Chapter Jus 10

Chapter Jus 10

HANDGUN TRANSFERS

Jus 10.01   Purpose.

Jus 10.02   Applicability.

Jus 10.03   Definitions.

Jus 10.04   Dealer registration.

Jus 10.05   Prohibited handgun transfers.

Jus 10.06   Dealer and departmental procedures for reviewing handgun transfers.

Jus 10.07   Identification review after nonapproval.

Jus 10.08   Record correction review after nonapproval.

Jus 10.09   Appeal after review.

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

Jus 10.10   Records.

Jus 10.11   Fees.

Jus 10.12   Penalties.

Jus 10.01 Jus 10.01 Purpose. The purpose of this chapter is to establish the procedures, as required under s. 175.35 (2g), Stats., for searching the records of persons to whom a handgun dealer proposes to transfer a handgun.

Jus 10.01 Note Note: This administrative rule chapter is promulgated as required by s. 175.35, Stats., created by 1991 Wis. Act 11. Section 175.35 (2g) (c) (intro.) and 3, Stats., directs the department of justice to promulgate rules requiring the department to search criminal history records using, among other things, the “transaction management of enforcement system.” This is a statutory reference to the transaction information for management of enforcement (TIME) system referred to more exactly in ss. 20.455 (2) (h) and 59.54 (9), Stats.

Jus 10.01 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Jus 10.02 Jus 10.02 Applicability.

Jus 10.02(1) (1) Except as provided in sub. (2), this chapter applies to all handgun sales by a handgun dealer. It establishes requirements affecting handgun dealers, the Wisconsin department of justice and handgun transferees.

Jus 10.02(2) (2) This chapter does not apply to any of the following:

Jus 10.02(2)(a) (a) Transfer of a handgun that is an antique under federal department of the treasury regulations,

Jus 10.02(2)(b) (b) Transfer of a handgun between firearms dealers or between a firearms wholesaler and a firearms dealer, and

Jus 10.02(2)(c) (c) Transfer of a handgun to a law enforcement or armed services agency.

Jus 10.02 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Jus 10.03 Jus 10.03 Definitions. In this chapter:

Jus 10.03(1) (1) “Approval number” means the unique number the department provides a handgun dealer when the department approves a handgun transfer under this chapter.

Jus 10.03(2) (2) “Confirmation number” means the unique number the department provides a handgun dealer to confirm an initial telephone call from the dealer to the department requesting handgun transfer approval whenever approval is not granted during that call.

Jus 10.03 Note Note: The department intends to issue a confirmation number even when approval is granted during the initial telephone call. See s. Jus 10.06 (2) (a) 2.

Jus 10.03(3) (3) “Dealer identification number” means the number the department provides a handgun dealer when the dealer registers as a handgun dealer under this chapter.

Jus 10.03(4) (4) “FBI” means the federal bureau of investigation.

Jus 10.03(4m) (4m) “Firearms restrictions record search” means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm, as provided in s. 175.35 (1) (at), Stats.

Jus 10.03(5) (5) “Department” means the Wisconsin department of justice.

Jus 10.03(6) (6) “Handgun” means a weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.

Jus 10.03(7) (7) “Handgun dealer” or “dealer” means a firearms dealer as defined in s. 175.35 (1) (ar), Stats., who offers one or more handguns for sale.

Jus 10.03(8) (8) “Handgun store” means a distinct business location where a handgun dealer is in business as a handgun dealer regardless of how long or short the time and how small or large the business and regardless whether the dealer also operates other stores.

Jus 10.03(9) (9) “Nonapproval number” means the number the department provides a handgun dealer when the department denies approval for a handgun transfer.

Jus 10.03(10) (10) “Notification form” means the form a handgun dealer requires a transferee to complete before the dealer requests handgun transfer approval from the department.

Jus 10.03(11) (11) “Record” means a transferee’s criminal history records available for the department to search including the state criminal history record and the national criminal history record maintained by the FBI.

Jus 10.03(12) (12) “Search” means a systematic inspection by the department of a transferee’s record.

Jus 10.03(13) (13) “Transferee” means a person who purchases a handgun from a dealer and to whom or at whose direction the dealer will transfer possession of the purchased handgun.

Jus 10.03(14) (14) “Working day” means each day except Saturday, Sunday or a legal holiday under s. 995.20, Stats.

Jus 10.03 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549; correction in (14) made under s. 13.93 (2m) (b) 7., Stats.; CR 11-036: cr. (4m) Register August 2012, eff. 9-1-12.

Jus 10.04 Jus 10.04 Dealer registration. The following preconditions shall be met before a dealer may offer a handgun for sale or request department approval for any handgun transfer as required under this chapter:

Jus 10.04(1) (1) A dealer shall register each handgun store the dealer owns or operates with the department by fully and accurately completing and submitting to the department in duplicate the firearms dealer registration form provided to the dealer for that purpose by the department and by obtaining from the department under sub. (2) (intro.) and (a) a dealer identification number for each handgun store. A dealer that operates multiple handgun stores shall file a separate registration form for each store.

Jus 10.04 Note Note: A copy of the firearms dealer registration form required under this subsection is attached to this chapter as appendix I. The department will provide a dealer a form for ordering the dealer registration form and other forms required under this chapter. Forms can be ordered from the following address: Crime Information Bureau, Attention: Firearms Hotline, P.O. Box 2718, Madison, Wisconsin 53701.

Jus 10.04(2) (2) After receiving a properly completed firearms dealer registration form from a dealer under sub. (1), the department, if it may do so in compliance with this chapter and s. 175.35, Stats., shall do the following:

Jus 10.04(2)(a) (a) Issue the dealer a dealer identification number for the handgun store for which the firearms dealer registration form was completed and submitted,

Jus 10.04(2)(b) (b) Inform the dealer in writing of the toll-free telephone number designated by the department for use by the dealer in requesting departmental approval for any handgun transfer, and

Jus 10.04(2)(c) (c) Mail the dealer the notification forms, each bearing a notification form number, needed for use by the dealer under s. Jus 10.06 (1) (c).

Jus 10.04 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Jus 10.05 Jus 10.05 Prohibited handgun transfers. A dealer may not transfer a handgun to a transferee unless one of the following preconditions is met:

Jus 10.05(1) (1) The dealer receives an approval number under s. Jus 10.06 (2) (a) 2. a., (c) 1. or (d) 3. a. or c., 10.07 (2) (c), 10.08 (3) (a), or 10.09 (3) (b) 1. for the handgun transfer; or

Jus 10.05(2) (2) The department fails to notify the dealer of the results of its record search within 48 hours after the dealer receives a confirmation number under s. Jus 10.06 (2) (a) 2. b. or, if applicable, within the additional time allowed for the search under s. Jus 10.06 (2) (c) 3. and (d).

Jus 10.05 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Jus 10.06 Jus 10.06 Dealer and departmental procedures for reviewing handgun transfers.

Jus 10.06(1) (1) Dealer responsibilities. To request an approval number, a dealer shall do each of the following in the sequence listed: