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)(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)(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 Note
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 by the department from circuit courts in proceedings under chs.
51,
54, and
55, Stats.
Jus 10.095 History
History: CR 11-036: cr. Register August 2012 No. 680, eff. 9-1-12. Jus 10.10(1)(b)
(b) Confirmation and approval or nonapproval numbers. A dealer shall keep records showing each confirmation number issued to the dealer under
s. Jus 10.06 (2) (a) 2. b. and showing the approval or nonapproval number issued to the dealer that corresponds with each confirmation number.
Jus 10.10(1)(c)
(c) Record availability. A dealer shall keep the records required under this subsection available for inspection by a department employee or designee during the dealer's normal business hours and as otherwise reasonably requested.
Jus 10.10(2)(a)(a) Required records. The department shall keep the following records:
Jus 10.10(2)(a)1.
1. Notes sufficient to show the information communicated to the department by telephone under
s. Jus 10.06 (1) (d) about each individual notification form,
Jus 10.10(2)(a)4.
4. Daily logs showing the date or dates for each departmental record search and showing the dealer identification number, any confirmation number and either an approval or nonapproval number for each search, and
Jus 10.10(2)(a)5.
5. Records reasonably required for the department to administer this chapter effectively and efficiently.
Jus 10.10(2)(b)
(b) Checking notification forms. After the department receives a duplicate of a completed notification form as required under
s. Jus 10.06 (1) (c) 1. intro., the department shall check to ensure that the information on the submitted duplicate corresponds in all material respects with the information the department received about the notification form by telephone from the dealer under
s. Jus 10.06 (1) (d). If there is a material discrepancy, the department may notify the appropriate local law enforcement authorities and if appropriate may seek penalties under s.
175.35 (3), Stats.
Jus 10.10(2)(c)
(c) Destroying records. The department shall destroy certain records kept under
par. (a) as follows:
Jus 10.10(2)(c)1.
1. Within 30 days after receiving a duplicate notification form under
s. Jus 10.06 (1) (c) 1. intro., the department shall destroy its duplicate notification form and all its records concerning the record search associated with that form, except for the daily log entries required under
par. (a) 4. The department shall, however, destroy its records under this subdivision only if it has already issued an approval number for the transfer involved and if nothing on the duplicate form shows that a handgun transfer to the transferee may be prohibited under s.
941.29, Stats.
Jus 10.10(2)(c)2.
2. No later than 3 years after issuing an approval number, the department shall destroy all the daily log entries kept under
par. (a) 4. that correspond with that approval number.
Jus 10.10 History
History: Cr.
Register, November, 1991, No. 431, eff. 12-1-91.
Jus 10.11(1)
(1) The department shall charge a dealer a 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 fee from the transferee.
Jus 10.11(2)(a)(a) The department shall mail a monthly bill to each dealer that has requested any record search under
s. Jus 10.06 (1) (d) during the preceding billing period. Each bill shall include the dealer's identification number, an approval number or a nonapproval or confirmation number for each individual transfer approval request, and the total amount payable by the dealer to the department.
Jus 10.11(2)(b)
(b) A dealer shall pay each bill mailed to the dealer under
par. (a) in full within 30 days after it is mailed to the dealer. The department may refuse to accept a toll-free call or to search a record for any dealer that fails to pay any amount due within 30 days after a bill is mailed to the dealer.
Jus 10.11 History
History: Cr.
Register, November, 1991, No. 431, eff. 12-1-91;
CR 11-036: am. (1) Register August 2012 No. 680, eff. 9-1-12. Jus 10.12
Jus 10.12 Penalties. The penalties for violating this chapter are set forth in s.
175.35 (3), Stats.
Jus 10.12 Note
Note: Section
175.35 (3), Stats., imposes statutory penalties for the following conduct if it is intentional: transferring a handgun without satisfying the conditions for transfer set forth in s.
175.35, Stats., or this chapter; untruthfully completing a notification form required under s.
Jus 10.06 (1) (c); claiming falsely to the department to be a handgun dealer or providing the department an incorrect dealer identification number while requesting a record search; or failing to maintain a required dealer record including failing to maintain an original copy of each completed notification form or to maintain a record of each confirmation number and each corresponding approval or nonapproval number. Under s.
175.35 (3), Stats., the statutory penalties are as follows: a mandatory fine of not less than $500 nor more than $10,000 and a discretionary imprisonment of not more than 9 months.
Jus 10.12 History
History: Cr.
Register, November, 1991, No. 431, eff. 12-1-91.
