AB395,13,2314 (b) If a respondent surrenders under this section a firearm that is owned by a
15person other than the respondent, the person who owns the firearm may apply for
16its return to the circuit court for the county in which the person to whom the firearm
17was surrendered is located. The court shall order such notice as it considers
18adequate to be given to all persons who have or may have an interest in the firearm
19and shall hold a hearing to hear all claims to its true ownership. If the right to
20possession is proved to the court's satisfaction, it shall order the firearm returned.
21If the court returns a firearm under this paragraph, the court shall inform the person
22to whom the firearm is returned of the requirements and penalties under s. 941.29
AB395,13,2524 (c) The director of state courts shall develop a petition for the return of firearms
25in substantially the following form:
AB395,14,33 Petition to Return Firearm(s)
AB395,14,54 In re the Return of Firearms to (name of person required to surrender firearms
5in an action under s. 813.124)
AB395,14,76 Requesting person's information: date of birth, sex, race, height, weight, hair
7color, eye color, address, and phone number.
AB395,14,88 Under oath I state that:
AB395,14,109 1. The court issued a temporary restraining order or injunction against me on
10(date of order or injunction).
AB395,14,1311 2. The court ordered me to surrender any firearms I had in my possession, and
12I surrendered the firearms to the sheriff of this county or the sheriff of the county in
13which I resided, which is (name of county).
AB395,14,1514 3. I surrendered the following firearms as provided in item 2 and have attached
15a receipt from the sheriff.
AB395,14,1716 4. The temporary restraining order or injunction has (been vacated) (expired
17and has not been extended).
AB395,14,1918 5. I (have) (have not) been convicted of a misdemeanor crime of domestic
AB395,14,2020 6. I (have) (have not) been convicted of a felony.
AB395,14,2321 7. I am not prohibited from possessing a firearm under any state or federal law
22or by the order of any federal court or state court, other than an order from which a
23judge or court commissioner is competent to grant relief.
1I request that the court enter an order directing that the sheriff named under
2item 2 return to me those firearms that were surrendered under the order of the
AB395,15,44 Subscribed and sworn to before me on (date)
AB395,15,55 (Signature of person requesting return of firearms)
AB395,15,66 (Signature of notary public, state of Wisconsin)
AB395,15,77 My commission expires on (date)
AB395,15,88 Dated this .... day of ...., .... (year)
AB395,15,99 Distribution:
AB395,15,1110 1. Court - original 2. Petitioner in action under s. 813.124 3. Sheriff to whom
11firearm(s) were surrendered
AB395,9 12Section 9. 813.126 of the statutes is amended to read:
AB395,15,23 13813.126 New hearing. If a party seeks to have the judge conduct a hearing
14de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court
15commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125,
16including a denial of a request for a temporary restraining order, the motion
17requesting the hearing must be filed with the court within 30 days after the circuit
18court commissioner issued the determination, order, or ruling. The court shall hold
19the de novo hearing within 30 days after the motion requesting the hearing is filed
20with the court unless the court finds good cause for an extension. Any determination,
21order, or ruling entered by a court commissioner in an action under s. 813.12,
22813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in the de novo
23hearing issues his or her final determination, order, or ruling.
AB395,10 24Section 10. 813.127 of the statutes is amended to read:
1813.127 Combined actions; domestic abuse, child abuse and
A petitioner may combine in one action 2 or more petitions under one
3or more of the provisions in ss. 813.12, 813.122, 813.124, and 813.125 if the
4respondent is the same person in each petition. In any such action, there is only one
5fee applicable under s. 814.61 (1) (a). In any such action, the hearings for different
6types of temporary restraining orders or injunctions may be combined.
AB395,11 7Section 11. 813.128 (1) (a) of the statutes is amended to read:
AB395,16,128 813.128 (1) (a) A foreign protection order or modification of the foreign
9protection order that meets the requirements under s. 806.247 (2) has the same effect
10as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that
11the foreign protection order or modification shall be enforced according to its own
AB395,12 13Section 12. 941.29 (1) (f) of the statutes is amended to read:
AB395,16,2014 941.29 (1) (f) Enjoined under an injunction issued under s. 813.12 or, 813.122,
15or 813.124, ordered not to possess a firearm under a temporary restraining order
16issued under s. 813.124,
or enjoined under a tribal injunction, as defined in s. 813.12
17(1) (e), issued by a court established by any federally recognized Wisconsin Indian
18tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice
19to the respondent that he or she is subject to the requirements and penalties under
20this section and that has been filed under s. 806.247 (3).
AB395,13 21Section 13. 941.29 (2) (e) of the statutes is amended to read:
AB395,16,2322 941.29 (2) (e) The person possesses a firearm while the injunction or temporary
23restraining order
, as specified in sub. (1) (f), is in effect.
AB395,16,2424 (End)