1995 Wisconsin Act 71

71,20t Section 20t. 813.123 (8) (c) of the statutes is amended to read:

813.123 (8) (c) The sheriff or other appropriate local law enforcement agency under par. (b) shall enter the information received under par. (b) concerning an order or injunction issued, extended, modified or vacated under this section into the transaction information for management of enforcement system no later than 24 hours after receiving the information and shall make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or injunction issued under this section. The information need not be maintained after the order or injunction is no longer in effect.

71,20w Section 20w. 813.125 (4) (a) 2. of the statutes is amended to read:

813.125 (4) (a) 2. The petitioner serves upon the respondent a copy of a restraining order obtained under sub. (3) and notice of the time for the hearing on the issuance of the injunction under sub. (3) (c). The restraining order or notice of hearing served under this subdivision shall inform the respondent that, if the judge or court commissioner issues an injunction, the judge or court commissioner may also order the respondent not to possess a firearm while the injunction is in effect.

71,21 Section 21 . 813.125 (4m) of the statutes is created to read:

813.125 (4m) Restriction on firearm possession; surrender of firearms. (a) If a judge or court commissioner issues an injunction under sub. (4) and the judge or court commissioner determines, based on clear and convincing evidence presented at the hearing on the issuance of the injunction, that the respondent may use a firearm to cause physical harm to another or to endanger public safety, the judge or court commissioner may prohibit the respondent from possessing a firearm.

(b) An order prohibiting a respondent from possessing a firearm issued under par. (a) remains in effect until the expiration of the injunction issued under sub. (4).

(c) An order issued under par. (a) that prohibits a respondent from possessing a firearm shall do all of the following:

1. Inform the respondent named in the petition of the requirements and penalties under s. 941.29.

2. Except as provided in par. (cg), require the respondent to surrender any firearms that he or she owns or has in his or her possession to the sheriff of the county in which the action under this section was commenced, to the sheriff of the county in which the respondent resides or to another person designated by the respondent and approved by the judge or court commissioner. The judge or court commissioner shall approve the person designated by the respondent unless the judge or court commissioner finds that the person is inappropriate and places the reasons for the finding on the record. If a firearm is surrendered to a person designated by the respondent and approved by the judge or court commissioner, the judge or court commissioner shall inform the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4).

(cg) If the respondent is a peace officer, an order issued under par. (a) may not require the respondent to surrender a firearm that he or she is required, as a condition of employment, to possess whether or not he or she is on duty.

(cm) 1. When a respondent surrenders a firearm under par. (c) 2. to a sheriff, the sheriff who is receiving the firearm shall prepare a receipt for each firearm surrendered to him or her. The receipt shall include the manufacturer, model and serial number of the firearm surrendered to the sheriff and shall be signed by the respondent and by the sheriff to whom the firearm is surrendered.

2. The sheriff shall keep the original of a receipt prepared under subd. 1. and shall provide an exact copy of the receipt to the respondent. When the firearm covered by the receipt is returned to the respondent under par. (d), the sheriff shall surrender to the respondent the original receipt and all of his or her copies of the receipt.

3. A receipt prepared under subd. 1. is conclusive proof that the respondent owns the firearm for purposes of returning the firearm covered by the receipt to the respondent under par. (d).

4. The sheriff may not enter any information contained on a receipt prepared under subd. 1. into any computerized or direct electronic data transfer system in order to store the information or disseminate or provide access to the information.

(cw) A sheriff may store a firearm surrendered to him or her under par. (c) 2. in a warehouse that is operated by a public warehouse keeper licensed under ch. 99. If a sheriff stores a firearm at a warehouse under this paragraph, the respondent shall pay the costs charged by the warehouse for storing that firearm.

(d) A firearm surrendered under par. (c) 2. may not be returned to the respondent until a judge or court commissioner determines all of the following:

1. That the injunction issued under sub. (4) has been vacated or has expired.

2. That the person is not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which the judge or court commissioner is competent to grant relief.

(e) If a respondent surrenders a firearm under par. (c) 2. that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to the circuit court for the county in which the person to whom the firearm was surrendered is located. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the firearm returned. If the court returns a firearm under this paragraph, the court shall inform the person to whom the firearm is returned of the requirements and penalties under s. 941.29 (4).

71,21g Section 21g. 813.125 (5) (am) of the statutes is created to read:

813.125 (5) (am) The petition shall inform the respondent that, if the judge or court commissioner issues an injunction, the judge or court commissioner may also order the respondent not to possess a firearm while the injunction is in effect.

71,21m Section 21m. 813.125 (5g) of the statutes is created to read:

813.125 (5g) Enforcement assistance. (a) Within one business day after an order or injunction is issued, extended, modified or vacated under this section, the clerk of the circuit court shall send a copy of the order or injunction, or of the order extending, modifying or vacating an order or injunction, to the sheriff or to any local law enforcement agency which is the central repository for orders and injunctions and which has jurisdiction over the petitioner's premises.

