NOTICE IS HEREBY GIVEN that pursuant to section
175.35 (2g) (c) and
(2g) (d), Stats., and interpreting section
175.35 (1) (at),
(2g) (c),
(2g) (d), and
(2i), Stats., and according to the procedure set forth in section
227.16 (2) (e), Stats., the Wisconsin Department of Justice will adopt the following rule as proposed in this notice, without public hearing unless, within 30 days after publication of this notice, the Wisconsin Department of Justice is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality that will be affected by the rule; or an association that is representative of a farm, labor, business, or professional group that will be affected by the rule.
The Wisconsin Department of Justice proposes an order to amend section
Jus 10.11 (1), and to create sections
Jus 10.01 (4) (am) and
10.095, relating to firearms restriction records searches.
Submittal of Written Comments
Walter Neverman, Director
Crime Information Bureau
Wisconsin Department of Justice
Post Office Box 2718
Madison WI 53707-2718
Fax: (608) 267-2779
Comments must be received no later than 30 days after the date of publication of this notice.
Analysis Prepared by the Department of Justice
Statute(s) interpreted
Statutory authority
Explanation of agency authority
The Wisconsin Department of Justice is directed by section
175.35 (2g) (d), Stats., to promulgate rules relating to background checks for the purchase of handguns so that relevant information concerning firearms restrictions that is received by the department from circuit courts in proceedings under chapters 51 and 55, Stats., is conveyed in a timely manner to the national instant criminal background check system,
28 CFR Part 25. The department is also required by section
175.35 (2i), Stats., to charge a fee for each firearms restriction records search, as defined in section
175.35 (1) (at), Stats. The fee established by the Legislature is currently $13.
Related statute or rule
Plain language analysis
This rule creates a new definitional section,
Jus 10.01 (4) (am), that conforms to section
175.35 (1) (at), Stats. This rule also creates a new provision, Jus 10.095, which authorizes the Wisconsin Department of Justice to maintain a database of information concerning firearms restrictions that is received from circuit courts in proceedings under chs.
51 and
55, Stats., and directs the department to convey relevant information from the database in a timely manner to the national instant criminal background check system,
28 CFR Part 25. This rule also conforms the fee provisions in Jus 10.11 (1) to the fee provisions in section
175.35 (2i), Stats.
Summary of and preliminary comparison with existing or proposed federal regulation
A new provision, Jus 10.095, facilitates the operation of the national instant criminal background check system,
28 CFR Part 25.
Comparison with rules in adjacent states
There are no comparable rules in Illinois, Iowa, Michigan, or Minnesota.
Summary of factual data and analytical methodologies
There is no factual data available. No analytical methodologies were used.
Analysis and supporting documentation used to determine effect on small business
The Legislature sets all fees to be collected by firearms dealers in section
175.35(2i), Stats. This rule does not impose any separate or additional fee and therefore does not have any economic effect on small business.
Small Business Impact
There are no provisions in this rule that have any significant effect on small business.
Fiscal Estimate
State fiscal effect
No effect upon existing revenues.
Increase costs. Additional staff time and additional data processing is required. – May be possible to absorb within agency's budget.
Local government costs
None.
Fund sources affected
None.
Long-range fiscal implications
None known.
Contact Person
Walter Neverman, Director
Crime Information Bureau
Wisconsin Department of Justice
17 West Main Street
Post Office Box 2718
Madison WI 53707-2718
Phone: (608) 266-7314
Text of Proposed Rule
SECTION 1. Jus 10.01 (4) (am) is created to read:
Jus 10.01 (4) (am) “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.
SECTION 2. Jus 10.095 is created to read:
Jus 10.095 Processing of information received from circuit courts under chs. 51 and 55, Stats. (1) (a) The department shall maintain a database that includes:
3. Any identifying information that has been provided by a circuit court to the department under subd. 1. or 2.
(b) The department shall in a timely manner provide relevant information that is added to the database to the national instant criminal background check system,
28 CFR Part 25, in accordance with its procedures.
(2) Except as provided in sub. (1) (b) and s.
175.35 (2g) (c), Stats., the department may not disclose information from the database.
Note: The promulgation of this section is required by s.
175.35 (2g) (d), Stats., as created by
2009 Wisconsin Act 258, sec. 13, which directs the department of justice to promulgate rules to convey in a timely manner to the national instant criminal background check system certain information concerning firearms restrictions that is received from circuit courts in proceedings under chs.
51 and
55, Stats.
SECTION 3.
Jus 10.11(1) is amended to read: The department shall charge a dealer a
$5 fee for each record search the dealer requests under s.
Jus 10.06 (1) (d) as set forth in s.
175.35, Stats. A dealer may collect the
$5 fee from the transferee.
