Wisconsin Administrative Code
Department of Justice
Chapter Jus 10 - Handgun transfers
Section Jus 10.06 - Dealer and departmental procedures for reviewing handgun transfers

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:

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.

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).

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.

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:

(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.

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;

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

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.

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.

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.

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: