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.
SB605-SSA1,31 16Section 31. Initial applicability.
SB605-SSA1,19,1817 (1) This act first applies to a petition filed on the effective date of this
18subsection.
SB605-SSA1,32 19Section 32. Effective date.
SB605-SSA1,19,2120 (1) This act takes effect on the first day of the 7th month beginning after
21publication.
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