SB381: Bill Text

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)