Chapter Jus 18

Chapter Jus 18

CERTIFICATION OF FORMER FEDERAL LAW ENFORCEMENT OFFICERS

Jus 18.01   Purpose.

Jus 18.02   Applicability.

Jus 18.03   Definitions.

Jus 18.04   Application procedures for concealed carry certification cards.

Jus 18.05   Proof of firearms qualification.

Jus 18.06   Revocation of a concealed carry certification card.

Jus 18.07   Changes, updates, replacements, or renewals of certification cards.

Jus 18.08   Administrative review after denial or revocation of a concealed carry certification card.

Jus 18.09   Documentation.

Jus 18.10   Fees.

Ch. Jus 18 Note Note: Chapter Jus 18 was created by emergency rule, EmR1206, effective March 21, 2012, and by emergency rule, EmR1217, effective December 15, 2012.

Jus 18.01 Jus 18.01 Purpose. The purpose of this chapter is to establish standards and procedures for the issuance and administration of concealed carry certification cards to qualified former federal law enforcement officers pursuant to s. 175.49 (3), Stats., and the review of certification decisions by the department.

Jus 18.01 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Jus 18.02 Jus 18.02 Applicability.

Jus 18.02(1) (1) Except as provided in sub. (2), this chapter applies to the issuance and administration of all concealed carry certification cards issued by the department to former federal law enforcement officers pursuant to s. 175.49 (3), Stats.

Jus 18.02(2) (2) This chapter does not apply to any of the following:

Jus 18.02(2)(a) (a) Issuance or administration of a license to carry concealed weapons pursuant to s. 175.60, Stats.

Jus 18.02(2)(b) (b) Certification of former state or local law enforcement officers to carry concealed weapons pursuant to s. 175.49 (2), Stats.

Jus 18.02(2)(c) (c) The carrying of concealed weapons by active law enforcement officers pursuant to 18 USC 926B.

Jus 18.02(2)(d) (d) The carrying of concealed weapons by law enforcement officers acting in their official capacity.

Jus 18.02 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Jus 18.03 Jus 18.03 Definitions. In this chapter:

Jus 18.03(1) (1) “Applicant” means an individual who does not currently hold a concealed carry certification card valid in Wisconsin and is applying for a concealed carry certification card pursuant to s. 175.49 (3), Stats., but is not applying for renewal pursuant s. 175.49 (5), Stats., or for replacement.

Jus 18.03(2) (2) “Approval number” means the unique number the department assigns to an applicant when a completed background check on the applicant indicates that the applicant is not prohibited under federal law from possessing a firearm.

Jus 18.03(3) (3) “Background check” means the review of an applicant’s record conducted by the department pursuant to s. 175.49 (3) (b) 4., Stats., for the purpose of determining whether the applicant is prohibited under federal law from possessing a firearm.

Jus 18.03(4) (4) “Certification card number” means the unique identification number the department assigns to a certification card issued under s. 175.49 (3), Stats.

Jus 18.03(5) (5) “Confirmation number” means the unique number the department issues to identify every accepted application for a concealed carry certification card pursuant to s. 175.49 (3), Stats.

Jus 18.03(6) (6) “Department” means the Wisconsin department of justice.

Jus 18.03(7) (7) “FBI” means the federal bureau of investigation.

Jus 18.03(8) (8) “Non-approval number” means the unique number the department assigns to an applicant when a completed background check on the applicant indicates that the applicant is prohibited under federal law from possessing a firearm.

Jus 18.03(10) (10) “Weapon” has the meaning given in s. 175.60 (1) (j), Stats.

Jus 18.03 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Jus 18.04 Jus 18.04 Application procedures for concealed carry certification cards.

Jus 18.04(1) (1) When the department receives an application for a concealed carry certification card for a former federal law enforcement officer pursuant to s. 175.49 (3), Stats., the department shall do the following in the sequence listed:

Jus 18.04(1)(a) (a)

Jus 18.04(1)(a)1. 1. Review the application for completeness. An application is complete when the department has received the following:

Jus 18.04(1)(a)1.a. a. A signed and fully completed application form, DJ-LE-286.

Jus 18.04 Note Note: Form DJ-LE-286 is available on the department’s Internet site: www.doj.state.wi.us.

Jus 18.04(1)(a)1.b. b. Acceptable proof of firearms qualification, as provided in s. Jus 18.05.

Jus 18.04(1)(a)1.c. c. The application fee required under s. Jus 18.10.

Jus 18.04(1)(a)1.d. d. A current photograph meeting the content and format requirements set forth in the instructions of the application form, DJ-LE-286.

Jus 18.04(1)(a)1.e. e. A written statement from the federal law enforcement agency from which the applicant separated from service affirming that the applicant meets the requirements of s. 175.49 (3) (b) 1., 2., and 3., Stats. The department shall prepare and make available on its Internet site a statement form that may be used for this purpose.

Jus 18.04(1)(a)2. 2. If an application is complete, the department shall proceed under par. (b). If an application is incomplete, the department shall reject it and shall send written notice of the rejection to the applicant at the residence address provided by the applicant in the application form. The notice of rejection shall explain why the application was found to be incomplete and what must be submitted to complete the application.

Jus 18.04(1)(b) (b) Confirm that the state identification card number submitted by the applicant has been issued to that person by the department of transportation under s. 343.17 (3) (a) 4. or 343.50, Stats., and that the number does not correspond to a driver’s license or state identification card that is either expired or cancelled. If the applicant’s state identification number meets these requirements, the department shall proceed under par. (c). If the applicant’s state identification number does not meet these requirements, the department shall deny the application and proceed under sub. (2).

Jus 18.04(1)(c) (c) Review the written affirmation from the federal law enforcement agency from which the applicant separated from service to determine whether the applicant meets the requirements of s. 175.49 (3) (b) 1., 2., and 3., Stats. If the applicant meets the requirements of s. 175.49 (3) (b) 1., 2., and 3., Stats., the department shall proceed under par. (d). If the applicant does not meet the requirements of s. 175.49 (3) (b) 1., 2., and 3., Stats., the department shall deny the application and proceed under sub. (2).

Jus 18.04(1)(d) (d) Review the proof of firearms qualification submitted by the applicant for compliance with the requirements of s. 175.49 (3) (b) 5., Stats., and s. Jus 18.05. If the proof of firearms qualification meets those requirements, the department shall proceed under par. (e). If the proof of firearms qualification does not meet those requirements, the department shall deny the application and proceed under sub. (2).

Jus 18.04(1)(e) (e) Enter the application data into the department’s record keeping system and assign the applicant a confirmation number.

Jus 18.04(1)(f) (f) Conduct a background check of the applicant pursuant to s. 175.49 (3) (b) 4., Stats., for the purpose of determining whether the applicant is prohibited under federal law from possessing a firearm. If the applicant is not prohibited by federal law from possessing a firearm, the department shall issue a certification card to the applicant, assign a certification card number, and promptly send the certification card to the applicant by 1st class mail. If the applicant is prohibited by federal law from possessing a firearm, the department shall deny the application and proceed under sub. (2).

Jus 18.04(2) (2) If an application is denied under sub. (1), the department shall inform the applicant in writing of the denial, stating the reasons and factual basis for the denial decision. The written notice of denial shall also advise the applicant of the right to seek administrative review of the denial decision under s. Jus 18.08.

Jus 18.04 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Jus 18.05 Jus 18.05 Proof of firearms qualification. Acceptable proof that an applicant has satisfied the firearms qualification requirement of s. 175.49 (3) (b) 5., Stats., shall consist of a certificate that is signed by a law enforcement firearms instructor who is certified by the law enforcement standards board. The certificate shall be in a form approved and supplied by the department and shall contain all of the following:

Jus 18.05(1) (1) The applicant’s name.

Jus 18.05(2) (2) The full name, address, and telephone number of the certified law enforcement firearms instructor.

Jus 18.05(3) (3) An affirmation by the certified law enforcement firearms instructor that he or she has found the applicant to meet the qualification standards established by the state of Wisconsin or by an identified law enforcement agency in Wisconsin for an active law enforcement officer to carry a firearm of the type specified in the application form submitted by the applicant under s. Jus 18.04.

Jus 18.05(4) (4) The date on which the finding under sub. (3) was made.

Jus 18.05 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Jus 18.06 Jus 18.06 Revocation of a concealed carry certification card.

Jus 18.06(1) (1) If the department at any time obtains information establishing that an individual who holds a concealed carry certification card under this chapter is prohibited by federal law from possessing a firearm, the department shall revoke the certification card and shall send the individual written notice of revocation. The notice shall include a statement of the reasons and factual basis for the revocation and shall be accompanied by a copy of any pertinent records supporting the revocation. The notice shall also advise the individual of the right to seek administrative review of the revocation pursuant to s. Jus 18.08.

Jus 18.06(2) (2) Any notice of revocation issued by the department under sub. (1) shall instruct the individual whose certification card has been revoked to do one of the following within 7 days:

Jus 18.06(2)(a) (a) Deliver the revoked certification card to the department either personally or by certified mail.

Jus 18.06(2)(b) (b) Mail to the department a dated and signed statement indicating that the individual no longer has possession of the revoked certification card and explaining the reasons why he or she no longer has possession.

Jus 18.06(3) (3) Any revocation of a certification card under this section shall take effect on the date on which the notice of revocation is issued by the department.

Jus 18.06(4) (4) If an individual whose concealed carry certification card has been properly revoked by the department pursuant to this section wishes to again obtain a concealed carry certification card pursuant to s. 175.49 (3), Stats., the individual shall apply for a new certification card pursuant to s. Jus 18.04 and satisfy all requirements of that section, including the payment of all applicable fees.

Jus 18.06 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Jus 18.07 Jus 18.07 Changes, updates, replacements, or renewals of certification cards.