AB948,11,1310
175.35
(2k) (g) If a search conducted under sub. (2g) indicates that the
11transferee is prohibited from possessing a firearm
or firearm ammunition under s.
12941.29, the attorney general or his or her designee may disclose to a law enforcement
13agency that the transferee has attempted to obtain a handgun.
AB948,31
14Section
31. 175.60 (3) (c) of the statutes is amended to read:
AB948,11,1615
175.60
(3) (c) The individual is prohibited from possessing a firearm
or firearm
16ammunition under s. 941.29.
AB948,32
17Section
32. 175.60 (9g) (a) 2. of the statutes is amended to read:
AB948,12,1118
175.60
(9g) (a) 2. The department shall conduct a criminal history record
19search and shall search its records and conduct a search in the national instant
20criminal background check system to determine whether the applicant is prohibited
21from possessing a firearm
or firearm ammunition under federal law; whether the
22applicant is prohibited from possessing a firearm
or firearm ammunition under s.
23941.29; whether the applicant is prohibited from possessing a firearm
or firearm
24ammunition under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been
25ordered not to possess a firearm
or firearm ammunition under s. 51.20 (13) (cv) 1.,
151.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to
2an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12
3(1) (e), issued by a court established by any federally recognized Wisconsin Indian
4tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice
5to the respondent that he or she is subject to the requirements and penalties under
6s. 941.29 and that has been filed with the circuit court under s. 806.247 (3); and
7whether the applicant is prohibited from possessing a firearm
or firearm
8ammunition under s. 813.123 (5m) or 813.125 (4m); and to determine if the court has
9prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c)
10or 969.03 (1) (c) and if the applicant is prohibited from possessing a dangerous
11weapon as a condition of release under s. 969.01.
AB948,12,1614
175.60
(11) (a) 2. f. The individual becomes subject to an injunction described
15in s. 941.29 (1m) (f)
or (2m) (f) or is ordered not to possess a firearm
or firearm
16ammunition under s. 813.123 (5m) or 813.125 (4m).
AB948,34
17Section
34. 175.60 (11) (a) 2. h. of the statutes is amended to read:
AB948,12,2018
175.60
(11) (a) 2. h. A court has ordered the individual not to possess a firearm
19or firearm ammunition under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or
2055.12 (10) (a).
AB948,35
21Section
35. 813.12 (2) (c) 2. of the statutes is amended to read:
AB948,12,2522
813.12
(2) (c) 2. An explanation of s. 813.1285, including the procedures for
23surrendering a firearm
and firearm ammunition and the circumstances listed under
24s. 813.1285 under which a respondent must appear at a hearing to surrender
25firearms
and firearm ammunition.
AB948,36
1Section
36. 813.12 (2) (c) 3. of the statutes is amended to read:
AB948,13,32
813.12
(2) (c) 3. A firearm
and firearm ammunition possession form developed
3under s. 813.1285 (5) (a), with instructions for completing and returning the form.
AB948,37
4Section
37. 813.12 (4m) (title) of the statutes is amended to read:
AB948,13,65
813.12
(4m) (title)
Notice of restriction on firearm and firearm ammunition
6possession; surrender of firearms and firearm ammunition
.
AB948,38
7Section
38. 813.12 (4m) (a) 2. of the statutes is amended to read:
AB948,13,138
813.12
(4m) (a) 2. Except as provided in par. (ag), require in writing the
9respondent to surrender any firearms
and firearm ammunition that he or she owns
10or has in his or her possession to the sheriff of the county in which the action under
11this section was commenced, to the sheriff of the county in which the respondent
12resides or to another person designated by the respondent and approved by the judge
13or circuit court commissioner, in accordance with s. 813.1285.
AB948,39
14Section
39. 813.12 (4m) (ag) of the statutes is amended to read:
AB948,13,1815
813.12
(4m) (ag) If the respondent is a peace officer, an injunction issued under
16sub. (4) may not require the respondent to surrender a firearm
or firearm
17ammunition that he or she is required, as a condition of employment, to possess
18whether or not he or she is on duty.
AB948,40
19Section
40. 813.122 (2) (b) 2. of the statutes is amended to read:
AB948,13,2320
813.122
(2) (b) 2. An explanation of s. 813.1285, including the procedures for
21surrendering a firearm
and firearm ammunition and the circumstances listed under
22s. 813.1285 under which a respondent must appear at a hearing to surrender
23firearms
and firearm ammunition.
AB948,41
24Section
41. 813.122 (2) (b) 3. of the statutes is amended to read:
AB948,14,2
1813.122
(2) (b) 3. A firearm
and firearm ammunition possession form developed
2under s. 813.1285 (5) (a), with instructions for completing and returning the form.
AB948,42
3Section
42. 813.122 (5m) (title) of the statutes is amended to read:
AB948,14,54
813.122
(5m) (title)
Notice of restriction on firearm and firearm ammunition
5possession; surrender of firearms and firearm ammunition
.
AB948,43
6Section
43. 813.122 (5m) (a) 2. of the statutes is amended to read:
AB948,14,127
813.122
(5m) (a) 2. Except as provided in par. (ag), require in writing the
8respondent to surrender any firearms
and firearm ammunition that he or she owns
9or has in his or her possession to the sheriff of the county in which the action under
10this section was commenced, to the sheriff of the county in which the respondent
11resides or to another person designated by the respondent and approved by the judge
12or circuit court commissioner, in accordance with s. 813.1285.
AB948,44
13Section
44. 813.122 (5m) (ag) of the statutes is amended to read:
AB948,14,1714
813.122
(5m) (ag) If the respondent is a peace officer, an injunction issued
15under sub. (5) may not require the respondent to surrender a firearm
or firearm
16ammunition that he or she is required, as a condition of employment, to possess
17whether or not he or she is on duty.
AB948,45
18Section
45. 813.123 (5) (a) 2. (intro.) of the statutes is amended to read:
AB948,15,219
813.123
(5) (a) 2. (intro.) The petitioner serves upon the respondent a copy of
20the petition and notice of the time for hearing on the issuance of the injunction, or
21the respondent serves upon the petitioner notice of the time for hearing on the
22issuance of the injunction. The notice served under this subdivision shall inform the
23respondent that, if the judge or circuit court commissioner issues an injunction, the
24judge or circuit court commissioner may also order the respondent not to possess a
25firearm
or firearm ammunition while the injunction is in effect. The person who
1serves the respondent with the notice shall also provide the respondent with all of
2the following information:
AB948,46
3Section
46. 813.123 (5) (a) 2. b. of the statutes is amended to read:
AB948,15,74
813.123
(5) (a) 2. b. An explanation of s. 813.1285, including the procedures for
5surrendering a firearm
and firearm ammunition and the circumstances listed under
6s. 813.1285 under which a respondent must appear at a hearing to surrender
7firearms
and firearm ammunition.
AB948,47
8Section
47. 813.123 (5) (a) 2. c. of the statutes is amended to read:
AB948,15,119
813.123
(5) (a) 2. c. A firearm
and firearm ammunition possession form
10developed under s. 813.1285 (5) (a), with instructions for completing and returning
11the form.
AB948,48
12Section
48. 813.123 (5m) (title) of the statutes is amended to read:
AB948,15,1413
813.123
(5m) (title)
Restriction on firearm and firearm ammunition
14possession; surrender of firearms and firearm ammunition
.
AB948,49
15Section
49. 813.123 (5m) (a) of the statutes is amended to read:
AB948,15,2116
813.123
(5m) (a) If a judge or circuit court commissioner issues an injunction
17under sub. (5) and the judge or circuit court commissioner determines, based on clear
18and convincing evidence presented at the hearing on the issuance of the injunction,
19that the respondent may use a firearm to cause physical harm to another or to
20endanger public safety, the judge or circuit court commissioner may prohibit the
21respondent from possessing a firearm
or firearm ammunition.
AB948,50
22Section
50. 813.123 (5m) (b) of the statutes is amended to read:
AB948,15,2523
813.123
(5m) (b) An order prohibiting a respondent from possessing a firearm
24or firearm ammunition issued under par. (a) remains in effect until the expiration
25of the injunction issued under sub. (5).
AB948,51
1Section
51. 813.123 (5m) (c) (intro.) of the statutes is amended to read:
AB948,16,42
813.123
(5m) (c) (intro.) An order issued under par. (a) that prohibits a
3respondent from possessing a firearm
or firearm ammunition shall do all of the
4following:
AB948,52
5Section
52. 813.123 (5m) (c) 2. of the statutes is amended to read:
AB948,16,116
813.123
(5m) (c) 2. Except as provided in par. (d), require in writing the
7respondent to surrender any firearms
and firearm ammunition that he or she owns
8or has in his or her possession to the sheriff of the county in which the action under
9this section was commenced, to the sheriff of the county in which the respondent
10resides, or to another person designated by the respondent and approved by the judge
11or circuit court commissioner, in accordance with s. 813.1285.
AB948,53
12Section
53. 813.123 (5m) (d) of the statutes is amended to read:
AB948,16,1613
813.123
(5m) (d) If the respondent is a peace officer, an order issued under par.
14(a) may not require the respondent to surrender a firearm
or firearm ammunition 15that he or she is required, as a condition of employment, to possess whether or not
16he or she is on duty.
AB948,54
17Section
54. 813.123 (8m) (a) of the statutes is amended to read:
AB948,16,2518
813.123
(8m) (a) If an order prohibiting a respondent from possessing a firearm
19or firearm ammunition is issued under sub. (5m), the clerk of the circuit court shall
20notify the department of justice of the existence of the order prohibiting a respondent
21from possessing a firearm
or firearm ammunition and shall provide the department
22of justice with information concerning the period during which the order is in effect
23and information necessary to identify the respondent for purposes of responding to
24a request under s. 165.63 or for purposes of a firearms restrictions record search
25under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
AB948,55
1Section
55. 813.125 (4) (a) 2. (intro.) of the statutes is amended to read:
AB948,17,102
813.125
(4) (a) 2. (intro.) The petitioner serves upon the respondent a copy of
3a restraining order obtained under sub. (3) and notice of the time for the hearing on
4the issuance of the injunction under sub. (3) (c). The restraining order or notice of
5hearing served under this subdivision shall inform the respondent that, if the judge
6or circuit court commissioner issues an injunction, the judge or circuit court
7commissioner may also order the respondent not to possess a firearm
or firearm
8ammunition while the injunction is in effect. The person who serves the respondent
9with the order or notice shall also provide the respondent with all of the following
10information:
AB948,56
11Section
56. 813.125 (4) (a) 2. b. of the statutes is amended to read:
AB948,17,1512
813.125
(4) (a) 2. b. An explanation of s. 813.1285, including the procedures for
13surrendering a firearm
and firearm ammunition and the circumstances listed under
14s. 813.1285 under which a respondent must appear at a hearing to surrender
15firearms
and firearm ammunition.
AB948,57
16Section
57. 813.125 (4) (a) 2. c. of the statutes is amended to read:
AB948,17,1917
813.125
(4) (a) 2. c. A firearm
and firearm ammunition possession form
18developed under s. 813.1285 (5) (a), with instructions for completing and returning
19the form.
AB948,58
20Section
58. 813.125 (4m) (title) of the statutes is amended to read:
AB948,17,2221
813.125
(4m) (title)
Restriction on firearm and firearm ammunition
22possession; surrender of firearms and firearm ammunition
.
AB948,59
23Section
59. 813.125 (4m) (a) of the statutes is amended to read:
AB948,18,424
813.125
(4m) (a) If a judge or circuit court commissioner issues an injunction
25under sub. (4) and the judge or circuit court commissioner determines, based on clear
1and convincing evidence presented at the hearing on the issuance of the injunction,
2that the respondent may use a firearm to cause physical harm to another or to
3endanger public safety, the judge or circuit court commissioner may prohibit the
4respondent from possessing a firearm
or firearm ammunition.
AB948,60
5Section
60. 813.125 (4m) (b) of the statutes is amended to read:
AB948,18,86
813.125
(4m) (b) An order prohibiting a respondent from possessing a firearm
7or firearm ammunition issued under par. (a) remains in effect until the expiration
8of the injunction issued under sub. (4).
AB948,61
9Section
61. 813.125 (4m) (c) (intro.) of the statutes is amended to read:
AB948,18,1210
813.125
(4m) (c) (intro.) An order issued under par. (a) that prohibits a
11respondent from possessing a firearm
or firearm ammunition shall do all of the
12following:
AB948,62
13Section
62. 813.125 (4m) (c) 2. of the statutes is amended to read:
AB948,18,1914
813.125
(4m) (c) 2. Except as provided in par. (cg), require in writing the
15respondent to surrender any firearms
and firearm ammunition that he or she owns
16or has in his or her possession to the sheriff of the county in which the action under
17this section was commenced, to the sheriff of the county in which the respondent
18resides or to another person designated by the respondent and approved by the judge
19or circuit court commissioner, in accordance with s. 813.1285.
