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.

Jus 10.07 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Jus 10.08 Jus 10.08 Record correction review after nonapproval.

Jus 10.08(1) (1) After receiving a copy of the pertinent record under s. Jus 10.07 (2), a transferee whose handgun purchase is not approved under s. Jus 10.06 or 10.07 may, within 10 days after being mailed the record, request a record correction review of the department’s nonapproval. The request shall be made by mailing a written request to the department with the information required under sub. (2). The director of the bureau of crime information within the department or the director’s designee shall review the record correction request.

Jus 10.08(2) (2) The transferee’s request under this section shall include a copy of the pertinent record mailed to the transferee under s. Jus 10.07 (2) (a) or (b), shall state the grounds for the requested record correction review and shall specifically identify the alleged error in the record. The properly authenticated relevant court document or documents showing the alleged disposition or nonexistence of the apparent felony arrest or conviction shall accompany the request. Also if relevant to the transferee’s request, the properly authenticated relevant document or documents showing that the transferee has received a pardon or has obtained relief under s. 941.29, Stats., shall accompany the request.

Jus 10.08 Note Note: Any transferee entitled to request a record correction review under this subsection may do so by mailing a written request with the necessary accompanying authenticated document or documents to the following address: Crime Information Bureau, Attention: Firearms Hotline, P.O. Box 2718, Madison, Wisconsin 53701.

Jus 10.08(3) (3) Within 10 working days after receiving a request for record correction review that complies with and is complete under subs. (1) and (2), the director of the bureau of crime information or the director’s designee shall review and either affirm or reverse the department’s earlier nonapproval and shall notify the transferee and the dealer in writing providing them a brief explanation for the result on review. In notifying the transferee and the dealer, the department shall proceed as follows:

Jus 10.08(3)(a) (a) If the director or the director’s designee concludes that transferring a handgun to the transferee is allowed under s. 941.29, Stats., the department shall withdraw the previously issued nonapproval number and shall provide the dealer an approval number; or

Jus 10.08(3)(b) (b) If the director or the director’s designee concludes that transferring a handgun to the transferee is prohibited by s. 941.29, Stats., the department shall notify the transferee and the dealer that the nonapproval number already issued remains in effect.

Jus 10.08 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Jus 10.09 Jus 10.09 Appeal after review.

Jus 10.09(1) (1) After receiving the written review results under s. Jus 10.08 (3) (intro.) and (b), a transferee may within 10 days after being mailed those results file an appeal. The appeal shall be in writing to the administrator of the division of law enforcement services within the department.

Jus 10.09(2) (2) The written appeal as filed shall include a copy of the relevant written review results issued under s. Jus 10.08 (3) (intro.) and (b), shall specifically identify the particular alleged error in those review results, and shall include any properly authenticated documentation required to support the appeal.

Jus 10.09 Note Note: Any transferee entitled to appeal under this subsection may do so by mailing an appeal to the following address: Administrator, Division of Law Enforcement Services, P.O. Box 7857, Madison, Wisconsin 53707-7857.

Jus 10.09(3) (3) 

Jus 10.09(3)(a) (a) The administrator or the administrator’s designee shall examine both the relevant written review results issued under s. Jus 10.08 (3) (intro.) and (b) and the written appeal with accompanying documentation as filed under subs. (1) and (2). Based on that examination and under the applicable law, the administrator or the administrator’s designee shall reach a final departmental conclusion either affirming or reversing the review results issued under s. Jus 10.08 (3) (b).

Jus 10.09(3)(b) (b) Within 10 working days after receiving a written appeal under sub. (1), the administrator or the administrator’s designee shall notify the transferee and the dealer in writing providing them a brief explanation for the departmental conclusion on appeal. In notifying the transferee and the dealer, the department shall proceed as follows:

Jus 10.09(3)(b)1. 1. If the administrator or the administrator’s designee concludes that transferring a handgun to the transferee is allowed under s. 941.29, Stats., the department shall withdraw the previously issued nonapproval number and shall provide the dealer an approval number; or

Jus 10.09(3)(b)2. 2. If the administrator or the administrator’s designee concludes that transferring a handgun to the transferee is prohibited by s. 941.29, Stats., the department shall notify the transferee and the dealer that the nonapproval number already issued remains in effect.

Jus 10.09 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91.

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

Jus 10.095(1) (1) 

Jus 10.095(1)(a) (a) The department shall maintain a database that includes:

Jus 10.095(1)(a)1. 1. A listing of those persons who have been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), Stats., with respect to whom the department has received that information from a circuit court.

Jus 10.095(1)(a)2. 2. A listing of those persons who have obtained relief through a cancellation order under s. 51.20 (13) (cv) 1m. c., 51.45 (13) (i) 2. c., 54.10 (3) (f) 2. c., or 55.12 (10) (b) 3., Stats., with respect to whom the department has received that information from a circuit court.

Jus 10.095(1)(a)3. 3. Any identifying information that has been provided by a circuit court to the department under subd. 1. or 2.

Jus 10.095(1)(b) (b) The department shall in a timely manner provide relevant information that has been added to the departmental database to the national instant criminal background check system, 28 CFR Part 25, in accordance with system procedures.

Jus 10.095(2) (2) Except as provided in sub. (1) (b) and s. 175.35 (2g) (c), Stats., the department may not disclose information from the departmental database.