SB605-SSA1,10,99 (d) "Respondent" means the individual who is the subject of an injunction.
SB605-SSA1,10,1010 (e) "Surrender and extend order" means an order under sub. (1g).
SB605-SSA1,10,12 11(1g) Surrender and extend order. If the court issues a surrender and extend
12order, the court shall do all of the following:
SB605-SSA1,10,1513 (a) Order the respondent to surrender, within a period that is no longer than
1448 hours, any firearm that he or she owns or possesses to the sheriff or, in the court's
15discretion, to another person.
SB605-SSA1,10,1716 (b) Order that the respondent may possess or transport a firearm only for the
17purpose of complying with par. (a).
SB605-SSA1,10,2018 (c) If the court stays an injunction, order the respondent subject to a temporary
19restraining order during the stay of the injunction and extend the temporary
20restraining order for a period of 48 hours for the purpose of firearm surrender.
SB605-SSA1,10,2221 (d) Inform the respondent when the injunction will take effect and the penalty
22for possessing a firearm while the injunction is in effect.
SB605-SSA1,10,2323 (e) Instruct the respondent how to surrender any firearm.
SB605-SSA1,10,2524 (f) If appropriate, order the respondent to attend a hearing to surrender
25firearms.
SB605-SSA1,11,4
1(1m) Temporary restraining orders. If the court is required to extend a
2temporary restraining order under this section, and a temporary restraining order
3was not previously granted, the court shall, on its own motion, reconsider and grant
4the temporary restraining order.
SB605-SSA1,11,11 5(2) Firearm possession determination. (a) If the respondent is present at the
6injunction hearing, the court shall stay the injunction for a period not to exceed 48
7hours and shall extend the temporary restraining order for 48 hours for the purpose
8of firearm surrender. The respondent shall provide the court a completed firearm
9possession form. The court shall verify the information on the firearm possession
10form and shall make an inquiry on the record as to the contents of the firearm
11possession form.
SB605-SSA1,11,1912 (b) If the respondent is not present at the injunction hearing, the court shall
13provide the petitioner with an opportunity to inform the court orally or in writing
14whether he or she believes that the respondent possesses a firearm. If the petitioner
15informs the court that the respondent possesses a firearm, the court shall request the
16petitioner to inform the court orally or in writing how many firearms he or she
17believes the respondent possesses, the make and model of any firearm he or she
18believes the respondent possesses, and the location of any firearm he or she believes
19the respondent possesses.
SB605-SSA1,11,2420 (c) 1. If the firearm possession form submitted to the court under par. (a) or (b)
21indicates the respondent does not possess a firearm, and the court, after an inquiry,
22is satisfied that the respondent does not possess a firearm, the court shall file the
23firearm possession form, lift the stay of the injunction, and dismiss the temporary
24restraining order extended under par. (a).
SB605-SSA1,12,6
12. If, under par. (a), the firearm possession form submitted to the court
2indicates the respondent possesses a firearm, and the respondent has not
3surrendered his or her firearm as described under sub. (3) (a), the court shall
4continue to stay the injunction as provided under par. (a) for a period not to exceed
548 hours, issue a surrender and extend order, and schedule a hearing to surrender
6firearms to occur within one week of the injunction hearing.
SB605-SSA1,12,107 3. If, under par. (b), the petitioner indicates that the respondent possesses a
8firearm or if the court is not satisfied under subd. 1. that the respondent does not
9possess a firearm, the court shall schedule a hearing to surrender firearms to occur
10within one week of the injunction hearing. The court shall do one of the following:
SB605-SSA1,12,1211 a. Continue the stay under par. (a) of the injunction and issue a surrender and
12extend order.
SB605-SSA1,12,1313 b. Lift the stay of the injunction.
SB605-SSA1,12,1514 4. The court may schedule a hearing to surrender firearms for any reason
15relevant to the surrender of firearms.
SB605-SSA1,12,20 16(3) Surrender of firearms. (a) Unless the court has noted another reason that
17is relevant to the surrender of firearms that would require the hearing to surrender
18firearms to occur, the court shall dismiss the hearing to surrender firearms
19scheduled under sub. (2) (c) 2. or 3. if the respondent surrenders his or her firearm
20in one of the following manners:
SB605-SSA1,12,2221 1. The respondent surrenders his or her firearm to another person and all of
22the following apply:
SB605-SSA1,12,2423 a. The respondent and the person to whom the respondent is surrendering his
24or her firearm appear at the injunction hearing.
SB605-SSA1,13,2
1b. At the injunction hearing, the person testifies under oath that the person has
2received the firearms listed on the respondent's firearm possession form.
SB605-SSA1,13,43 c. At the injunction hearing, the court determines that the person is not
4prohibited from possessing a firearm.
SB605-SSA1,13,65 d. The court informs the person to whom the firearm is surrendered of the
6requirements and penalties under s. 941.29 (4).
SB605-SSA1,13,87 e. The court, after considering all relevant factors and any input from the
8petitioner, approves the surrender of the firearm.
SB605-SSA1,13,99 f. The court does not use the process under subd. 3.
SB605-SSA1,13,1310 2. The respondent surrenders his or her firearm to a sheriff no later than 48
11hours after the injunction hearing ordering the respondent to surrender his or her
12firearm and provides a copy of the receipt to the clerk of courts as provided in sub.
13(6) (b).
SB605-SSA1,13,1614 3. The respondent surrenders his or her firearm to a sheriff as provided under
15subd. 2., and a person who appeared at the injunction hearing takes possession of the
16firearm from the sheriff, if all of the following apply:
SB605-SSA1,13,1717 a. Subdivision 1. d. and e. apply.
SB605-SSA1,13,1918 b. The sheriff determines that the person is not prohibited from possessing a
19firearm.
SB605-SSA1,13,2220 (b) If the court approves the surrender under par. (a) 1., and if the court has
21issued a surrender and extend order and has stayed the injunction, the court shall
22lift the stay and dismiss the temporary restraining order.
SB605-SSA1,14,2 23(4) Hearing to surrender firearms. (a) Unless the court dismisses the hearing
24to surrender firearms, a respondent for whom a hearing to surrender firearms has
25been scheduled must attend the hearing. If the respondent fails to attend the

1hearing to surrender firearms, the court shall issue an arrest warrant for the
2respondent.
SB605-SSA1,14,83 (b) At the hearing to surrender firearms, the court shall stay the injunction for
4a period not to exceed 48 hours, shall extend the temporary restraining order for 48
5hours, shall ensure that the respondent has completed a firearm possession form and
6verify the information provided on the firearm possession form if the information
7was not already verified under sub. (2) (a), shall make an inquiry on the record as
8to the contents of the firearm possession form, and shall do one of the following:
SB605-SSA1,14,149 1. If the respondent wants to surrender his or her firearms to a person who is
10not the sheriff and who appears at the hearing to surrender firearms, and if the court,
11after considering all relevant factors and input from the petitioner, approves the
12surrender and informs the person to whom the firearms are surrendered of the
13requirements and penalties under s. 941.29 (4), order the respondent to surrender
14his or her firearms in one of the following ways:
SB605-SSA1,14,1715 a. To the person, after the person testifies under oath that he or she has received
16the firearms listed on the respondent's firearm possession form and after the court
17determines that the person is not prohibited from possessing a firearm.
SB605-SSA1,14,1918 b. To the sheriff, who shall transfer the firearms to the person after determining
19that the person is not prohibited from possessing a firearm.
SB605-SSA1,14,2320 1m. If the respondent claims to have surrendered his or her firearms to the
21sheriff in accordance with sub. (6), verify that the respondent has surrendered all
22such firearms, lift the stay of the injunction, and dismiss the temporary restraining
23order.
SB605-SSA1,15,424 2. Order the respondent to surrender any firearm that the court finds the
25respondent owns or possesses to a sheriff in accordance with sub. (6). If the

1respondent has not provided to the court, within 48 hours of the hearing to surrender
2firearms, a receipt as specified in sub. (6) (b) that shows surrender of all of the
3firearms that were subject to the order, the court shall presume the respondent is
4violating the order and the injunction and may do any of the following:
SB605-SSA1,15,55 a. Notify the sheriff of the violation for investigation and appropriate action.
SB605-SSA1,15,66 b. Schedule another hearing to surrender firearms.
SB605-SSA1,15,87 c. Issue a warrant to the sheriff ordering that the respondent be brought before
8the court to show cause why the respondent should not be held in contempt.
SB605-SSA1,15,109 3. a. If, under subd. 1. b. or 2., the court orders the respondent to surrender his
10or her firearms to the sheriff, the court shall issue a surrender and extend order.
SB605-SSA1,15,1311 b. If, under subd. 1. a., the court orders the respondent to surrender his or her
12firearms to a person who is not the sheriff, the court shall lift any stay of the
13injunction and dismiss the temporary restraining order.
SB605-SSA1,15,1714 4. If the firearm possession form indicates that the respondent does not possess
15a firearm, and the court, after an inquiry, is satisfied that the respondent does not
16possess a firearm, the court shall file the firearm possession form, lift any stay of the
17injunction, and dismiss the temporary restraining order.
SB605-SSA1,15,22 18(5) Firearm possession form and petition for the return of firearms. (a) The
19director of state courts shall develop a firearm possession form. Any false
20information provided on the form by the respondent may be subject to a penalty of
21false swearing under s. 946.32. The director of state courts shall ensure that the
22firearm possession form does all of the following:
SB605-SSA1,15,2323 1. Requires the respondent to list his or her name and address.
SB605-SSA1,15,2424 2. Includes space for the respondent's signature and date signed.
SB605-SSA1,16,5
13. Requires the respondent to indicate whether he or she owns or possesses any
2firearm or has owned or possessed any firearm in the 6 months immediately
3preceding the issuance of the injunction, and, if the answer is yes, to list the quantity
4and the make and model of each firearm and to note whether the firearm was sold
5or surrendered and whether he or she has a receipt for the firearm sale or surrender.
SB605-SSA1,16,66 4. Gives notice of the penalty for false swearing under s. 946.32.
SB605-SSA1,16,87 (b) The director of state courts shall develop a petition for the return of firearms
8in substantially the following form:
SB605-SSA1,16,99 STATE OF WISCONSIN
SB605-SSA1,16,1010 IN CIRCUIT COURT FOR .... COUNTY
SB605-SSA1,16,1111 Petition to Return Firearm(s)
SB605-SSA1,16,1312 In re the Return of Firearms to (name of person required to surrender firearms
13in an injunction action)
SB605-SSA1,16,1514 Requesting person's information: date of birth, sex, race, height, weight, hair
15color, eye color, address, and phone number.
SB605-SSA1,16,1616 Under oath I state that:
SB605-SSA1,16,1817 1. The court issued an injunction against me on (date of injunction). The
18injunction was issued based on a:
SB605-SSA1,16,1919 Domestic Abuse petition.
SB605-SSA1,16,2020 Child Abuse petition.
SB605-SSA1,16,2121 Harassment petition.
SB605-SSA1,16,2322 2. The court ordered me to surrender any firearms I owned or had in my
23possession to:
SB605-SSA1,16,2424 the sheriff of this county.
SB605-SSA1,16,2525 the sheriff of the county in which I resided, which is (name of county).
SB605-SSA1,17,1
1to the following person (whether directly or indirectly through a sheriff):
SB605-SSA1,17,33 address:
SB605-SSA1,17,64 3. I surrendered the following firearms as provided in item 2 and have attached
5a receipt from the sheriff or from the 3rd person (if the person did not provide a
6receipt, attach a description of the firearm(s)):
SB605-SSA1,17,77 4. The injunction has (been vacated) (expired and has not been extended).
