the bureau of crime information or the director’s designee shall review and either affirm or reverse the department’s earlier nonapproval and shall notify the transferee and the dealer in writing providing them a brief explanation for the result on review. In notifying the transferee and the dealer, the department shall proceed as follows:

Jus 10.08(3)(a) (a) If the director or the director’s designee concludes that transferring a handgun to the transferee is allowed under s. 941.29, Stats., the department shall withdraw the previously issued nonapproval number and shall provide the dealer an approval number; or

Jus 10.08(3)(b) (b) If the director or the director’s designee concludes that transferring a handgun to the transferee is prohibited by s. 941.29, Stats., the department shall notify the transferee and the dealer that the nonapproval number already issued remains in effect.

Jus 10.08 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Jus 10.09 Jus 10.09 Appeal after review.

Jus 10.09(1) (1) After receiving the written review results under s. Jus 10.08 (3) (intro.) and (b), a transferee may within 10 days after being mailed those results file an appeal. The appeal shall be in writing to the administrator of the division of law enforcement services within the department.

Jus 10.09(2) (2) The written appeal as filed shall include a copy of the relevant written review results issued under s. Jus 10.08 (3) (intro.) and (b), shall specifically identify the particular alleged error in those review results, and shall include any properly authenticated documentation required to support the appeal.

Jus 10.09 Note Note: Any transferee entitled to appeal under this subsection may do so by mailing an appeal to the following address: Administrator, Division of Law Enforcement Services, P.O. Box 7857, Madison, Wisconsin 53707-7857.

Jus 10.09(3) (3) 

Jus 10.09(3)(a) (a) The administrator or the administrator’s designee shall examine both the relevant written review results issued under s. Jus 10.08 (3) (intro.) and (b) and the written appeal with accompanying documentation as filed under subs. (1) and (2). Based on that examination and under the applicable law, the administrator or the administrator’s designee shall reach a final departmental conclusion either affirming or reversing the review results issued under s. Jus 10.08 (3) (b).

Jus 10.09(3)(b) (b) Within 10 working days after receiving a written appeal under sub. (1), the administrator or the administrator’s designee shall notify the transferee and the dealer in writing providing them a brief explanation for the departmental conclusion on appeal. In notifying the transferee and the dealer, the department shall proceed as follows:

Jus 10.09(3)(b)1. 1. If the administrator or the administrator’s designee concludes that transferring a handgun to the transferee is allowed under s. 941.29, Stats., the department shall withdraw the previously issued nonapproval number and shall provide the dealer an approval number; or

Jus 10.09(3)(b)2. 2. If the administrator or the administrator’s designee concludes that transferring a handgun to the transferee is prohibited by s. 941.29, Stats., the department shall notify the transferee and the dealer that the nonapproval number already issued remains in effect.

Jus 10.09 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Jus 10.095 Jus 10.095 Processing of information received from circuit courts under chs. 51, 54, and 55, Stats.

Jus 10.095(1) (1) 

Jus 10.095(1)(a) (a) The department shall maintain a database that includes:

Jus 10.095(1)(a)1. 1. A listing of those persons who have been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), Stats., with respect to whom the department has received that information from a circuit court.

Jus 10.095(1)(a)2. 2. A listing of those persons who have obtained relief through a cancellation order under s. 51.20 (13) (cv) 1m. c., 51.45 (13) (i) 2. c., 54.10 (3) (f) 2. c., or 55.12 (10) (b) 3., Stats., with respect to whom the department has received that information from a circuit court.

Jus 10.095(1)(a)3. 3. Any identifying information that has been provided by a circuit court to the department under subd. 1. or 2.

Jus 10.095(1)(b) (b) The department shall in a timely manner provide relevant information that has been added to the departmental database to the national instant criminal background check system, 28 CFR Part 25, in accordance with system procedures.

Jus 10.095(2) (2) Except as provided in sub. (1) (b) and s. 175.35 (2g) (c), Stats., the department may not disclose information from the departmental database.

Jus 10.095 Note Note: The promulgation of this section is required by s. 175.35 (2g) (d), Stats., as created by 2009 Wisconsin Act 258, sec. 13, which directs the department of justice to promulgate rules to convey in a timely manner to the national instant criminal background check system certain information concerning firearms restrictions that is received by the department from circuit courts in proceedings under chs. 51, 54, and 55, Stats.

Jus 10.095 History History: CR 11-036: cr. Register August 2012 No. 680, eff. 9-1-12.

Jus 10.10 Jus 10.10 Records.

Jus 10.10(1) (1) Dealer records.