AB948,63
20Section
63. 813.125 (4m) (cg) of the statutes is amended to read:
AB948,18,2421
813.125
(4m) (cg) If the respondent is a peace officer, an order issued under par.
22(a) may not require the respondent to surrender a firearm
or firearm ammunition 23that he or she is required, as a condition of employment, to possess whether or not
24he or she is on duty.
AB948,64
25Section
64. 813.125 (5) (am) of the statutes is amended to read:
AB948,19,4
1813.125
(5) (am) The petition shall inform the respondent that, if the judge or
2circuit court commissioner issues an injunction, the judge or circuit court
3commissioner may also order the respondent not to possess a firearm
or firearm
4ammunition while the injunction is in effect.
AB948,65
5Section
65. 813.125 (5r) (a) of the statutes is amended to read:
AB948,19,136
813.125
(5r) (a) If an order prohibiting a respondent from possessing a firearm
7or firearm ammunition is issued under sub. (4m), the clerk of the circuit court shall
8notify the department of justice of the existence of the order prohibiting a respondent
9from possessing a firearm
or firearm ammunition and shall provide the department
10of justice with information concerning the period during which the order is in effect
11and information necessary to identify the respondent for purposes of responding to
12a request under s. 165.63 or for purposes of a firearms restrictions record search
13under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
AB948,66
14Section
66. 813.1285 (title) of the statutes is amended to read:
AB948,19,16
15813.1285 (title)
Notice and process for firearm and firearm ammunition 16surrender.
AB948,67
17Section
67. 813.1285 (1) (a) of the statutes is amended to read:
AB948,19,1918
813.1285
(1) (a) "Firearm
and firearm ammunition possession form" means the
19form developed under sub. (5) (a).
AB948,68
20Section
68. 813.1285 (1) (am) of the statutes is amended to read:
AB948,20,221
813.1285
(1) (am) "Injunction" means an injunction issued under s. 813.12 (4)
22or 813.122 (5); an injunction issued under s. 813.123 if the court has required the
23individual to surrender his or her firearms
and firearm ammunition under s. 813.123
24(5m); or an injunction issued under s. 813.125 if the court has required the individual
1to surrender his or her firearms
and firearm ammunition under s. 813.125 (4m).
2"Injunction" includes an injunction that has been stayed under this section.
AB948,69
3Section
69. 813.1285 (1) (c) of the statutes is amended to read:
AB948,20,54
813.1285
(1) (c) "Petition for the return of firearms
and firearm ammunition"
5means a petition developed under sub. (5) (b).
AB948,70
6Section
70. 813.1285 (1g) (a) of the statutes is amended to read:
AB948,20,97
813.1285
(1g) (a) Order the respondent to surrender, within a period that is no
8longer than 48 hours, any firearm
and firearm ammunition that he or she owns or
9possesses to the sheriff or, in the court's discretion, to another person.
AB948,71
10Section
71. 813.1285 (1g) (b) of the statutes is amended to read:
AB948,20,1211
813.1285
(1g) (b) Order that the respondent may possess or transport a firearm
12or firearm ammunition only for the purpose of complying with par. (a).
AB948,72
13Section
72. 813.1285 (1g) (c) of the statutes is amended to read:
AB948,20,1714
813.1285
(1g) (c) If the court stays an injunction, order the respondent subject
15to a temporary restraining order during the stay of the injunction and extend the
16temporary restraining order for a period of 48 hours for the purpose of firearm
and
17firearm ammunition surrender.
AB948,73
18Section
73. 813.1285 (1g) (d) of the statutes is amended to read:
AB948,20,2119
813.1285
(1g) (d) Inform the respondent when the injunction will take effect
20and the penalty for possessing a firearm
or firearm ammunition while the injunction
21is in effect.
AB948,74
22Section
74. 813.1285 (1g) (e) of the statutes is amended to read:
AB948,20,2423
813.1285
(1g) (e) Instruct the respondent how to surrender any firearm
and
24firearm ammunition.