AB948: Bill Text

AB948,32 Section 32. 175.60 (9g) (a) 2. of the statutes is amended to read:

AB948,12,11 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm or firearm ammunition under federal law; whether the applicant is prohibited from possessing a firearm or firearm ammunition under s. 941.29; whether the applicant is prohibited from possessing a firearm or firearm ammunition under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered not to possess a firearm or firearm ammunition under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or 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 s. 941.29 and that has been filed with the circuit court under s. 806.247 (3); and whether the applicant is prohibited from possessing a firearm or firearm ammunition under s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

AB948,33 Section 33. 175.60 (11) (a) 2. f. of the statutes, as affected by 2015 Wisconsin Act 109, is amended to read:

AB948,12,16 175.60 (11) (a) 2. f. The individual becomes subject to an injunction described in s. 941.29 (1m) (f) or (2m) (f) or is ordered not to possess a firearm or firearm ammunition under s. 813.123 (5m) or 813.125 (4m).

AB948,34 Section 34. 175.60 (11) (a) 2. h. of the statutes is amended to read:

AB948,12,20 175.60 (11) (a) 2. h. A court has ordered the individual not to possess a firearm or firearm ammunition under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).

AB948,35 Section 35. 813.12 (2) (c) 2. of the statutes is amended to read:

AB948,12,25 813.12 (2) (c) 2. An explanation of s. 813.1285, including the procedures for surrendering a firearm and firearm ammunition and the circumstances listed under s. 813.1285 under which a respondent must appear at a hearing to surrender firearms and firearm ammunition.

AB948,36 Section 36. 813.12 (2) (c) 3. of the statutes is amended to read:

AB948,13,3 813.12 (2) (c) 3. A firearm and firearm ammunition possession form developed under s. 813.1285 (5) (a), with instructions for completing and returning the form.

AB948,37 Section 37. 813.12 (4m) (title) of the statutes is amended to read:

AB948,13,6 813.12 (4m) (title) Notice of restriction on firearm and firearm ammunition possession; surrender of firearms and firearm ammunition .

AB948,38 Section 38. 813.12 (4m) (a) 2. of the statutes is amended to read:

AB948,13,13 813.12 (4m) (a) 2. Except as provided in par. (ag), require in writing the respondent to surrender any firearms and firearm ammunition that he or she owns or has in his or her possession to the sheriff of the county in which the action under this section was commenced, to the sheriff of the county in which the respondent resides or to another person designated by the respondent and approved by the judge or circuit court commissioner, in accordance with s. 813.1285.

AB948,39 Section 39. 813.12 (4m) (ag) of the statutes is amended to read:

AB948,13,18 813.12 (4m) (ag) If the respondent is a peace officer, an injunction issued under sub. (4) may not require the respondent to surrender a firearm or firearm ammunition that he or she is required, as a condition of employment, to possess whether or not he or she is on duty.

AB948,40 Section 40. 813.122 (2) (b) 2. of the statutes is amended to read:

AB948,13,23 813.122 (2) (b) 2. An explanation of s. 813.1285, including the procedures for surrendering a firearm and firearm ammunition and the circumstances listed under s. 813.1285 under which a respondent must appear at a hearing to surrender firearms and firearm ammunition.

AB948,41 Section 41. 813.122 (2) (b) 3. of the statutes is amended to read:

AB948,14,2 813.122 (2) (b) 3. A firearm and firearm ammunition possession form developed under s. 813.1285 (5) (a), with instructions for completing and returning the form.

AB948,42 Section 42. 813.122 (5m) (title) of the statutes is amended to read:

AB948,14,5 813.122 (5m) (title) Notice of restriction on firearm and firearm ammunition possession; surrender of firearms and firearm ammunition .

AB948,43 Section 43. 813.122 (5m) (a) 2. of the statutes is amended to read:

AB948,14,12 813.122 (5m) (a) 2. Except as provided in par. (ag), require in writing the respondent to surrender any firearms and firearm ammunition that he or she owns or has in his or her possession to the sheriff of the county in which the action under this section was commenced, to the sheriff of the county in which the respondent resides or to another person designated by the respondent and approved by the judge or circuit court commissioner, in accordance with s. 813.1285.

AB948,44 Section 44. 813.122 (5m) (ag) of the statutes is amended to read:

AB948,14,17 813.122 (5m) (ag) If the respondent is a peace officer, an injunction issued under sub. (5) may not require the respondent to surrender a firearm or firearm ammunition that he or she is required, as a condition of employment, to possess whether or not he or she is on duty.

AB948,45 Section 45. 813.123 (5) (a) 2. (intro.) of the statutes is amended to read:

AB948,15,2 813.123 (5) (a) 2. (intro.) The petitioner serves upon the respondent a copy of the petition and notice of the time for hearing on the issuance of the injunction, or the respondent serves upon the petitioner notice of the time for hearing on the issuance of the injunction. The notice served under this subdivision shall inform the respondent that, if the judge or circuit court commissioner issues an injunction, the judge or circuit court commissioner may also order the respondent not to possess a firearm or firearm ammunition while the injunction is in effect. The person who serves the respondent with the notice shall also provide the respondent with all of the following information:

AB948,46 Section 46. 813.123 (5) (a) 2. b. of the statutes is amended to read:

AB948,15,7 813.123 (5) (a) 2. b. An explanation of s. 813.1285, including the procedures for surrendering a firearm and firearm ammunition and the circumstances listed under s. 813.1285 under which a respondent must appear at a hearing to surrender firearms and firearm ammunition.

AB948,47 Section 47. 813.123 (5) (a) 2. c. of the statutes is amended to read:

AB948,15,11 813.123 (5) (a) 2. c. A firearm and firearm ammunition possession form developed under s. 813.1285 (5) (a), with instructions for completing and returning the form.

AB948,48 Section 48. 813.123 (5m) (title) of the statutes is amended to read:

AB948,15,14 813.123 (5m) (title) Restriction on firearm and firearm ammunition possession; surrender of firearms and firearm ammunition .

AB948,49 Section 49. 813.123 (5m) (a) of the statutes is amended to read:

AB948,15,21 813.123 (5m) (a) If a judge or circuit court commissioner issues an injunction under sub. (5) and the judge or circuit court commissioner determines, based on clear and convincing evidence presented at the hearing on the issuance of the injunction, that the respondent may use a firearm to cause physical harm to another or to endanger public safety, the judge or circuit court commissioner may prohibit the respondent from possessing a firearm or firearm ammunition.

AB948,50 Section 50. 813.123 (5m) (b) of the statutes is amended to read:

AB948,15,25 813.123 (5m) (b) An order prohibiting a respondent from possessing a firearm or firearm ammunition issued under par. (a) remains in effect until the expiration of the injunction issued under sub. (5).

AB948,51 Section 51. 813.123 (5m) (c) (intro.) of the statutes is amended to read:

AB948,16,4 813.123 (5m) (c) (intro.) An order issued under par. (a) that prohibits a respondent from possessing a firearm or firearm ammunition shall do all of the following:

AB948,52 Section 52. 813.123 (5m) (c) 2. of the statutes is amended to read:

AB948,16,11 813.123 (5m) (c) 2. Except as provided in par. (d), require in writing the respondent to surrender any firearms and firearm ammunition that he or she owns or has in his or her possession to the sheriff of the county in which the action under this section was commenced, to the sheriff of the county in which the respondent resides, or to another person designated by the respondent and approved by the judge or circuit court commissioner, in accordance with s. 813.1285.

AB948,53 Section 53. 813.123 (5m) (d) of the statutes is amended to read:

AB948,16,16 813.123 (5m) (d) If the respondent is a peace officer, an order issued under par. (a) may not require the respondent to surrender a firearm or firearm ammunition that he or she is required, as a condition of employment, to possess whether or not he or she is on duty.

AB948,54 Section 54. 813.123 (8m) (a) of the statutes is amended to read:

AB948,16,25 813.123 (8m) (a) If an order prohibiting a respondent from possessing a firearm or firearm ammunition is issued under sub. (5m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm or firearm ammunition and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of responding to a request under s. 165.63 or for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB948,55 Section 55. 813.125 (4) (a) 2. (intro.) of the statutes is amended to read:

AB948,17,10 813.125 (4) (a) 2. (intro.) The petitioner serves upon the respondent a copy of a restraining order obtained under sub. (3) and notice of the time for the hearing on the issuance of the injunction under sub. (3) (c). The restraining order or notice of hearing served under this subdivision shall inform the respondent that, if the judge or circuit court commissioner issues an injunction, the judge or circuit court commissioner may also order the respondent not to possess a firearm or firearm ammunition while the injunction is in effect. The person who serves the respondent with the order or notice shall also provide the respondent with all of the following information:

AB948,56 Section 56. 813.125 (4) (a) 2. b. of the statutes is amended to read:

AB948,17,15 813.125 (4) (a) 2. b. An explanation of s. 813.1285, including the procedures for surrendering a firearm and firearm ammunition and the circumstances listed under s. 813.1285 under which a respondent must appear at a hearing to surrender firearms and firearm ammunition.

