AB948,24,1716
813.1285
(3) (a) 3. b. The sheriff determines that the person is not prohibited
17from possessing a firearm
or firearm ammunition.
AB948,94
18Section
94. 813.1285 (4) (title) of the statutes is amended to read:
AB948,24,1919
813.1285
(4) (title)
Hearing to surrender firearms and firearm ammunition.
AB948,95
20Section
95. 813.1285 (4) (a) of the statutes is amended to read:
AB948,24,2521
813.1285
(4) (a) Unless the court dismisses the hearing to surrender firearms
22and firearm ammunition, a respondent for whom a hearing to surrender firearms
23and firearm ammunition has been scheduled must attend the hearing. If the
24respondent fails to attend the hearing to surrender firearms
and firearm
25ammunition, the court shall issue an arrest warrant for the respondent.
AB948,96
1Section
96. 813.1285 (4) (b) (intro.) of the statutes is amended to read:
AB948,25,92
813.1285
(4) (b) (intro.) At the hearing to surrender firearms
and firearm
3ammunition, the court shall stay the injunction for a period not to exceed 48 hours,
4shall extend the temporary restraining order for 48 hours, shall ensure that the
5respondent has completed a firearm
and firearm ammunition possession form and
6verify the information provided on the firearm
and firearm ammunition possession
7form if the information was not already verified under sub. (2) (a), shall make an
8inquiry on the record as to the contents of the firearm
and firearm ammunition 9possession form, and shall do one of the following:
AB948,97
10Section
97. 813.1285 (4) (b) 1. (intro.) of the statutes is amended to read:
AB948,25,1811
813.1285
(4) (b) 1. (intro.) If the respondent wants to surrender his or her
12firearms
and firearm ammunition to a person who is not the sheriff and who appears
13at the hearing to surrender firearms
and firearm ammunition, and if the court, after
14considering all relevant factors and input from the petitioner, approves the
15surrender and informs the person to whom the firearms
and firearm ammunition are
16surrendered of the requirements and penalties under s. 941.29 (4), order the
17respondent to surrender his or her firearms
and firearm ammunition in one of the
18following ways:
AB948,98
19Section
98. 813.1285 (4) (b) 1. a. of the statutes is amended to read:
AB948,25,2420
813.1285
(4) (b) 1. a. To the person, after the person testifies under oath that
21he or she has received the firearms
and firearm ammunition listed on the
22respondent's firearm
and firearm ammunition possession form and after the court
23determines that the person is not prohibited from possessing a firearm
or firearm
24ammunition.
AB948,99
25Section
99. 813.1285 (4) (b) 1. b. of the statutes is amended to read:
AB948,26,3
1813.1285
(4) (b) 1. b. To the sheriff, who shall transfer the firearms
and firearm
2ammunition to the person after determining that the person is not prohibited from
3possessing a firearm
or firearm ammunition.
AB948,100
4Section
100. 813.1285 (4) (b) 1m. of the statutes is amended to read:
AB948,26,85
813.1285
(4) (b) 1m. If the respondent claims to have surrendered his or her
6firearms
and firearm ammunition to the sheriff in accordance with sub. (6), verify
7that the respondent has surrendered all such firearms
and firearm ammunition, lift
8the stay of the injunction, and dismiss the temporary restraining order.
AB948,101
9Section
101. 813.1285 (4) (b) 2. (intro.) of the statutes is amended to read:
AB948,26,1610
813.1285
(4) (b) 2. (intro.) Order the respondent to surrender any firearm
and
11firearm ammunition that the court finds the respondent owns or possesses to a
12sheriff in accordance with sub. (6). If the respondent has not provided to the court,
13within 48 hours of the hearing to surrender firearms
and firearm ammunition, a
14receipt as specified in sub. (6) (b) that shows surrender of all of the firearms
and
15firearm ammunition that were subject to the order, the court shall presume the
16respondent is violating the order and the injunction and may do any of the following:
AB948,102
17Section
102. 813.1285 (4) (b) 2. b. of the statutes is amended to read:
AB948,26,1918
813.1285
(4) (b) 2. b. Schedule another hearing to surrender firearms
and
19firearm ammunition.
AB948,103
20Section
103. 813.1285 (4) (b) 3. a. of the statutes is amended to read:
AB948,26,2321
813.1285
(4) (b) 3. a. If, under subd. 1. b. or 2., the court orders the respondent
22to surrender his or her firearms
and firearm ammunition to the sheriff, the court
23shall issue a surrender and extend order.
AB948,104
24Section
104. 813.1285 (4) (b) 3. b. of the statutes is amended to read:
AB948,27,4
1813.1285
(4) (b) 3. b. If, under subd. 1. a., the court orders the respondent to
2surrender his or her firearms
and firearm ammunition to a person who is not the
3sheriff, the court shall lift any stay of the injunction and dismiss the temporary
4restraining order.
