Chapter Jus 17

Jus 17.08 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Jus 17.09 Jus 17.09 Administrative review after denial, suspension, or revocation.

Jus 17.09(1) (1) 

Jus 17.09(1)(a) (a) After receiving written notice of denial of a license application under s. Jus 17.04 (2), written notice of a license revocation or suspension under s. Jus 17.07 (2), or written notice of denial of reinstatement of a license under s. Jus 17.07 (5) (b), an applicant or licensee may submit to the department a written petition for administrative review of the denial, revocation, or suspension decision. A petition for administrative review is timely only if received by the department within 30 days after the date on which the denial, revocation, or suspension decision was mailed to the applicant or licensee. There is no fee for administrative review of the denial, revocation, or suspension of a license.

Jus 17.09 Note Note: The mailing address for the department is Wisconsin Department of Justice, Attention: Firearms Unit, Post Office Box 7130, Madison, WI, 53707-7130.

Jus 17.09(1)(b) (b)

Jus 17.09(1)(b)1. 1. A petition for administrative review under par. (a) shall specifically identify any alleged errors in the decision to be reviewed and shall be accompanied by a copy of the decision to be reviewed and by authenticated copies of all supporting documentation that the applicant or licensee wishes the department to consider when conducting the review.

Jus 17.09(1)(b)2. 2. If a petition for administrative review alleges that the department has incorrectly determined that the applicant or licensee is prohibited from possessing a firearm or dangerous weapon under s. 175.60 (3) (b), (c), (d), or (e), Stats., the supporting materials submitted with the petition shall include proof of the identity of the applicant or licensee. Satisfactory proof of identity shall include a set of rolled-ink fingerprints of the applicant or licensee prepared by a law enforcement agency on a state or FBI fingerprint card. Fingerprints are not required if the petition for administrative review does not allege that the department has incorrectly determined that the applicant or licensee is prohibited from possessing a firearm or dangerous weapon under s. 175.60 (3) (b), (c), (d), or (e), Stats.

Jus 17.09(1)(b)3. 3. If any alleged error identified in a petition for administrative review is based on the existence or disposition of an apparent criminal arrest or conviction, the petition shall specifically identify any error in any pertinent background check records and shall be accompanied by authenticated copies of any court documents establishing the alleged error.

Jus 17.09(1)(b)4. 4. If a petition for administrative review claims that the department has erroneously suspended a license pursuant to s. 175.60 (14) (am), Stats., the supporting materials submitted with the petition shall include authenticated copies of any pertinent court records or other pertinent records.

Jus 17.09(1)(b)5. 5. If any alleged error identified under subd. 1. is based on a claim that the applicant or licensee has received a pardon or has obtained relief under s. 51.20 (13) (cv) 1m., 51.45 (13) (i) 2., 54.10 (3) (f) 2., 55.12 (10) (b), or 941.29, Stats., the petition shall be accompanied by authenticated copies of the pardon or court documents establishing any such relief.

Jus 17.09(1)(c) (c)

Jus 17.09(1)(c)1. 1. If the department receives a timely petition for administrative review, a review proceeding shall be conducted by the attorney general or the attorney general’s designee. The review shall be based on consideration of all items and records in the department’s possession related to the decision under review, including the written notice of denial, revocation, or suspension under review; the petition for administrative review and any supporting documentation submitted by the applicant or licensee.

Jus 17.09(1)(c)2. 2. If in the course of a review proceeding under subd. 1., the department determines that additional supporting documentation is needed from the applicant or licensee, the department shall send the applicant or licensee a written request for the additional documentation. While any such request is pending, the time for the department to complete the review proceeding under par. (d) shall be tolled and shall not begin to run again until the applicant or licensee has provided the requested documentation.

Jus 17.09(1)(d) (d)

Jus 17.09(1)(d)1. 1. No later than 30 days after receiving a petition for administrative review and supporting documentation, the attorney general or the attorney general’s designee shall complete the review under par. (c) and shall issue a written decision on behalf of the department either affirming or reversing the denial, revocation, or suspension under review. The written decision shall include the reasons and factual basis for the department’s decision and shall advise the applicant or licensee of the right to seek judicial review under s. 175.60 (14m), Stats. The written decision shall be sent to the applicant or licensee by a method of shipment that provides confirmation of delivery, including the date of delivery.

