STATE OF WISCONSIN
Department of Justice
STATEMENT OF SCOPE OF PROPOSED RULES
Rule No.: Wis. Admin. Code ch. Jus 10. Relating to: Handgun transfers.
1. Description of the objectives of the rules:
The State of Wisconsin Department of Justice (DOJ) proposes to make amendments to Wis. Admin. Code ch. Jus 10 (“Jus 10”), which governs the procedures for searching the records of people to whom a handgun dealer proposes to transfer a handgun. The objective of the proposed rules is to repeal Jus 10.06(2)(d) and amend the language of Jus 10.06(2)(c) to make the chapter consistent with Wis. Stat. § 175.35(2g)(c)4.c., as amended by 2015 Wis. Act 22, § 4. 2. Description of existing policies relevant to the rules and of new policies proposed to be included in the rules and an analysis of policy alternatives; the history, background, and justification for the rules:
Wisconsin Stat. § 175.35 governs the purchase of handguns and requires DOJ to promulgate rules to interpret the statutes. Wisconsin Stat. § 175.35(2) provides that “[w]hen a firearms dealer sells a handgun, he or she may not transfer possession of that handgun to any other person until all of the following have occurred.” The following must have occurred: “(a) The transferee has provided identification as required by rule under sub. (2g)(a)”; “(b) The transferee has completed the notification form described in sub. (2g)(b)”; “(c) The firearms dealer has conveyed the information from the completed notification form to the department of justice as required by rule under sub. (2g)(b) and requested a firearms restrictions record search”; and “(d) The firearms dealer has received an approval number regarding the firearms restrictions record search under sub. (2g)(c) from the department of justice.” Wis. Stat. § 175.35(2)(a)–(d). Wisconsin Stat. § 175.35(2g)(c) requires DOJ to “promulgate rules for firearms restrictions record searches regarding transferees under sub. (2), including procedures for all of the following.” Subsection (2g)(c) then lists the following procedures for which DOJ must promulgate rules: 1. A firearms dealer to convey the information from a completed notification form to the department using either a toll-free telephone number provided by the department or an alternative means the department provides.
2. The department to provide the firearms dealer with a confirmation number confirming the receipt of the information under subd. 1.
3. The department to conduct the firearms restrictions record search regarding the transferee. The rules shall include, but not be limited to, a requirement that the department use the transaction information for management of enforcement system and the national crime information center system.
4. The department to notify the dealer as soon after receiving the information under subd. 1. as practicable, of the results of the firearms restrictions record search as follows:
a. If the search indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the department shall provide the firearms dealer with a unique nonapproval number. The department may not disclose to the firearms dealer the reason the transferee is prohibited from possessing a firearm under s. 941.29.
b. If the search indicates that the transferee is not prohibited from possessing a firearm under s. 941.29, the department shall provide the firearms dealer with a unique approval number.
c. If the search indicates that it is unclear whether the person is prohibited under state or federal law from possessing a firearm and the department needs more time to make the determination, the department shall make every reasonable effort to determine whether the person is prohibited under state or federal law from possessing a firearm and notify the firearms dealer of the results as soon as practicable but no later than 5 working days after the search was requested.
Wis. Stat. § 175.35(2g)(c)1.–4.a.–c. DOJ previously promulgated the required rules, in Jus 10. Because of a subsequent amendment to Wis. Stat. § 175.35(2g)(c)4.c., however, DOJ seeks to amend Jus 10 so that it is consistent with the statutory amendment. Specifically, the statute was amended to state that DOJ must “make every reasonable effort to determine whether the person is prohibited under state or federal law from possessing a firearm and notify the firearms dealer of the results as soon as practicable but no later than 5 working days after the search was requested.” Wis. Stat. § 175.35(2g)(c)4.c. (emphasis added). DOJ seeks to amend Jus § 10.06(2)(c) and (d) to be consistent with this amended language. (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:
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; 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 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.
(d) Extension of time for search.
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.
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.
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:
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; 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;
