Jus 10.06(2)(a)1.1. The department shall first obtain from the caller and shall then record for department use the calling dealer’s dealer identification number and the notification form number on the form about which the telephone call is made under sub. (1) (d). The department shall use those numbers to verify the authenticity of the call. If the department determines that the call is authentic, the department shall proceed as appropriate under subd. 2. If the department determines that the call is not authentic, the department shall so inform the caller and shall end the telephone call without proceeding further under this subsection.

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 NoteNote: 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 10.07(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 NoteNote: 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.