Jus 17.09(1)(d)2. 2. If the written decision issued under subd. 1. affirms the denial of a license application, the written decision shall include notification to the applicant that any non-approval number previously issued remains in effect.

Jus 17.09(1)(d)3. 3. If the written decision issued under subd. 1. affirms the revocation or suspension of a license, the written decision shall include notification to the licensee that the previously imposed revocation or suspension remains in effect.

Jus 17.09(1)(d)4. 4. If the written decision issued under subd. 1. reverses the denial of a license application, the department shall withdraw any previously issued non-approval number and shall issue the license, assign a license number to the licensee, and promptly send the license document to the licensee by 1st class mail. If the department has previously received a set of fingerprints from the applicant, the department shall return those fingerprints to the applicant.

Jus 17.09(1)(d)5. 5. If the written decision issued under subd. 1. reverses the revocation or suspension of a license, the department shall reinstate the revoked or suspended license and the written decision shall include notification to the licensee of such reinstatement. If the licensee has previously delivered the revoked or suspended license document to the department pursuant to s. Jus 17.07 (3) (a), the department shall promptly return the reinstated license document to the licensee by 1st class mail. If the department has previously received a set of fingerprints from the licensee, the department shall return those fingerprints to the licensee.

Jus 17.09(1)(d)6. 6. If the written decision issued under subd. 1. includes a finding that any pertinent background check record is erroneous or incomplete, the department shall take appropriate steps to correct that record.

Jus 17.09(1)(e) (e) If the written decision under par. (d) 1. affirms the denial, revocation, or suspension of a license and the applicant or licensee does not file a timely petition for judicial review under s. 175.60 (14m), Stats., the department shall return to the applicant or licensee any set of fingerprints previously submitted to the department by the applicant or licensee.

Jus 17.09 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Jus 17.10 Jus 17.10 Emergency Licenses.

Jus 17.10(1) (1) If a court that is considering a petition for an emergency concealed carry license pursuant to s. 175.60 (9r), Stats., or a court that has issued such an emergency license asks the department to conduct a background check for the purpose of determining whether s. 175.60 (3) (b), (c), (d), or (e), Stats., applies to the person requesting or holding the emergency license, the department shall conduct the background check as soon as reasonably practicable and shall report the results to the requesting court.

Jus 17.10(2) (2) Any information that the department receives from a court regarding the issuance or revocation of an emergency concealed carry license under s. 175.60 (9r), Stats., shall be entered by the department into its computerized license records and shall be available to law enforcement as provided in s. 175.60 (12) and (12g), Stats.

Jus 17.10 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Jus 17.11 Jus 17.11 Documentation.

Jus 17.11(1) (1) The department shall create and keep the following items related to the issuance and administration of concealed carry licenses under s. 175.60, Stats., the review of licensing decisions by the department, and the certification of firearms safety and training instructors:

Jus 17.11(1)(a) (a) All of the information submitted to the department by applicants pursuant to s. 175.60 (7), Stats., and notes related to that information.

Jus 17.11(1)(b) (b) A log of each rejected application including the reasons for rejection and a count of the number of rejected applications.

Jus 17.11(1)(c) (c) The confirmation number for each applicant.

Jus 17.11(1)(d) (d) The approval or non-approval number for each applicant on whom the department has conducted a background check.

Jus 17.11(1)(e) (e) The license number for each licensee to whom the department has issued a concealed carry license.

Jus 17.11(1)(f) (f) A log of each record search of the department’s computerized license records, including the date or dates of the search and any confirmation number, license number, or approval or non-approval number associated with the search.

Jus 17.11(1)(g) (g) Documentation concerning the cost to the department of issuing concealed carry licenses under s. 175.60, Stats., and this chapter.

Jus 17.11(1)(h) (h) All records that the department is required to keep by applicable state or federal laws.

Jus 17.11(2) (2) The department may create and keep any other items reasonably necessary for the department to perform its responsibilities under s. 175.60, Stats., and this chapter.

