AB395: Bill Text

AB395,13,25 (c) The director of state courts shall develop a petition for the return of firearms in substantially the following form:

AB395,14,1 STATE OF WISCONSIN

AB395,14,2 IN CIRCUIT COURT FOR .... COUNTY

AB395,14,3 Petition to Return Firearm(s)

AB395,14,5 In re the Return of Firearms to (name of person required to surrender firearms in an action under s. 813.124)

AB395,14,7 Requesting person's information: date of birth, sex, race, height, weight, hair color, eye color, address, and phone number.

AB395,14,8 Under oath I state that:

AB395,14,10 1. The court issued a temporary restraining order or injunction against me on (date of order or injunction).

AB395,14,13 2. The court ordered me to surrender any firearms I had in my possession, and I surrendered the firearms to the sheriff of this county or the sheriff of the county in which I resided, which is (name of county).

AB395,14,15 3. I surrendered the following firearms as provided in item 2 and have attached a receipt from the sheriff.

AB395,14,17 4. The temporary restraining order or injunction has (been vacated) (expired and has not been extended).

AB395,14,19 5. I (have) (have not) been convicted of a misdemeanor crime of domestic violence.

AB395,14,20 6. I (have) (have not) been convicted of a felony.

AB395,14,23 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 court commissioner is competent to grant relief.

AB395,15,3 I request that the court enter an order directing that the sheriff named under item 2 return to me those firearms that were surrendered under the order of the court.

AB395,15,4 Subscribed and sworn to before me on (date)

AB395,15,5 (Signature of person requesting return of firearms)

AB395,15,6 (Signature of notary public, state of Wisconsin)

AB395,15,7 My commission expires on (date)

AB395,15,8 Dated this .... day of ...., .... (year)

AB395,15,9 Distribution:

AB395,15,11 1. Court - original 2. Petitioner in action under s. 813.124 3. Sheriff to whom firearm(s) were surrendered

AB395,9 Section 9. 813.126 of the statutes is amended to read:

AB395,15,23 813.126 New hearing. If a party seeks to have the judge conduct a hearing de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125, including a denial of a request for a temporary restraining order, the motion requesting the hearing must be filed with the court within 30 days after the circuit court commissioner issued the determination, order, or ruling. The court shall hold the de novo hearing within 30 days after the motion requesting the hearing is filed with the court unless the court finds good cause for an extension. Any determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in the de novo hearing issues his or her final determination, order, or ruling.

AB395,10 Section 10. 813.127 of the statutes is amended to read:

AB395,16,6 813.127 Combined actions; domestic abuse, child abuse and harassment. A petitioner may combine in one action 2 or more petitions under one or more of the provisions in ss. 813.12, 813.122, 813.124, and 813.125 if the respondent is the same person in each petition. In any such action, there is only one fee applicable under s. 814.61 (1) (a). In any such action, the hearings for different types of temporary restraining orders or injunctions may be combined.

AB395,11 Section 11. 813.128 (1) (a) of the statutes is amended to read:

AB395,16,12 813.128 (1) (a) A foreign protection order or modification of the foreign protection order that meets the requirements under s. 806.247 (2) has the same effect as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that the foreign protection order or modification shall be enforced according to its own terms.

AB395,12 Section 12. 941.29 (1) (f) of the statutes is amended to read:

AB395,16,20 941.29 (1) (f) Enjoined under an injunction issued under s. 813.12 or, 813.122, or 813.124, ordered not to possess a firearm under a temporary restraining order issued under s. 813.124, or enjoined under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under this section and that has been filed under s. 806.247 (3).

AB395,13 Section 13. 941.29 (2) (e) of the statutes is amended to read:

AB395,16,23 941.29 (2) (e) The person possesses a firearm while the injunction or temporary restraining order, as specified in sub. (1) (f), is in effect.

AB395,16,24 (End)