SB605-SSA1,17,98 5. I (have) (have not) been convicted of a misdemeanor crime of domestic
9violence.
SB605-SSA1,17,1010 6. I (have) (have not) been convicted of a felony.
SB605-SSA1,17,1311 7. I am not prohibited from possessing a firearm under any state or federal law
12or by the order of any federal court or state court, other than an order from which a
13judge or family court commissioner is competent to grant relief.
SB605-SSA1,17,1614 I request that the court enter an order directing that the person named under
15item 2 return to me those firearms that were surrendered under the order of the
16court.
SB605-SSA1,17,1717 Subscribed and sworn to before me on (date)
SB605-SSA1,17,1818 (Signature of person requesting return of firearms)
SB605-SSA1,17,1919 (Signature of notary public, state of Wisconsin)
SB605-SSA1,17,2020 My commission expires on (date)
SB605-SSA1,17,2121 Dated this .... day of ...., .... (year)
SB605-SSA1,17,2222 Distribution:
SB605-SSA1,17,2423 1. Court - original 2. Petitioner in injunction action 3. Person to whom
24firearm(s) were surrendered
SB605-SSA1,18,6
1(5m) Notification to local law enforcement. (a) Within one business day
2after the court issues an order, extends or modifies a temporary restraining order, or
3stays or lifts a stay on an injunction under this section, the clerk of the circuit court
4shall send a copy of the order, the extension or modification, or the stay or lift to the
5sheriff or to any other local law enforcement agency that is the repository for such
6actions and that has jurisdiction over the premises of the petitioner.
SB605-SSA1,18,157 (b) No later than 24 hours after receiving the information under par. (a), the
8sheriff or other local law enforcement agency under par. (a) shall enter the
9information concerning the order issued, the extension or modification, or the stay
10or lift of the injunction under par. (a) into the transaction information for
11management of enforcement system. The sheriff or other local law enforcement
12agency shall also make available to other law enforcement agencies, through a
13verification system, the information received and entered under this paragraph. The
14information need not be maintained after the order or injunction is no longer in
15effect.
SB605-SSA1,18,16 16(6) Surrender of firearm to sheriff.
SB605-SSA1,18,2317 (e) 2. If an injunction expires and is not extended, or an injunction is vacated,
18a sheriff may charge the respondent for any costs incurred 30 days after the
19injunction expires for storage of the firearm surrendered to the sheriff due to that
20injunction. A sheriff may dispose of a firearm surrendered to the sheriff due to that
21injunction 12 months after the injunction expires or is vacated and, if the sheriff
22disposes of the firearm, the sheriff may charge the respondent for the costs of
23disposal.
SB605-SSA1,18,24 24(7) Return of firearm.
SB605-SSA1,19,3
1(8) Penalties. A respondent who violates an order described under sub. (1g)
2(a) or (b) is subject to a fine of not more than $10,000 or imprisonment for not more
3than 9 months or both in addition to any other penalty to which he or she is subject.
SB605-SSA1,29 4Section 29. 818.02 (9) of the statutes is created to read:
SB605-SSA1,19,55 818.02 (9) In a proceeding under s. 813.1285.
SB605-SSA1,30 6Section 30. 938.25 (6) of the statutes is amended to read:
SB605-SSA1,19,157 938.25 (6) Temporary restraining order and injunction. If a proceeding is
8brought under s. 938.13, any party to or any governmental or social agency involved
9in the proceeding may petition the court to issue a temporary restraining order and
10injunction as provided in s. 813.122 or 813.125. The court shall follow the procedure
11under s. 813.122 or 813.125 except that the court may combine hearings authorized
12under s. 813.122 or 813.125 and this chapter, the petitioner for the temporary
13restraining order and injunction is not subject to the limitations under s. 813.122 (2)
14(a) or 813.125 (2) and no fee is required regarding the filing of the petition under s.
15813.122 or 813.125.
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