SB381: Bill Text

SB381, s. 9 Section 9. 813.12 (4m) (c) of the statutes is renumbered 813.129 (7) (b) and amended to read:

SB381,6,22 813.129 (7) (b) If a respondent surrenders a firearm under par. (a) 2. this section 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).

SB381, s. 10 Section 10. 813.122 (2) of the statutes is renumbered 813.122 (2) (a).

SB381, s. 11 Section 11. 813.122 (2) (b) of the statutes is created to read:

SB381,7,2 813.122 (2) (b) When the respondent is served under this subsection, the petition shall include all of the following:

SB381,7,4 1. Notice of the requirements and penalties under s. 941.29 (1) (f) and (2) (e) and notice of any similar applicable federal laws and penalties.

SB381,7,6 2. If the court has scheduled a hearing to surrender firearms under sub. (3) (a), notice of the hearing.

SB381,7,9 3. An explanation of s. 813.129, including the procedures for surrendering a firearm and the circumstances listed under s. 813.129 (4) (a) under which a respondent must appear at a hearing to surrender firearms.

SB381,7,11 4. A firearm possession form developed under s. 813.129 (5), with instructions for completing and returning the form.

SB381, s. 12 Section 12. 813.122 (3) (a) of the statutes is amended to read:

SB381,7,24 813.122 (3) (a) Procedure for an action under this section is in 2 parts. First, if the petitioner requests a temporary restraining order, the court or circuit court commissioner shall issue or refuse to issue that order. Second, the court shall hold a hearing under sub. (5) on whether to issue an injunction, which is the final relief. If the court or circuit court commissioner issues a temporary restraining order, the order shall set forth the date for the hearing on an injunction and may set forth the date for a hearing to surrender firearms which must occur within one week of the injunction hearing. If the court or circuit court commissioner does not issue a temporary restraining order, the date for the hearing on an injunction shall be set upon motion by either party and the court may set forth a date for a hearing to surrender firearms which must occur within one week of the hearing on the injunction.

SB381, s. 13 Section 13. 813.122 (5m) (a) 1. of the statutes is amended to read:

SB381,8,3 813.122 (5m) (a) 1. Inform the respondent named in the petition of the requirements and penalties under s. 941.29 and any similar applicable federal laws and penalties.

SB381, s. 14 Section 14. 813.122 (5m) (a) 2. of the statutes is amended to read:

SB381,8,16 813.122 (5m) (a) 2. Except as provided in par. (ag), require in writing 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 circuit court commissioner. The judge or circuit court commissioner shall approve the person designated by the respondent unless the judge or circuit 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 circuit court commissioner, the judge or circuit court commissioner shall inform the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4) in accordance with s. 813.129.

SB381, s. 15 Section 15. 813.122 (5m) (am) of the statutes is repealed.

SB381, s. 16 Section 16. 813.122 (5m) (aw) of the statutes is repealed.

SB381, s. 17 Section 17. 813.122 (5m) (b) and (c) of the statutes are repealed.

SB381, s. 18 Section 18. 813.125 (4) (a) 2. of the statutes is amended to read:

SB381,9,2 813.125 (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 court may set forth a date for a hearing to surrender firearms which must occur within one week of the hearing on the injunction. If the court sets a date under this subdivision, the notice of the hearing to surrender firearms shall be served upon the respondent with the copy of the restraining order.

SB381,9,7 2m. The restraining order or notice of hearing served under this subdivision subd. 2. shall inform the respondent that, if the judge or circuit court commissioner issues an injunction, the judge or circuit court commissioner may also order the respondent not to possess a firearm while the injunction is in effect. The order or notice shall include all of the following:

SB381, s. 19 Section 19. 813.125 (4) (a) 2m. a., b. and c. of the statutes are created to read:

SB381,9,10 813.125 (4) (a) 2m. a. Notice of the requirements and penalties under s. 941.29 (1) (g) and (2) (d) and notice of any similar applicable federal laws and penalties.

SB381,9,13 b. An explanation of s. 813.129, including the procedures for surrendering a firearm and the circumstances listed under s. 813.129 (4) (a) under which a respondent must appear at a hearing to surrender firearms.

SB381,9,15 c. A firearm possession form developed under s. 813.129 (5), with instructions for completing and returning the form.

SB381, s. 20 Section 20. 813.125 (4m) (a) of the statutes is amended to read:

SB381,9,24 813.125 (4m) (a) If a judge or circuit court commissioner issues an injunction under sub. (4) and the judge or circuit 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 circuit court commissioner may prohibit the respondent from possessing a firearm. If the respondent is not prohibited from possessing a firearm and the court had scheduled under sub. (4) (a) 2. a hearing to surrender firearms, the court shall dismiss the hearing to surrender firearms.

SB381, s. 21 Section 21. 813.125 (4m) (c) 1. of the statutes is amended to read:

SB381,10,3 813.125 (4m) (c) 1. Inform the respondent named in the petition of the requirements and penalties under s. 941.29 and any similar applicable federal laws and penalties.

SB381, s. 22 Section 22. 813.125 (4m) (c) 2. of the statutes is amended to read:

SB381,10,16 813.125 (4m) (c) 2. Except as provided in par. (cg), require in writing 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 circuit court commissioner. The judge or circuit court commissioner shall approve the person designated by the respondent unless the judge or circuit 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 circuit court commissioner, the judge or circuit court commissioner shall inform the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4) in accordance with s. 813.129.

SB381, s. 23 Section 23. 813.125 (4m) (cm) of the statutes is repealed.

SB381, s. 24 Section 24. 813.125 (4m) (cw) of the statutes is repealed.

SB381, s. 25 Section 25. 813.125 (4m) (d) and (e) of the statutes are repealed.

SB381, s. 26 Section 26. 813.125 (6) (c) of the statutes is amended to read:

SB381,11,2 813.125 (6) (c) A respondent who does not appear at a hearing at which the court orders an injunction under sub. (4) but who has been served with a copy of the petition and notice of the time for hearing under sub. (4) (a) 2. that includes the information required under sub. (4) (a) 2m. has constructive knowledge of the existence of the injunction and shall be arrested for violation of the injunction regardless of whether he or she has been served with a copy of the injunction.

SB381, s. 27 Section 27. 813.129 of the statutes is created to read:

SB381,11,5 813.129 Notice and process for firearm surrender. (1) Definitions. In this section:

SB381,11,6 (a) "Firearm possession form" means the form developed under sub. (5).

SB381,11,8 (b) "Petitioner" means an individual who is applying for, or for whom a court has granted, an injunction under s. 813.12 (4), 813.122 (5), or 813.125 (4).

SB381,11,11 (c) "Respondent" means the individual who is the subject of an injunction issued under s. 813.12 (4), 813.122 (5), or 813.125 (4), which requires the individual under s. 813.12 (4m), 813.122 (5m), or 813.125 (4m) to surrender his or her firearms.

SB381,11,16 (2) Firearm possession determination. (a) If the respondent is present at the injunction hearing, the respondent shall provide the court a completed firearm possession form. The court shall verify the information on the firearm possession form and shall make an inquiry on the record as to the contents of the firearm possession form.

SB381,11,22 (b) If the respondent is not present at the injunction hearing, the court shall provide the petitioner with an opportunity to state whether he or she believes that the respondent possesses a firearm. If the petitioner states that the respondent possesses a firearm, the court shall ask the petitioner how many firearms he or she believes the respondent possesses and the make and model of any firearm he or she believes the respondent possesses.

SB381,12,2 (c) 1. If the firearm possession form submitted to the court under par. (a) indicates the respondent does not possess a firearm and the court, after an inquiry, is satisfied that the respondent does not possess a firearm, the court shall file the firearm possession form and, if a hearing to surrender firearms was scheduled under s. 813.12 (2m), 813.122 (3) (a), or 813.125 (4) (a) 2., dismiss the hearing.

SB381,12,8 2. If the firearm possession form submitted to the court under par. (a) or the petitioner's statement under par. (b) indicates that the respondent possesses a firearm or if the court is not satisfied that the respondent does not possess a firearm, the court shall schedule a hearing to surrender firearms to occur within one week of the injunction hearing unless the hearing to surrender firearms was scheduled under s. 813.12 (2m), 813.122 (3) (a), or 813.125 (4) (a) 2.

SB381,12,13 (3) Surrender of firearms. (a) If the respondent surrenders his or her firearm in a manner consistent with par. (b) or (c), the court shall dismiss the hearing to surrender firearms scheduled under sub. (2) (c) 2. or under s. 813.12 (2m), 813.122 (3) (a), or 813.125 (4) (a) 2. unless the court has noted another reason that is relevant to the surrender of firearms that would require the hearing to occur.

SB381,12,16 (b) A respondent for whom a hearing to surrender firearms has been scheduled under sub. (2) (c) 2. or under s. 813.12 (2m), 813.122 (3) (a), or 813.125 (4) (a) 2. may surrender his or her firearm to another person if all of the following apply:

SB381,12,19 1. The respondent and the person to whom the respondent is surrendering his or her firearm appear at the injunction hearing under s. 813.12 (4), 813.122 (5), or 813.125 (4), whichever is appropriate.

SB381,12,21 2. At the injunction hearing, the person submits an affidavit confirming receipt of the firearms listed on the respondent's firearm possession form.

SB381,12,23 3. At the injunction hearing, the court is satisfied that the person is not prohibited from possessing a firearm.

SB381,12,25 4. The court informs the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4).

SB381,13,1 5. The court approves the surrender of the firearm.

SB381,13,5 (c) In accordance with sub. (6), the respondent surrenders his or her firearm to a sheriff no later than 48 hours after the injunction hearing ordering the respondent to surrender his or her firearm and the sheriff's department transmits a certified copy of receipt to the court under sub. (6) (b).

SB381,13,10 (4) Hearing to surrender firearms. (a) Unless the court dismisses under sub. (2) (c) 1. or (3) (a) the hearing to surrender firearms, a respondent for whom a hearing to surrender firearms has been scheduled under sub. (2) (c) 2. or under s. 813.12 (2m), 813.122 (3) (a), or 813.125 (4) (a) 2. must attend the hearing to surrender firearms if any of the following applies:

SB381,13,12 1. The respondent did not appear at the injunction hearing under s. 813.12 (4), 813.122 (5), or 813.125 (4), whichever is appropriate.

SB381,13,15 2. The respondent wants to surrender his or her firearm to a person who did not appear at the injunction hearing under s. 813.12 (4), 813.122 (5), or 813.125 (4), whichever is appropriate.

SB381,13,17 (b) The court shall issue an arrest warrant for a respondent who fails to attend the hearing to surrender firearms if he or she is required under par. (a) to attend.

SB381,13,22 (c) At the hearing to surrender firearms, the court shall ensure that the respondent has completed a firearm possession form, shall verify the information provided on the firearms possession form if the information was not already verified under sub. (2) (a), shall make an inquiry on the record as to the contents of the firearm possession form, and shall do one of the following:

SB381,13,24 1. If the respondent wants to surrender his or her firearms to a person who is not the sheriff, permit the surrender if all of the following apply:

SB381,14,2 a. The respondent and the person to whom the respondent is surrendering his or her firearm appear at the hearing to surrender firearms.

SB381,14,4 b. At the hearing, the person submits an affidavit confirming receipt of the firearms listed on the respondent's firearm possession form.

SB381,14,6 c. At the hearing, the court is satisfied that the person is not prohibited from possessing a firearm.

SB381,14,8 d. The court informs the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4).

SB381,14,9 e. The court approves the surrender of the firearm.

SB381,14,11 2. Order the respondent to surrender any firearm on the respondent's firearm possession form to a sheriff in accordance with sub. (6) within 48 hours.

SB381,14,13 (d) If the respondent fails to comply with the order under par. (c) 2. the court shall issue a warrant for the respondent's arrest.

SB381,14,17 (5) Firearm possession form. The clerk of court or the director of state courts shall develop a firearm possession form. Any information provided on the form by the respondent is subject to a penalty of false swearing under s. 946.32. The firearm possession form shall do all of the following:

SB381,14,18 (a) Require the respondent to list his or her name and address.

SB381,14,19 (b) Include space for the respondent's signature and date signed.

SB381,14,24 (c) Require the respondent to indicate whether he or she owns or possesses any firearm or has owned or possessed any firearm in the 6 months immediately preceding the issuance of the injunction, and, if the answer is yes, to list the quantity and the make and model of each firearm and to note whether the firearm was sold or surrendered and whether he or she has a receipt for the firearm sale or surrender.

SB381,14,25 (d) Give notice of the penalty for false swearing under s. 946.32.

SB381,15,1 (6) Surrender of firearm to sheriff.

SB381,15,8 (e) 2. If an injunction expires and is not extended, or an injunction is vacated, a sheriff may charge the respondent for any costs incurred 30 days after the injunction expires for storage of the firearm surrendered to the sheriff due to that injunction. A sheriff may dispose of a firearm surrendered to the sheriff due to that injunction 12 months after the injunction expires or is vacated and, if the sheriff disposes of the firearm, the sheriff may charge the respondent for the costs of disposal.

SB381,15,9 (7) Return of firearm.

SB381, s. 28 Section 28. 938.25 (6) of the statutes is amended to read:

SB381,15,19 938.25 (6) Temporary restraining order and injunction. If a proceeding is brought under s. 938.13, any party to or any governmental or social agency involved in the proceeding may petition the court to issue a temporary restraining order and injunction as provided in s. 813.122 or 813.125. The court shall follow the procedure under s. 813.122 or 813.125 except that the court may combine hearings authorized under s. 813.122 or 813.125 and this chapter, the petitioner for the temporary restraining order and injunction is not subject to the limitations under s. 813.122 (2) or 813.125 (2) (a) and no fee is required regarding the filing of the petition under s. 813.122 or 813.125.

SB381, s. 29 Section 29. Initial applicability.

SB381,15,22 (1) This act first applies to a petition filed on the effective date of this subsection.

SB381,15,23 (End)