Amendment AA5-AB293

LRBa1879/1

JEO:kmg:km

1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 5, To 1995 ASSEMBLY BILL 293

September 28, 1995 - Offered by Representatives Gunderson, Travis, Goetsch, Wood and Dobyns.

AB293-AA5,1,1 At the locations indicated, amend the bill as follows:

AB293-AA5,1,2 1. Page 8, line 8: after that line insert:

AB293-AA5,1,15 "(am) When a respondent surrenders firearms under par. (a) 2., the sheriff who is receiving the firearms or the person designated by the respondent and approved by the judge or family court commissioner who is receiving the firearms, whichever is applicable, shall prepare a list of firearms surrendered to him or her. The list shall include a brief description, including the serial number, of each firearm surrendered and, to the extent that the sheriff or other person receiving the firearms is able to determine, the owner of each firearm. A list prepared under this paragraph shall be signed by the respondent and by the sheriff or other person to whom the firearms are surrendered. The original of a list prepared under this paragraph shall be filed with the clerk of court for inclusion in the court's file for the proceeding in which the injunction was issued, and the sheriff or other person to whom the firearms are surrendered shall retain a copy of the list and provide a copy of the list to the respondent.".

AB293-AA5,1,16 2. Page 8, line 15: after that line insert:

AB293-AA5,2,9 "(bm) Before returning a firearm under par. (b), the sheriff to whom the firearm was surrendered shall, to the extent possible, conduct a check to determine whether the firearm being returned is stolen or would otherwise not be in the rightful possession of the respondent. If the firearm was surrendered to a person other than a sheriff, the person to whom the firearm was surrendered shall request the sheriff of the county in which he or she resides or the sheriff of the county in which the respondent resides to conduct a check to determine whether the firearm being returned is stolen or would otherwise not be in the rightful possession of the respondent.".

AB293-AA5,2,12 3. Page 8, line 22: after the period insert: "At a hearing under this paragraph, a list prepared under par. (am) indicating that a person is the owner of a firearm is prima facie evidence that that person is the owner of the firearm.".

AB293-AA5,2,13 4. Page 9, line 22: after that line insert:

AB293-AA5,3,2 "(am) When a respondent surrenders firearms under par. (a) 2., the sheriff who is receiving the firearms or the person designated by the respondent and approved by the judge or court commissioner who is receiving the firearms, whichever is applicable, shall prepare a list of firearms surrendered to him or her. The list shall include a brief description, including the serial number, of each firearm surrendered and, to the extent that the sheriff or other person receiving the firearms is able to determine, the owner of each firearm. A list prepared under this paragraph shall be signed by the respondent and by the sheriff or other person to whom the firearms are surrendered. The original of a list prepared under this paragraph shall be filed with the clerk of court for inclusion in the court's file for the proceeding in which the injunction was issued, and the sheriff or other person to whom the firearms are surrendered shall retain a copy of the list and provide a copy of the list to the respondent.".

AB293-AA5,3,3 5. Page 10, line 5: after that line insert:

AB293-AA5,3,12 "(bm) Before returning a firearm under par. (b), the sheriff to whom the firearm was surrendered shall, to the extent possible, conduct a check to determine whether the firearm being returned is stolen or would otherwise not be in the rightful possession of the respondent. If the firearm was surrendered to a person other than a sheriff, the person to whom the firearm was surrendered shall request the sheriff of the county in which he or she resides or the sheriff of the county in which the respondent resides to conduct a check to determine whether the firearm being returned is stolen or would otherwise not be in the rightful possession of the respondent.".

AB293-AA5,3,15 6. Page 10, line 12: after the period insert: "At a hearing under this paragraph, a list prepared under par. (am) indicating that a person is the owner of a firearm is prima facie evidence that that person is the owner of the firearm.".

AB293-AA5,3,16 7. Page 11, line 8: after that line insert:

AB293-AA5,4,5 "(am) When a respondent surrenders firearms under par. (a) 2., the sheriff who is receiving the firearms or the person designated by the respondent and approved by the judge or court commissioner who is receiving the firearms, whichever is applicable, shall prepare a list of firearms surrendered to him or her. The list shall include a brief description, including the serial number, of each firearm surrendered and, to the extent that the sheriff or other person receiving the firearms is able to determine, the owner of each firearm. A list prepared under this paragraph shall be signed by the respondent and by the sheriff or other person to whom the firearms are surrendered. The original of a list prepared under this paragraph shall be filed with the clerk of court for inclusion in the court's file for the proceeding in which the injunction was issued, and the sheriff or other person to whom the firearms are surrendered shall retain a copy of the list and provide a copy of the list to the respondent.".

AB293-AA5,4,6 8. Page 11, line 15: after that line insert:

AB293-AA5,4,15 "(bm) Before returning a firearm under par. (b), the sheriff to whom the firearm was surrendered shall, to the extent possible, conduct a check to determine whether the firearm being returned is stolen or would otherwise not be in the rightful possession of the respondent. If the firearm was surrendered to a person other than a sheriff, the person to whom the firearm was surrendered shall request the sheriff of the county in which he or she resides or the sheriff of the county in which the respondent resides to conduct a check to determine whether the firearm being returned is stolen or would otherwise not be in the rightful possession of the respondent.".

AB293-AA5,4,18 9. Page 11, line 22: after the period insert: "At a hearing under this paragraph, a list prepared under par. (am) indicating that a person is the owner of a firearm is prima facie evidence that that person is the owner of the firearm.".

AB293-AA5,4,19 (End)