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:
AB948,33,1
1(a) The person has been convicted of a felony in this state.
AB948,33,32
(b) The person has been convicted of a crime elsewhere that would be a felony
3if committed in this state.
AB948,33,54
(bm) The person has been adjudicated delinquent for an act committed on or
5after April 21, 1994, that if committed by an adult in this state would be a felony.
AB948,33,76
(c) The person has been found not guilty of a felony in this state by reason of
7mental disease or defect.
AB948,33,108
(d) The person has been found not guilty of or not responsible for a crime
9elsewhere that would be a felony in this state by reason of insanity or mental disease,
10defect or illness.
AB948,33,1311
(e) The person has been committed for treatment under s. 51.20 (13) (a) and is
12subject to an order not to possess firearm ammunition under s. 51.20 (13) (cv) 1., 2007
13stats.
AB948,33,1514
(em) The person is subject to an order not to possess firearm ammunition under
15s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).
AB948,33,2116
(f) The person is subject to an injunction issued under s. 813.12 or 813.122 or
17under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established
18by any federally recognized Wisconsin Indian tribe or band, except the Menominee
19Indian tribe of Wisconsin, that includes notice to the respondent that he or she is
20subject to the requirements and penalties under this section and that has been filed
21under s. 806.247 (3).
AB948,33,2322
(g) The person is subject to an order not to possess firearm ammunition under
23s. 813.123 (5m) or 813.125 (4m).
AB948,124
1Section
124. 941.29 (3) (b) of the statutes is created to read:
AB948,34,32
941.29
(3) (b) Any firearm ammunition involved in an offense under this
3section is subject to s. 968.20 (3).
AB948,126
6Section
126. 941.29 (4) (b) of the statutes is created to read:
AB948,34,97
941.29
(4) (b) A person is concerned with the commission of a crime, as specified
8in s. 939.05 (2) (b), in violation of this section if he or she knowingly furnishes a person
9with firearm ammunition in violation of this section.
AB948,34,1512
941.29
(4m) (a) (intro.) The court shall impose
, on a person convicted under
13sub. (1m), a bifurcated sentence under s. 973.01 and the confinement portion of the
14bifurcated sentence imposed on the person shall be not less than 3 years if all of the
15following are true:
AB948,34,1918
941.29
(5) (intro.) This section does not apply to any person specified in sub.
19(1m)
or (2m) who:
AB948,34,2422
941.29
(5) (a) Has received a pardon with respect to the crime or felony specified
23in sub. (1m)
, (2m), or (4m) and has been expressly authorized to possess a firearm
24or firearm ammunition under 18 USC app. 1203; or
AB948,130
25Section
130. 941.29 (6) of the statutes is amended to read:
AB948,35,6
1941.29
(6) The prohibition against
firearm possession
of a firearm or of firearm
2ammunition under this section does not apply to any correctional officer employed
3before May 1, 1982, who is required to possess a firearm
or firearm ammunition as
4a condition of employment. This exemption applies if the officer is eligible to possess
5a firearm
or firearm ammunition under any federal law and applies while the officer
6is acting in an official capacity.
AB948,35,139
941.29
(8) This section does not apply to any person specified in sub. (1m) (bm)
10or (2m) (bm) if a court subsequently determines that the person is not likely to act
11in a manner dangerous to public safety. In any action or proceeding regarding this
12determination, the person has the burden of proving by a preponderance of the
13evidence that he or she is not likely to act in a manner dangerous to public safety.
AB948,35,2016
941.29
(9) (b) This section does not apply to a person specified in sub. (1m) (em)
17or (2m) (em) if the order under s. 51.20 (13) (cv) 1. is canceled under s. 51.20 (13) (cv)
181m. c., if the order under s. 51.45 (13) (i) 1. is canceled under s. 51.45 (13) (i) 2. c., if
19the order under s. 54.10 (3) (f) 1. is canceled under s. 54.10 (3) (f) 2. c., or if the order
20under s. 55.12 (10) (a) is canceled under s. 55.12 (10) (b) 3.
AB948,35,2523
941.29
(10) (intro.) The prohibition against
firearm possession
of a firearm or
24of firearm ammunition under this section does not apply to a person specified in sub.
25(1m) (f)
or (2m) (f) if the person satisfies any of the following:
AB948,134
1Section
134. 941.29 (10) (a) of the statutes is amended to read:
AB948,36,62
941.29
(10) (a) The person is a peace officer and the person possesses a firearm
3or firearm ammunition while in the line of duty or, if required to do so as a condition
4of employment, while off duty. Notwithstanding s. 939.22 (22), for purposes of this
5paragraph, peace officer does not include a commission warden who is not a
6state-certified commission warden.
AB948,135
7Section
135. 941.29 (10) (b) of the statutes is amended to read:
AB948,36,108
941.29
(10) (b) The person is a member of the U.S. armed forces or national
9guard and the person possesses a firearm
or firearm ammunition while in the line
10of duty.
AB948,136
11Section
136. 968.20 (1r) (b) of the statutes is amended to read:
AB948,36,1512
968.20
(1r) (b) If the seized property is a firearm
or is firearm ammunition 13ordered seized under s. 51.20 (13) (cv) 1., the court that issued that order shall order
14the firearm
and firearm ammunition returned if the order under s. 51.20 (13) (cv) 1.
15is canceled under s. 51.20 (13) (cv) 1m. c.
AB948,137
16Section
137. 968.20 (1r) (c) of the statutes is amended to read:
AB948,36,2017
968.20
(1r) (c) If the seized property is a firearm
or is firearm ammunition 18ordered seized under s. 51.45 (13) (i) 1., the court that issued that order shall order
19the firearm
and firearm ammunition returned if the order under s. 51.45 (13) (i) 1.
20is canceled under s. 51.45 (13) (i) 2. c.
AB948,138
21Section
138. 968.20 (1r) (d) of the statutes is amended to read:
AB948,36,2522
968.20
(1r) (d) If the seized property is a firearm
or is firearm ammunition 23ordered seized under s. 54.10 (3) (f) 1., the court that issued that order shall order
24the firearm
and firearm ammunition returned if the order under s. 54.10 (3) (f) 1. is
25canceled under s. 54.10 (3) (f) 2. c.
AB948,139
1Section
139. 968.20 (1r) (e) of the statutes is amended to read:
AB948,37,52
968.20
(1r) (e) If the seized property is a firearm
or is firearm ammunition 3ordered seized under s. 55.12 (10) (a), the court that issued that order shall order the
4firearm
and firearm ammunition returned if the order under s. 55.12 (10) (a) is
5canceled under s. 55.12 (10) (b) 3.
AB948,140
6Section
140. 971.17 (1g) of the statutes is amended to read:
AB948,37,107
971.17
(1g) Notice of restriction on firearm and firearm ammunition
8possession. If the defendant under sub. (1) is found not guilty of a felony by reason
9of mental disease or defect, the court shall inform the defendant of the requirements
10and penalties under s. 941.29.
AB948,37,1613
973.176
(1) Firearm and firearm ammunition possession. Whenever a court
14imposes a sentence or places a defendant on probation regarding a felony conviction,
15the court shall inform the defendant of the requirements and penalties applicable to
16him or her under s. 941.29 (1m)
, (2m), or (4m).