AB395,6,2221 c. Any recent threat of violence or act of violence by the respondent directed
22toward himself or herself or another person.
AB395,6,2523 d. Any pattern of violent acts or violent threats by the respondent within the
24past 12 months, including threats of violence or acts of violence directed toward
25himself or herself or another person.
AB395,7,2
13. The judge or circuit court commissioner may base the finding under subd.
21. on any factors in addition to those under subd. 2., including any of the following:
AB395,7,43 a. Any unlawful or reckless use, display, or brandishing of a firearm by the
4respondent.
AB395,7,65 b. The respondent's history of use, attempted use, or threatened use of physical
6force against another person.
AB395,7,77 c. A prior arrest of the respondent for a felony.
AB395,7,88 d. Evidence that the respondent has abused controlled substances or alcohol.
AB395,7,109 e. Evidence that the respondent has recently acquired firearms, ammunition,
10or other dangerous weapons.
AB395,7,1111 (am) The order issued under par. (a) requires one of the following:
AB395,7,1712 1. If the respondent is present at the hearing, the respondent to immediately
13surrender all firearms that he or she has in his or her possession to the sheriff of the
14county in which the action under this section was commenced or to the sheriff of the
15county in which the respondent resides. The sheriff to whom the firearms are
16surrendered may, at the request of the respondent, arrange for the sale of the
17firearms to a firearms dealer.
AB395,7,1818 2. One of the following:
AB395,7,2319 a. If the respondent is not present at the hearing and the sheriff personally
20serves the respondent with the order issued under par. (a), the sheriff to request the
21respondent to immediately surrender all firearms in his or her possession. The
22sheriff may, at the request of the respondent, arrange for the sale of the firearms to
23a firearms dealer.
AB395,8,524 b. If the respondent is not present at the hearing and the sheriff does not
25personally serve the respondent with the order issued under par. (a), the respondent

1to, within 24 hours of service, surrender all firearms in his or her possession to the
2sheriff or sell all firearms in his or her possession to a firearms dealer. Within 48
3hours of service, the respondent shall file with the court that issued the order under
4par. (a) a receipt from the sheriff or firearms dealer indicating that the respondent
5surrendered the firearms.
AB395,8,96 (an) If the respondent does not comply with par. (am) and a law enforcement
7officer has probable cause to believe that the respondent possesses a firearm, the law
8enforcement officer shall request a search warrant to seize the firearms and may use
9information contained in the petition to establish probable cause.
AB395,8,1210 (b) Notice need not be given to the respondent before issuing a temporary
11restraining order under this subsection. A temporary restraining order may be
12entered only against the respondent named in the petition.
AB395,8,2113 (c) A temporary restraining order issued under this subsection is in effect until
14a hearing is held on issuance of an injunction under sub. (4). A judge or circuit court
15commissioner shall hold a hearing on issuance of an injunction under sub. (4) within
1614 days after the temporary restraining order is issued, unless the time is extended
17once for up to 14 days upon the written consent of the parties or upon a finding that
18the respondent has not been served with a copy of the temporary restraining order
19although the petitioner has exercised due diligence. A judge or court commissioner
20may not extend the temporary restraining order in lieu of ruling on the issuance of
21an injunction.
AB395,9,222 (d) The judge or circuit court commissioner shall advise the petitioner of the
23right to serve the respondent the petition by published notice if with due diligence
24the respondent cannot be served as provided under s. 801.11 (1) (a) or (b). The clerk

