 |
|
Appealing a Handgun Transfer DenialYou have not been approved for the transfer of a handgun. Non-approval is mandated when the information provided to the licensed firearms dealer matches a record with a disqualifying offense. Those Wisconsin disqualifying offenses include:
Additional disqualifying federal offenses are:
Federal law requires Wisconsin to deny based on federal disqualifiers as well as those established by Wisconsin law. Any inquiry concerning your appeal should be directed to the Handgun Hotline. Due to the Privacy Act of 1974, the Handgun Hotline cannot disseminate specific information to you via the telephone. Before details of the limitation resulting in a non-approval number can be released, satisfactory proof of the buyer’s identity is required pursuant to JUS 10.07(1)(b). Satisfactory proof of identity includes a set of rolled ink fingerprints prepared by a law enforcement agency on a supplied fingerprint card from your appeals package. This identification/verification ensures that the record used for a non-approval decision actually relates to the buyer. To begin the appeal process complete the Identification Request Review form (DJ-LE-FH4) and a fingerprint card. Wisconsin law enforcement agencies have been notified that individuals denied approval to purchase a handgun would be required to be fingerprinted. They have been asked to verify the information on the individual's copy of the Firearms Dealer Notification form by asking for photo identification and to fingerprint the person on the card provided. The preferable applicant card is the blue FBI applicant card
FD-258. The Reason Fingerprinted
field on the applicant fingerprint
card must indicate Firearms Denial Challenge. Requests without a fingerprint card
or with illegible fingerprints will be returned. Fingerprint cards without
a minimum amount of personal identification information will also be returned.
Minimum data includes full name, sex, race, date of birth, reason fingerprinted
and information regarding the official capturing the fingerprints. Wisconsin law enforcement agencies have been notified that individuals denied approval to purchase a handgun would be required to be fingerprinted. They have been asked to verify the information on the individual’s copy of the Firearms Dealer Notification Form by asking for photo identification. Many law enforcement agencies will assist in rolling fingerprints for applicant purposes. Check with your local law enforcement agency to see if they have the applicant fingerprint card FD-258 and will aid in completing the fingerprint card. There may be a fee involved depending on each agency's policy. You will be required to produce a government-issued photo identification to prove you are the same person identified by the information on the fingerprint card. Return of the completed forms and fingerprint card will permit the Crime Information Bureau to ensure that the record used for denial matches based on positive identification. This search will be based on positive biometric identifiers, fingerprint, rather than the initial name search. This card, and the results of the comparison, will be returned to you following the process. If the non-approval resulted from an out-of-state record, the identification process will require a longer period of time to process. If the record used does not match based on fingerprints, you and the gun dealer will be notified in writing, and an approval number will be issued. If the identification is positive, you will be furnished a copy of the record that was used to issue the non-approval. After you review that record, you should again communicate with the Supervisor of the Handgun Hotline if there are any errors or discrepancies in the record with which you do not agree. If you wish to challenge a particular finding on the record, it will be necessary to provide proof in the form of a court document or other information that supports your contention of inaccuracy. You may submit any information to the originating agency that would assist with the correcting and/or updating of your record. (This may also hasten the appeal process.) If the originating agency corrects your record, the Handgun Hotline must be notified and provided documentation indicating such. The information will be verified and evaluated and you will receive a decision on your appeal in writing. If your appeal is successful, your will be notified that your denial has been overturned and that you are eligible to receive a firearm. You will be issued a letter, which must be presented to the FFL (who will also receive a letter) that initiated your background check. The federal process varies from that used for handguns in Wisconsin. Contact NICS with any questions regarding federal procedures. NICS can be reached at 1-877-444-6427. Online information regarding appeals to the National Instant Background Check System may be found on the NICS Appeal web page. To contact Handgun Hotline in writing: Crime Information Bureau Should you have any questions concerning this process contact: Handgun Hotline Supervisor |
||||||||||||
|
This page created by the Department of Justice. All text, images or associated items are property of the Department of Justice, and may only be reproduced with the consent of the Department of Justice. |
|||||||||||||
|
|||||||||||||
