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:

Jus 10.06(1)(a) (a) Require identification. A dealer shall require each handgun transferee to show the dealer, for the dealer’s inspection, a reliable identification document. The identification document shall include a photograph of the transferee.

Jus 10.06 Note Note: A motor vehicle operator’s license or state issued identification card when those documents include the licensee or card holder’s photograph are examples of reliable identification documents. See, e.g., ss. 343.17 (3) (a) 2. and 343.50 (3), Stats.

Jus 10.06(1)(b) (b) Inspect identification. A dealer shall carefully inspect the identification document, including the photograph shown by a transferee under par. (a), and shall ensure that it accurately and reliably identifies the transferee as the person the transferee claims to be.

Jus 10.06(1)(c) (c) Require transferee to complete notification form.

Jus 10.06(1)(c)1. 1. A dealer shall require each transferee to complete an official notification form obtained from the department. The transferee shall fully and truthfully complete the form in triplicate. The dealer shall provide one copy of the completed form to the transferee when the handgun is transferred to the transferee or when notification of nonapproval is given to the transferee. Within 24 hours after the dealer receives departmental notification that the handgun transfer for which the form was completed is either approved or not approved, the dealer shall mail one copy of the completed form to the department. The dealer shall retain the completed original form as required under s. Jus 10.10 (1) (a). Each form shall have a form number placed on it by the department and shall require all the following information about the transferee:

Jus 10.06(1)(c)1.a. a. Legal name and any alias or other name used at any time,

Jus 10.06(1)(c)1.b. b. Birth date,

Jus 10.06(1)(c)1.c. c. Gender,

Jus 10.06(1)(c)1.d. d. Race,

Jus 10.06(1)(c)1.e. e. Social security number,

Jus 10.06(1)(c)1.f. f. Current address, and

Jus 10.06(1)(c)1.g. g. Other information reasonably required by the department to ensure a reliable record search and to ensure the required notification under this paragraph.

Jus 10.06(1)(c)2. 2. If a transferee cannot read or write, a notification form may be completed on the transferee’s behalf by a competent person other than the dealer or any officer, employee or agent of the dealer. The person completing the form shall do so in accordance with this paragraph and with the instructions on the form and shall do so in the presence of and after careful consultation with the transferee to ensure that each notification form answer is truthful and complete. After a person completes a notification form on behalf of a transferee, the dealer shall question the transferee to ensure that the form is truthfully and fully completed and shall then obtain the transferee’s signature on the form. If the transferee cannot write, the dealer shall obtain the transferee’s mark in the signature space on the form or shall obtain the transferee’s name written by another person in the presence of and at the request of the transferee.

Jus 10.06 Note Note: A copy of the notification form required by the department is attached to this chapter as appendix II. A dealer may request copies of the required notification form from the address noted in the note following s. Jus 10.04 (1).

Jus 10.06(1)(d) (d) Call department. After a transferee truthfully completes the notification form in its entirety as required under par. (c), the dealer shall telephone the department using the toll-free telephone number designated by the department for that purpose. During the call, the dealer shall request a record search and shall convey to the department, as required by the department under sub. (2) (a), the material information shown on the notification form completed by the transferee in accordance with par. (c).

Jus 10.06(2) (2) Department responsibilities. When the department receives a record search request under sub. (1) (d), the department shall do the following in the sequence listed:

Jus 10.06(2)(a) (a) Issue approval number or confirmation number. During the telephone call received under sub. (1) (d), the department shall proceed as follows:

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 Note Note: 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: