Section 10.08. Record correction review after nonapproval.

 

(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.

(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.

(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:

(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

(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.

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

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. Microsoft Windows NT 6.1.7601 Service Pack 1