Jus 17.11 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Jus 17.12 Jus 17.12 Fees.

Jus 17.12(1) (1) License fee. The license fee charged by the department pursuant to s. 175.60 (7) (c), Stats., shall be $30.

Jus 17.12(2) (2) Background check fee. The fee for any background check conducted by the department pursuant to s. Jus 17.04 (1) (f) or 17.07 (5) (b) shall be $13.

Jus 17.12(3) (3) Replacement or renewal fee. The fee charged by the department for replacing a lost or destroyed license pursuant to s. 175.60 (13), Stats., or for renewing a license pursuant to s. 175.60 (15) (b) 4. a., Stats., shall be $12.

Jus 17.12 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.

Jus 17.13 Jus 17.13 Recognition of out-of-state licenses.

Jus 17.13(1) (1) Definitions. In this section:

Jus 17.13(1)(a) (a) “Concealed carry license” means a current, valid permit, license, approval, or other authorization to carry a concealed weapon that is issued by a state other than Wisconsin.

Jus 17.13(1)(b) (b) “Out-of-state license” has the meaning given in s. 175.60 (1) (f), Stats.

Jus 17.13(1)(c) (c) “State” has the meaning given in s. 990.01 (40), Stats.

Jus 17.13(2) (2) Recognition of mandatory background checks. A background search required by another state for the issuance of a concealed carry license shall be recognized as comparable to a background check under s. 175.60 (1) (ac), Stats., if the license is issued by one of the following:

Jus 17.13(2)(a) (a) A state that by statute or administrative rule expressly requires a background check that includes a NICS search as a prerequisite for obtaining a concealed carry license.

Jus 17.13(2)(b) (b) A state that, through the office of its attorney general or another appropriate state agency or official, has informed the department that the state, as a matter of policy, requires a background check that includes a NICS search as a prerequisite for obtaining a concealed carry license.

Jus 17.13(3) (3) recognition of voluntary background checks. If a state is not covered by sub. (2), but issues a concealed carry license that designates that the holder chose to voluntarily submit to a background check, the voluntary background check shall be recognized as comparable to a background check under s. 175.60 (1) (ac), Stats., if that state, through the office of its attorney general or another appropriate state agency or official, has informed the department that the background check includes a NICS search.

Jus 17.13(4) (4) Licenses issued by other states that are valid in Wisconsin.

Jus 17.13(4)(a) (a) A concealed carry license issued by any of the states to which sub. (2) (a) or (b) applies is a valid out-of-state license. A person who has been issued such an out-of-state license, who is 21 years of age or over, and who is not a Wisconsin resident is an out-of-state licensee as defined in s. 175.60 (1) (g), Stats.

Jus 17.13(4)(b) (b) A concealed carry license issued by any of the states to which sub. (3) applies is a valid out-of-state license, if the license indicates that the holder of that license has chosen to submit to a background check. A person who has been issued such a license, who is 21 years of age or over, and who is not a Wisconsin resident is an out-of-state licensee as defined in s. 175.60 (1) (g), Stats.

Jus 17.13(5) (5) List of states currently issuing licenses valid in Wisconsin. The department shall create and maintain a list of the names of all the states to which sub. (2) (a) or (b) or (3) applies and shall make the list available to the public on the department’s Internet site.

Jus 17.13(6) (6) Modifications to list of states currently issuing licenses valid in Wisconsin.

Jus 17.13(6)(a) (a) If the department determines that a state whose name is not included in the list created under sub. (5) is a state to which sub. (2) (a) or (b) or (3) applies, the department shall add that state to the list.

Jus 17.13(6)(b) (b) If the department determines that a state whose name is included in the list created under sub. (5) is a state to which sub. (2) (a) or (b) or (3) does not apply, the department shall remove that state from the list.

Jus 17.13(6)(c) (c) Any person possessing information indicating that the list created under sub. (5) is not accurate may submit that information to the department. Upon receiving such information, the department shall take reasonably necessary and appropriate steps to review the accuracy of the list and correct any inaccuracies.

Jus 17.13 History History: CR 12-030: cr. Register May 2013 No. 689, eff. 6-1-13.