(b) The sheriff or other appropriate local law enforcement agency under par. (a) shall enter the information received under par. (a) concerning an order or injunction issued, extended, modified or vacated under this section into the transaction information for management of enforcement system no later than 24 hours after receiving the information and shall make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or injunction issued under this section. The information need not be maintained after the order or injunction is no longer in effect.

71,22 Section 22 . 813.125 (5r) of the statutes is created to read:

813.125 (5r) Notice to department of justice. (a) If an order prohibiting a respondent from possessing a firearm is issued under sub. (4m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c).

(b) Except as provided in par. (c), the department of justice may disclose information that it receives under par. (a) only as part of a firearms restrictions record search under s. 175.35 (2g) (c).

(c) The department of justice shall disclose any information that it receives under par. (a) to a law enforcement agency when the information is needed for law enforcement purposes.

71,23 Section 23 . 941.29 (1) (f) of the statutes is created to read:

941.29 (1) (f) Enjoined under an injunction issued under s. 813.12 or 813.122 or under a tribal injunction that has been filed under s. 813.12 (9) (a).

71,23g Section 23g. 941.29 (1) (g) of the statutes is created to read:

941.29 (1) (g) Ordered not to possess a firearm under s. 813.125 (4m).

71,24 Section 24 . 941.29 (2) of the statutes is renumbered 941.29 (2) (intro.) and amended to read:

941.29 (2) (intro.) Any A person specified in sub. (1) who, is guilty of a Class E felony if he or she possesses a firearm under any of the following circumstances:

(a) The person possesses a firearm subsequent to the conviction for the felony or other crime, as specified in sub. (1), (a) or (b).

(b) The person possesses a firearm subsequent to the adjudication, as specified in sub. (1) (bm), or.

(c) The person possesses a firearm subsequent to the finding of not guilty or not responsible by reason of insanity or mental disease, defect or illness, possesses a firearm is guilty of a Class E felony as specified in sub. (1) (c) or (d).

71,25 Section 25 . 941.29 (2) (d) of the statutes is created to read:

941.29 (2) (d) The person possesses a firearm while subject to the court order, as specified in sub. (1) (e) or (g).

71,26 Section 26 . 941.29 (2) (e) of the statutes is created to read:

941.29 (2) (e) The person possesses a firearm while the injunction, as specified in sub. (1) (f), is in effect.

71,26m Section 26m. 941.29 (10) of the statutes is created to read:

941.29 (10) The prohibition against firearm possession under this section does not apply to a person specified in sub. (1) (f) if the person satisfies any of the following:

(a) The person is a peace officer and the person possesses a firearm while in the line of duty or, if required to do so as a condition of employment, while off duty.

(b) The person is a member of the U.S. armed forces or national guard and the person possesses a firearm while in the line of duty.

71,27 Section 27 . Initial applicability.

(1)  Criminal penalties for possession of a firearm. The treatment of section 941.29 (1) (f) and (2) of the statutes and the creation of section 941.29 (2) (d) and (e) and (10) of the statutes first apply to persons who possess a firearm on the effective date of this subsection.

(2)  Firearms restrictions record searches. The treatment of section 175.35 (1) (at) and (bg), (2) (c) and (d), (2f), (2g) (b) and (c) (intro.), 3. and 4., (2i), (2j), (2k) (a) 2. and (b) 2.a. and (2L) of the statutes first applies to the sale of a handgun on the effective date of this subsection.

(2m)  Entry of information regarding certain restraining orders and injunctions.

(a)  The treatment of section 813.12 (6) (b) and (c) of the statutes first applies to proceedings in which a petition for a restraining order or injunction is filed under section 813.12 (2) of the statutes on the effective date of this paragraph.

(b)  The treatment of section 813.122 (9) (b) and (c) of the statutes first applies to proceedings in which a petition for a restraining order or injunction is filed under section 813.122 (2) of the statutes on the effective date of this paragraph.

(c)  The treatment of section 813.123 (8) (b) and (c) of the statutes first applies to proceedings in which a petition for a restraining order or injunction is filed under section 813.123 (2) of the statutes on the effective date of this paragraph.

(d)  The treatment of section 813.125 (5g) of the statutes first applies to proceedings in which a petition for a restraining order or injunction is filed under section 813.125 (2) of the statutes on the effective date of this paragraph.

(3)  Proceedings for injunctions.

(a)  The treatment of section 813.12 (4m), (6) (am) and (9) (a) 4. of the statutes first applies to proceedings in which a petition is filed, under section 813.12 (2) of the statutes, on the effective date of this paragraph.

(b)  The treatment of section 813.122 (5m) and (9) (am) of the statutes first applies to proceedings in which a petition is filed, under section 813.122 (2) of the statutes, on the effective date of this paragraph.

(c)  The treatment of section 813.125 (4) (a) 2., (4m), (5) (am) and (5r) of the statutes first applies to proceedings in which a petition is filed, under section 813.125 (2) of the statutes, on the effective date of this paragraph.

71,27m Section 27m. Effective date.

(1)  This act takes effect on the first day of the 4th month beginning after publication.