SB605: Bill Text

SB605,8 Section 8. 813.12 (4m) (b) of the statutes is renumbered 813.1285 (7) (a), and 813.1285 (7) (a) (intro.) and 1., as renumbered, are amended to read:

SB605,6,2 813.1285 (7) (a) (intro.) A firearm surrendered under par. (a) 2. this section may not be returned to the respondent until the respondent completes a petition for the return of firearms and a judge or circuit court commissioner determines all of the following:

SB605,6,5 1. That the injunction issued under sub. (4) s. 813.12 (4), 813.122 (5), or 813.125 (4), whichever required the surrender of the firearm, has been vacated or has expired and not been extended.

SB605,9 Section 9. 813.12 (4m) (c) of the statutes is renumbered 813.1285 (7) (b) and amended to read:

SB605,6,17 813.1285 (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).

SB605,10 Section 10. 813.122 (2) of the statutes is renumbered 813.122 (2) (a).

SB605,11 Section 11. 813.122 (2) (b) of the statutes is created to read:

SB605,6,22 813.122 (2) (b) When the respondent is served with the petition under this subsection, the person who serves the respondent shall also provide the respondent with all of the following information:

SB605,6,24 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.

SB605,7,3 2. An explanation of s. 813.1285, including the procedures for surrendering a firearm and the circumstances listed under s. 813.1285 under which a respondent must appear at a hearing to surrender firearms.

SB605,7,5 3. A firearm possession form developed under s. 813.1285 (5), with instructions for completing and returning the form.

SB605,12 Section 12. 813.122 (5m) (a) 1. of the statutes is amended to read:

SB605,7,9 813.122 (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.

SB605,13 Section 13. 813.122 (5m) (a) 2. of the statutes is amended to read:

SB605,7,22 813.122 (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. 813.1285.

SB605,14 Section 14. 813.122 (5m) (am) of the statutes is repealed.

SB605,15 Section 15. 813.122 (5m) (aw) of the statutes is repealed.

SB605,16 Section 16. 813.122 (5m) (b) and (c) of the statutes are repealed.

SB605,17 Section 17. 813.125 (4) (a) 2. of the statutes is amended to read:

SB605,8,9 813.125 (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 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 person who serves the respondent with the order or notice shall also provide the respondent with all of the following information:

SB605,18 Section 18. 813.125 (4) (a) 2. a., b. and c. of the statutes are created to read:

SB605,8,12 813.125 (4) (a) 2. 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.

SB605,8,15 b. An explanation of s. 813.1285, including the procedures for surrendering a firearm and the circumstances listed under s. 813.1285 under which a respondent must appear at a hearing to surrender firearms.

SB605,8,17 c. A firearm possession form developed under s. 813.1285 (5), with instructions for completing and returning the form.

SB605,19 Section 19. 813.125 (4m) (c) 1. of the statutes is amended to read:

SB605,8,21 813.125 (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.

SB605,20 Section 20. 813.125 (4m) (c) 2. of the statutes is amended to read:

SB605,9,9 813.125 (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. 813.1285.

SB605,21 Section 21. 813.125 (4m) (cm) of the statutes is repealed.

SB605,22 Section 22. 813.125 (4m) (cw) of the statutes is repealed.

SB605,23 Section 23. 813.125 (4m) (d) and (e) of the statutes are repealed.

SB605,24 Section 24. 813.125 (6) (c) of the statutes is amended to read:

SB605,9,19 813.125 (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) 2. a., b., and c. 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.

SB605,25 Section 25. 813.1285 of the statutes is created to read:

SB605,9,22 813.1285 Notice and process for firearm surrender. (1) Definitions. In this section:

SB605,9,23 (a) "Firearm possession form" means the form developed under sub. (5) (a).

SB605,9,25 (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).

SB605,10,2 (c) "Petition for the return of firearms" means a petition developed under sub. (5) (b).

SB605,10,5 (d) "Respondent" means the individual who is the subject of an injunction issued under s. 813.12 (4) or 813.122 (5), or, if the court has required the individual to surrender his or her firearms under s. 813.125 (4m), under s. 813.125 (4).

SB605,10,10 (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.

SB605,10,17 (b) If the respondent is not present at the injunction hearing, the court shall provide the petitioner with an opportunity to inform the court orally or in writing whether he or she believes that the respondent possesses a firearm. If the petitioner informs the court that the respondent possesses a firearm, the court shall request the petitioner to inform the court orally or in writing 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.

SB605,10,21 (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.