Jus 10.10(1)(a) (a) Notification forms. A dealer shall keep the original copy of each completed notification form prepared under s. Jus 10.06 (1) (c).

Jus 10.10(1)(b) (b) Confirmation and approval or nonapproval numbers. A dealer shall keep records showing each confirmation number issued to the dealer under s. Jus 10.06 (2) (a) 2. b. and showing the approval or nonapproval number issued to the dealer that corresponds with each confirmation number.

Jus 10.10(1)(c) (c) Record availability. A dealer shall keep the records required under this subsection available for inspection by a department employee or designee during the dealer’s normal business hours and as otherwise reasonably requested.

Jus 10.10(2) (2) Department records.

Jus 10.10(2)(a) (a) Required records. The department shall keep the following records:

Jus 10.10(2)(a)1. 1. Notes sufficient to show the information communicated to the department by telephone under s. Jus 10.06 (1) (d) about each individual notification form,

Jus 10.10(2)(a)2. 2. A duplicate of each notification form mailed to the department under s. Jus 10.06 (1) (c) 1. intro.,

Jus 10.10(2)(a)3. 3. Records required to comply with any pertinent federal law,

Jus 10.10(2)(a)4. 4. Daily logs showing the date or dates for each departmental record search and showing the dealer identification number, any confirmation number and either an approval or nonapproval number for each search, and

Jus 10.10(2)(a)5. 5. Records reasonably required for the department to administer this chapter effectively and efficiently.

Jus 10.10(2)(b) (b) Checking notification forms. After the department receives a duplicate of a completed notification form as required under s. Jus 10.06 (1) (c) 1. intro., the department shall check to ensure that the information on the submitted duplicate corresponds in all material respects with the information the department received about the notification form by telephone from the dealer under s. Jus 10.06 (1) (d). If there is a material discrepancy, the department may notify the appropriate local law enforcement authorities and if appropriate may seek penalties under s. 175.35 (3), Stats.

Jus 10.10(2)(c) (c) Destroying records. The department shall destroy certain records kept under par. (a) as follows:

Jus 10.10(2)(c)1. 1. Within 30 days after receiving a duplicate notification form under s. Jus 10.06 (1) (c) 1. intro., the department shall destroy its duplicate notification form and all its records concerning the record search associated with that form, except for the daily log entries required under par. (a) 4. The department shall, however, destroy its records under this subdivision only if it has already issued an approval number for the transfer involved and if nothing on the duplicate form shows that a handgun transfer to the transferee may be prohibited under s. 941.29, Stats.

Jus 10.10(2)(c)2. 2. No later than 3 years after issuing an approval number, the department shall destroy all the daily log entries kept under par. (a) 4. that correspond with that approval number.

Jus 10.10 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Jus 10.11 Jus 10.11 Fees.

Jus 10.11(1) (1) The department shall charge a dealer a fee for each record search the dealer requests under s. Jus 10.06 (1) (d) as set forth in s. 175.35, Stats. A dealer may collect the fee from the transferee.

Jus 10.11(2) (2) 

Jus 10.11(2)(a) (a) The department shall mail a monthly bill to each dealer that has requested any record search under s. Jus 10.06 (1) (d) during the preceding billing period. Each bill shall include the dealer’s identification number, an approval number or a nonapproval or confirmation number for each individual transfer approval request, and the total amount payable by the dealer to the department.

Jus 10.11(2)(b) (b) A dealer shall pay each bill mailed to the dealer under par. (a) in full within 30 days after it is mailed to the dealer. The department may refuse to accept a toll-free call or to search a record for any dealer that fails to pay any amount due within 30 days after a bill is mailed to the dealer.

Jus 10.11 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91; CR 11-036: am. (1) Register August 2012 No. 680, eff. 9-1-12.

Jus 10.12 Jus 10.12 Penalties. The penalties for violating this chapter are set forth in s. 175.35 (3), Stats.

Jus 10.12 Note Note: Section 175.35 (3), Stats., imposes statutory penalties for the following conduct if it is intentional: transferring a handgun without satisfying the conditions for transfer set forth in s. 175.35, Stats., or this chapter; untruthfully completing a notification form required under s. Jus 10.06 (1) (c); claiming falsely to the department to be a handgun dealer or providing the department an incorrect dealer identification number while requesting a record search; or failing to maintain a required dealer record including failing to maintain an original copy of each completed notification form or to maintain a record of each confirmation number and each corresponding approval or nonapproval number. Under s. 175.35 (3), Stats., the statutory penalties are as follows: a mandatory fine of not less than $500 nor more than $10,000 and a discretionary imprisonment of not more than 9 months.

Jus 10.12 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91.