Section 10.07. Identification review after nonapproval.

 

(1)  

(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.

(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.

(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:

(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) .

(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) .

(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.

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

Note

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. Microsoft Windows NT 6.1.7601 Service Pack 1