AB948,105
5Section
105. 813.1285 (4) (b) 4. of the statutes is amended to read:
AB948,27,116
813.1285
(4) (b) 4. If the firearm
and firearm ammunition possession form
7indicates that the respondent does not possess a firearm
and firearm ammunition,
8and the court, after an inquiry, is satisfied that the respondent does not possess a
9firearm
or firearm ammunition, the court shall file the firearm
and firearm
10ammunition possession form, lift any stay of the injunction, and dismiss the
11temporary restraining order.
AB948,106
12Section
106. 813.1285 (5) (title) of the statutes is amended to read:
AB948,27,1413
813.1285
(5) (title)
Firearm and firearm ammunition possession form and
14petition for the return of firearms and firearm ammunition.
AB948,107
15Section
107. 813.1285 (5) (a) (intro.) of the statutes is amended to read:
AB948,27,2016
813.1285
(5) (a) (intro.) The director of state courts shall develop a firearm
and
17firearm ammunition possession form. Any false information provided on the form
18by the respondent may be subject to a penalty of false swearing under s. 946.32. The
19director of state courts shall ensure that the firearm
and firearm ammunition 20possession form does all of the following:
AB948,108
21Section
108. 813.1285 (5) (a) 3. of the statutes is amended to read:
AB948,28,322
813.1285
(5) (a) 3. Requires the respondent to indicate whether he or she owns
23or possesses any firearm
or firearm ammunition or has owned or possessed any
24firearm
or firearm ammunition in the 6 months immediately preceding the issuance
25of the injunction, and, if the answer is yes, to list the quantity
of firearm ammunition
1and the
quantity and make and model of each firearm and to note whether the
2firearm
or firearm ammunition was sold or surrendered and whether he or she has
3a receipt for the
firearm sale or surrender.
AB948,109
4Section
109. 813.1285 (5) (b) of the statutes is amended to read:
AB948,28,65
813.1285
(5) (b) The director of state courts shall develop a petition for the
6return of firearms
and firearm ammunition in substantially the following form:
AB948,28,77
STATE OF WISCONSIN
AB948,28,88
IN CIRCUIT COURT FOR .... COUNTY
AB948,28,99
Petition to Return Firearm(s)
and Firearm Ammunition
AB948,28,1110
In re the Return of Firearms
and Firearm Ammunition to (name of person
11required to surrender firearms
or firearm ammunition in an injunction action)
AB948,28,1312
Requesting person's information: date of birth, sex, race, height, weight, hair
13color, eye color, address, and phone number.
AB948,28,1414
Under oath I state that:
AB948,28,1615
1. The court issued an injunction against me on (date of injunction). The
16injunction was issued based on a:
AB948,28,1717
Domestic Abuse petition.
AB948,28,1818
Child Abuse petition.
AB948,28,1919
Harassment petition.
AB948,28,2020
Adult-at-risk petition.
AB948,28,2221
2. The court ordered me to surrender any firearms
and firearm ammunition I
22owned or had in my possession to:
AB948,28,2323
the sheriff of this county.
AB948,28,2424
the sheriff of the county in which I resided, which is (name of county).
AB948,28,2525
to the following person (whether directly or indirectly through a sheriff):
AB948,29,63
3. I surrendered the following firearms
and firearm ammunition as provided
4in item 2 and have attached a receipt from the sheriff or from the 3rd person (if the
5person did not provide a receipt, attach a description of the firearm(s)
and firearm
6ammunition):
AB948,29,77
4. The injunction has (been vacated) (expired and has not been extended).
AB948,29,98
5. I (have) (have not) been convicted of a misdemeanor crime of domestic
9violence.
AB948,29,1010
6. I (have) (have not) been convicted of a felony.
AB948,29,1411
7. I am not prohibited from possessing a firearm
or firearm ammunition under
12any state or federal law or by the order of any federal court or state court, other than
13an order from which a judge or family court commissioner is competent to grant
14relief.
AB948,29,1715
I request that the court enter an order directing that the person named under
16item 2 return to me those firearms
and firearm ammunition that were surrendered
17under the order of the court.
AB948,29,1818
Subscribed and sworn to before me on (date)
AB948,29,1919
(Signature of person requesting return of firearms
and firearm ammunition)
AB948,29,2020
(Signature of notary public, state of Wisconsin)
AB948,29,2121
My commission expires on (date)
AB948,29,2222
Dated this .... day of ...., .... (year)
AB948,29,2323
Distribution:
AB948,29,2524
1. Court - original 2. Petitioner in injunction action 3. Person to whom
25firearm(s)
and firearm ammunition were surrendered
AB948,110
1Section
110. 813.1285 (6) (title) of the statutes is amended to read:
AB948,30,22
813.1285
(6) (title)
Surrender of firearm
and firearm ammunition to sheriff.
AB948,111
3Section
111. 813.1285 (6) (a) of the statutes is amended to read:
AB948,30,114
813.1285
(6) (a) When a respondent surrenders a firearm
or firearm
5ammunition under sub. (3) (a) 2. or (4) (b) 2. to a sheriff, the sheriff who is receiving
6the firearm
or firearm ammunition shall prepare a receipt for each firearm
and any
7firearm ammunition surrendered to him or her. The receipt shall include the date
8on which the firearm
or firearm ammunition was surrendered and the manufacturer,
9model, and serial number of the firearm surrendered to the sheriff and shall be
10signed by the respondent and by the sheriff to whom the firearm
or firearm
11ammunition is surrendered.
AB948,112
12Section
112. 813.1285 (6) (b) of the statutes is amended to read:
AB948,30,1913
813.1285
(6) (b) The sheriff shall keep the original of a receipt prepared under
14par. (a) and shall provide 2 copies of the receipt to the respondent. The respondent
15shall provide one copy of the receipt to the clerk of courts within 48 hours of the order
16to surrender firearms
and firearm ammunition. When the firearm
and firearm
17ammunition covered by the receipt is returned to the respondent under sub. (7), the
18sheriff shall surrender to the respondent the original receipt and all of his or her
19copies of the receipt.
AB948,113
20Section
113. 813.1285 (6) (c) of the statutes is amended to read:
AB948,30,2421
813.1285
(6) (c) A receipt prepared under par. (a) is conclusive proof that the
22respondent owns the firearm
or firearm ammunition for purposes of returning the
23firearm
and firearm ammunition covered by the receipt to the respondent under sub.
24(7).
AB948,114
25Section
114. 813.1285 (6) (e) 1. of the statutes is amended to read:
AB948,31,6
1813.1285
(6) (e) 1. A sheriff may store a firearm
and firearm ammunition 2surrendered to him or her under sub. (3) (a) 2. or (4) (b) 2. in a warehouse that is
3operated by a public warehouse keeper licensed under ch. 99. If a sheriff stores a
4firearm
and firearm ammunition at a warehouse under this subdivision, the
5respondent shall pay the costs charged by the warehouse for storing that firearm
and
6firearm ammunition.
AB948,115
7Section
115. 813.1285 (6) (e) 2. of the statutes is amended to read:
AB948,31,158
813.1285
(6) (e) 2. If an injunction expires and is not extended, or an injunction
9is vacated, a sheriff may charge the respondent for any costs incurred 30 days after
10the injunction expires for storage of the firearm
and firearm ammunition 11surrendered to the sheriff due to that injunction. A sheriff may dispose of a firearm
12and firearm ammunition surrendered to the sheriff due to that injunction 12 months
13after the injunction expires or is vacated and, if the sheriff disposes of the firearm
14and firearm ammunition, the sheriff may charge the respondent for the costs of
15disposal.
AB948,116
16Section
116. 813.1285 (7) (title) of the statutes is amended to read:
AB948,31,1717
813.1285
(7) (title)
Return of firearm
and firearm ammunition.
AB948,117
18Section
117. 813.1285 (7) (a) (intro.) of the statutes is amended to read:
AB948,31,2219
813.1285
(7) (a) (intro.) A firearm
or firearm ammunition surrendered under
20this section may not be returned to the respondent until the respondent completes
21a petition for the return of firearms
or firearm ammunition and a judge or circuit
22court commissioner determines all of the following:
AB948,118
23Section
118. 813.1285 (7) (a) 2. of the statutes is amended to read:
AB948,32,424
813.1285
(7) (a) 2. That the person is not prohibited from possessing a firearm
25or firearm ammunition under any state or federal law or by the order of any federal
1court or state court, other than an order from which the judge or circuit court
2commissioner is competent to grant relief. The court or commissioner shall use the
3information provided under s. 165.63 to aid in making the determination under this
4subdivision.
AB948,119
5Section
119. 813.1285 (7) (b) of the statutes is amended to read:
AB948,32,176
813.1285
(7) (b) If a respondent surrenders a firearm
or firearm ammunition 7under this section that is owned by a person other than the respondent, the person
8who owns the firearm
or firearm ammunition may apply for its return to the circuit
9court for the county in which the person to whom the firearm
or firearm ammunition 10was surrendered is located. The court shall order such notice as it considers
11adequate to be given to all persons who have or may have an interest in the firearm
12or firearm ammunition and shall hold a hearing to hear all claims to its true
13ownership. If the right to possession is proved to the court's satisfaction, it shall
14order the firearm
or firearm ammunition returned. If the court returns a firearm
or
15firearm ammunition under this paragraph, the court shall inform the person to
16whom the firearm
or firearm ammunition is returned of the requirements and
17penalties under s. 941.29 (4).
AB948,120
18Section
120. 938.341 (title) of the statutes is amended to read:
AB948,32,20
19938.341 (title)
Delinquency adjudication; restriction on firearm and
20firearm ammunition possession.
AB948,121
21Section
121. 941.29 (title) of the statutes is amended to read:
AB948,32,22
22941.29 (title)
Possession of a firearm
or firearm ammunition.
AB948,122
23Section
122. 941.29 (2m) of the statutes is created to read:
AB948,32,2524
941.29
(2m) A person who possesses firearm ammunition is guilty of a Class
25I felony if any of the following applies: