(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.
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.
(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.
