Access to firearm prohibition orders.

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165.63 Access to firearm prohibition orders.

(1) Definition. In this section, “department" means the department of justice.

(2) Department to provide information upon request. Upon a request under sub. (3), (4), or (5), the department shall provide to the person making the request information regarding any of the following:

(a) Individuals ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).

(b) The cancellation under s. 51.20 (13) (cv) 1m. c., 51.45 (13) (i) 2. c., 54.10 (3) (f) 2. c., or 55.12 (10) (b) 3. of an order not to possess a firearm.

(2m) Process; data confidentiality. The department, when providing information under sub. (2), may use the transaction information for the management of enforcement system or another method approved by the department to process requests and responses in a secure manner to ensure confidentiality of the data.

(3) Requests from courts. In making a determination required under s. 813.1285 (7) (a) or 968.20 (1m) (d) 1., a judge or court commissioner shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

(4) Law enforcement requests. A law enforcement agency or a law enforcement officer may request information under sub. (2) from the department to do any of the following:

(a) Enforce or investigate a violation of s. 941.29 or 941.2905.

(b) Conduct a background check on an individual who is applying to become a law enforcement officer or on a current law enforcement officer.

(c) Make a determination under s. 175.48 (2) (a) or 175.49 (2) (b) 4. or (5).

(d) Aid the court in making a determination required under s. 813.1285 (7) (a) or 968.20 (1m) (d) 1. or aid an entity in making a determination required under s. 968.20 (1m) (d) 2.

(5) Return of seized firearm. In making a determination required under s. 968.20 (1m) (d) 2., an entity holding a seized firearm shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

History: 2013 a. 223, 321; 2015 a. 141; 2017 a. 145, 365.


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