1of the circuit court shall assist the petitioner with the preparation of the notice and
2filing of the affidavit of printing.
AB395,9,6 3(4) Injunction. (a) A judge may grant an injunction prohibiting the respondent
4from possessing a firearm and, if the respondent was not subject to a temporary
5restraining order under sub. (3), ordering the respondent to surrender his or her
6firearms if all of the following occur:
AB395,9,87 1. The petitioner files a petition alleging the elements set forth under sub. (5)
8(a).
AB395,9,129 2. The petitioner serves upon the respondent a copy or summary of the petition
10and notice of the time for hearing on the issuance of the injunction, or the respondent
11serves upon the petitioner notice of the time for hearing on the issuance of the
12injunction.
AB395,9,1513 3. The judge finds reasonable grounds to believe that the respondent is
14substantially likely to injure himself or herself or another person if the respondent
15possesses a firearm.
AB395,9,1716 4. The judge or circuit court commissioner shall base the finding under subd.
173. on the following:
AB395,9,1818 a. Any testimony.
AB395,9,1919 b. The petition.
AB395,9,2120 c. Any recent threat of violence or act of violence by the respondent directed
21toward himself or herself or another person.
AB395,9,2422 d. Any pattern of violent acts or violent threats by the respondent within the
23past 12 months, including threats of violence or acts of violence directed toward
24himself or herself or another person.
AB395,10,2
15. The judge or circuit court commissioner may base the finding under subd.
23. on any factors in addition to those under subd. 4., including any of the following:
AB395,10,43 a. Any unlawful or reckless use, display, or brandishing of a firearm by the
4respondent.
AB395,10,65 b. The respondent's history of use, attempted use, or threatened use of physical
6force against another person.
AB395,10,77 c. A prior arrest of the respondent for a felony.
AB395,10,88 d. Evidence that the respondent has abused controlled substances or alcohol.
AB395,10,109 e. Evidence that the respondent has recently acquired firearms, ammunition,
10or other dangerous weapons.
AB395,10,1211 (b) The judge may enter an injunction only against the respondent named in
12the petition.
AB395,10,1413 (c) 1. An injunction under this subsection is effective for one year unless a judge
14vacates the injunction under par. (d).
AB395,10,1915 2. When an injunction expires, the court shall extend the injunction, upon
16petition filed up to 3 months before the expiration of the injunction, for one year if
17the judge finds reasonable grounds to believe that the respondent is substantially
18likely to injure himself or herself or another person if the respondent possesses a
19firearm.
AB395,10,2520 (d) A respondent who is subject to an injunction under this subsection may
21request a judge to vacate the injunction one time during the initial injunction period
22and one time during each extended injunction period. The judge shall vacate the
23order if the judge does not find reasonable grounds to believe that the respondent is
24substantially likely to injure himself or herself or another person if the respondent
25possesses a firearm.
AB395,11,2
1(e) An injunction issued under this subsection shall inform the respondent
2named in the petition of the requirements and penalties under s. 941.29.
AB395,11,3 3(5) Petition. (a) The petition shall allege facts sufficient to show the following:
AB395,11,54 1. The name of the petitioner and, unless the petitioner is a law enforcement
5officer, his or her relationship to the respondent.
AB395,11,66 2. The name of the respondent.
AB395,11,87 3. That the respondent is substantially likely to injure himself or herself or
8another person if the respondent possesses a firearm.
AB395,11,129 4. The name of at least one adult who has personal knowledge of the conduct
10of the respondent, who is not the petitioner, and who is able to testify that the
11respondent is substantially likely to injure himself or herself or another person if the
12respondent possesses a firearm.
AB395,11,1413 5. If the petitioner knows, the number, types, and locations of any firearms that
14the respondent possesses.
AB395,11,1615 (b) The clerk of the circuit court shall provide simplified forms to help a person
16file a petition.
AB395,11,1917 (c) Only a law enforcement officer or a spouse, sibling, parent, child, or current
18or recent household member of the respondent may prepare and file a petition under
19this section.
AB395,12,2 20(6) Enforcement assistance. (a) 1. If an injunction is issued, extended, or
21vacated under sub. (4), the clerk of the circuit court shall notify the department of
22justice of the action and shall provide the department of justice with information
23concerning the period during which the injunction is in effect or the date on which
24the injunction is vacated and with information necessary to identify the respondent
25for purposes of responding to a request under s. 165.63 or for purposes of a firearms

1restrictions record search under s. 175.35 (2g) (c) or a background check under s.
2175.60 (9g) (a).
AB395,12,63 2. Except as provided in subd. 3., the department of justice may disclose
4information that it receives under subd. 1. only to respond to a request under s.
5165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or
6a background check under s. 175.60 (9g) (a).
AB395,12,97 3. The department of justice shall disclose any information that it receives
8under subd. 1. to a law enforcement agency when the information is needed for law
9enforcement purposes.
AB395,12,1410 (b) Within one business day after an order or injunction is issued, extended, or
11vacated under this section, the clerk of the circuit court shall send a copy of the order
12or injunction, or of the order extending or vacating an order or injunction, to the
13sheriff or to any other local law enforcement agency which is the central repository
14for orders and injunctions and which has jurisdiction over the petitioner's premises.
AB395,12,2315 (c) No later than 24 hours after receiving the information under par. (b), the
16sheriff or other appropriate local law enforcement agency under par. (b) shall enter
17the information concerning an order or injunction issued, extended, or vacated under
18this section into the transaction information for management of enforcement system.
19The sheriff or other appropriate local law enforcement agency shall also make
20available to other law enforcement agencies, through a verification system,
21information on the existence and status of any order or injunction issued under this
22section. The information need not be maintained after the order or injunction is no
23longer in effect.
AB395,13,2 24(7) Penalty. Whoever files a petition under this section for a temporary
25restraining order or injunction knowing the information in the petition to be false or

1with the intent to harass shall be fined not more than $10,000 or imprisoned for not
2more than 9 months or both.
AB395,13,6 3(8) Return of firearms and form. (a) A firearm surrendered under this section
4may not be returned to the respondent until the respondent completes a petition for
5the return of firearms under par. (c) and a judge or circuit court commissioner
6determines all of the following:
AB395,13,87 1. That the temporary restraining order or injunction has been vacated or has
8expired and not been extended.
AB395,13,139 2. That the person is not prohibited from possessing a firearm under any state
10or federal law or by the order of any federal court or state court, other than an order
11from which the judge or circuit court commissioner is competent to grant relief. The
12court or commissioner shall use the information provided under s. 165.63 to aid in
13making the determination under this subdivision.
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
23(4).
AB395,13,2524 (c) The director of state courts shall develop a petition for the return of firearms
25in substantially the following form:
AB395,14,1
1STATE OF WISCONSIN
AB395,14,22 IN CIRCUIT COURT FOR .... COUNTY
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
19violence.
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.
AB395,15,3
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
3court.
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:
AB395,16,6
1813.127 Combined actions; domestic abuse, child abuse and
2harassment.
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
12terms.
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)
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