SB605,11,2 2. If the firearm possession form submitted to the court under par. (a) indicates the respondent possesses a firearm, if the petitioner indicates under par. (b) 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. The court may schedule a hearing to surrender firearms for any other reason relevant to the surrender of firearms.

SB605,11,7 (3) Surrender of firearms. Unless the court has noted another reason that is relevant to the surrender of firearms that would require the hearing to surrender firearms to occur, the court shall dismiss the hearing to surrender firearms scheduled under sub. (2) (c) 2. if the respondent surrenders his or her firearm in one of the following manners:

SB605,11,9 (a) The respondent surrenders his or her firearm to another person and all of the following apply:

SB605,11,12 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.

SB605,11,14 2. At the injunction hearing, the person testifies under oath that the person has received the firearms listed on the respondent's firearm possession form.

SB605,11,16 3. At the injunction hearing, the court determines that the person is not prohibited from possessing a firearm.

SB605,11,18 4. The court informs the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4).

SB605,11,20 5. The court, after considering all relevant factors and any input from the petitioner, approves the surrender of the firearm.

SB605,11,24 (b) 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 provides a copy of the receipt to the clerk of courts as provided in sub. (6) (b).

SB605,12,5 (4) Hearing to surrender firearms. (a) Unless the court dismisses the hearing to surrender firearms, a respondent for whom a hearing to surrender firearms has been scheduled must attend the hearing. If the respondent fails to attend the hearing to surrender firearms, the court shall issue an arrest warrant for the respondent and shall proceed under ch. 785 against him or her for contempt of court.

SB605,12,10 (b) 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 firearm 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:

SB605,12,12 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:

SB605,12,14 a. The respondent and the person to whom the respondent is surrendering his or her firearm appear at the hearing to surrender firearms.

SB605,12,16 b. At the hearing to surrender firearms, the person testifies under oath that the person has received the firearms listed on the respondent's firearm possession form.

SB605,12,18 c. At the hearing to surrender firearms, the court determines that the person is not prohibited from possessing a firearm.

SB605,12,20 d. The court informs the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4).

SB605,12,22 e. The court, after considering all relevant factors and any input from the petitioner, approves the surrender of the firearm.

SB605,13,2 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. If the respondent fails to comply with the order, the court shall issue a warrant for the respondent's arrest and shall proceed under ch. 785 against him or her for contempt of court.

SB605,13,7 (5) Firearm possession form and petition for the return of firearms. (a) The director of state courts shall develop a firearm possession form. Any false information provided on the form by the respondent may be subject to a penalty of false swearing under s. 946.32. The director of state courts shall ensure that the firearm possession form does all of the following:

SB605,13,8 1. Requires the respondent to list his or her name and address.

SB605,13,9 2. Includes space for the respondent's signature and date signed.

SB605,13,14 3. Requires 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.

SB605,13,15 4. Gives notice of the penalty for false swearing under s. 946.32.

SB605,13,17 (b) The director of state courts shall develop a petition for the return of firearms in substantially the following form:

SB605,13,18 STATE OF WISCONSIN

SB605,13,19 IN CIRCUIT COURT FOR .... COUNTY

SB605,13,20 Petition to Return Firearm(s)

SB605,13,22 In re the Return of Firearms to (name of person required to surrender firearms in an injunction action)

SB605,13,24 Requesting person's information: date of birth, sex, race, height, weight, hair color, eye color, address, and phone number.

SB605,13,25 Under oath I state that:

SB605,14,2 1. The court issued an injunction against me on (date of injunction). The injunction was issued based on a:

SB605,14,3 Domestic Abuse petition.

SB605,14,4 Child Abuse petition.

SB605,14,5 Harassment petition.

SB605,14,7 2. The court ordered me to surrender any firearms I owned or had in my possession to:

SB605,14,8 the sheriff of this county.

SB605,14,9 the sheriff of the county in which I resided, which is (name of county).

SB605,14,10 to the following person:

SB605,14,11 name:

SB605,14,12 address:

SB605,14,15 3. I surrendered the following firearms as provided in item 2. and have attached a receipt from the sheriff or from the third person (if the person did not provide a receipt, attach a description of the firearm(s)):

SB605,14,16 4. The injunction has (been vacated) (expired and has not been extended).

SB605,14,18 5. I (have) (have not) been convicted of a misdemeanor crime of domestic violence.

SB605,14,19 6. I (have) (have not) been convicted of a felony.

SB605,14,22 7. I am 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 a judge or family court commissioner is competent to grant relief.

SB605,14,25 I request that the court enter an order directing that the person named under item 2. return to me those firearms that were surrendered under the order of the court.

SB605,15,1 Subscribed and sworn to before me on (date)