AB948,57 Section 57. 813.125 (4) (a) 2. c. of the statutes is amended to read:

AB948,17,19 813.125 (4) (a) 2. c. A firearm and firearm ammunition possession form developed under s. 813.1285 (5) (a), with instructions for completing and returning the form.

AB948,58 Section 58. 813.125 (4m) (title) of the statutes is amended to read:

AB948,17,22 813.125 (4m) (title) Restriction on firearm and firearm ammunition possession; surrender of firearms and firearm ammunition .

AB948,59 Section 59. 813.125 (4m) (a) of the statutes is amended to read:

AB948,18,4 813.125 (4m) (a) If a judge or circuit court commissioner issues an injunction under sub. (4) and the judge or circuit court commissioner determines, based on clear and convincing evidence presented at the hearing on the issuance of the injunction, that the respondent may use a firearm to cause physical harm to another or to endanger public safety, the judge or circuit court commissioner may prohibit the respondent from possessing a firearm or firearm ammunition.

AB948,60 Section 60. 813.125 (4m) (b) of the statutes is amended to read:

AB948,18,8 813.125 (4m) (b) An order prohibiting a respondent from possessing a firearm or firearm ammunition issued under par. (a) remains in effect until the expiration of the injunction issued under sub. (4).

AB948,61 Section 61. 813.125 (4m) (c) (intro.) of the statutes is amended to read:

AB948,18,12 813.125 (4m) (c) (intro.) An order issued under par. (a) that prohibits a respondent from possessing a firearm or firearm ammunition shall do all of the following:

AB948,62 Section 62. 813.125 (4m) (c) 2. of the statutes is amended to read:

AB948,18,19 813.125 (4m) (c) 2. Except as provided in par. (cg), require in writing the respondent to surrender any firearms and firearm ammunition that he or she owns or has in his or her possession to the sheriff of the county in which the action under this section was commenced, to the sheriff of the county in which the respondent resides or to another person designated by the respondent and approved by the judge or circuit court commissioner, in accordance with s. 813.1285.

AB948,63 Section 63. 813.125 (4m) (cg) of the statutes is amended to read:

AB948,18,24 813.125 (4m) (cg) If the respondent is a peace officer, an order issued under par. (a) may not require the respondent to surrender a firearm or firearm ammunition that he or she is required, as a condition of employment, to possess whether or not he or she is on duty.

AB948,64 Section 64. 813.125 (5) (am) of the statutes is amended to read:

AB948,19,4 813.125 (5) (am) The petition shall inform the respondent that, if the judge or circuit court commissioner issues an injunction, the judge or circuit court commissioner may also order the respondent not to possess a firearm or firearm ammunition while the injunction is in effect.

AB948,65 Section 65. 813.125 (5r) (a) of the statutes is amended to read:

AB948,19,13 813.125 (5r) (a) If an order prohibiting a respondent from possessing a firearm or firearm ammunition is issued under sub. (4m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm or firearm ammunition and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of responding to a request under s. 165.63 or for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB948,66 Section 66. 813.1285 (title) of the statutes is amended to read:

AB948,19,16 813.1285 (title) Notice and process for firearm and firearm ammunition surrender.

AB948,67 Section 67. 813.1285 (1) (a) of the statutes is amended to read:

AB948,19,19 813.1285 (1) (a) "Firearm and firearm ammunition possession form" means the form developed under sub. (5) (a).

AB948,68 Section 68. 813.1285 (1) (am) of the statutes is amended to read:

AB948,20,2 813.1285 (1) (am) "Injunction" means an injunction issued under s. 813.12 (4) or 813.122 (5); an injunction issued under s. 813.123 if the court has required the individual to surrender his or her firearms and firearm ammunition under s. 813.123 (5m); or an injunction issued under s. 813.125 if the court has required the individual to surrender his or her firearms and firearm ammunition under s. 813.125 (4m). "Injunction" includes an injunction that has been stayed under this section.

AB948,69 Section 69. 813.1285 (1) (c) of the statutes is amended to read:

AB948,20,5 813.1285 (1) (c) "Petition for the return of firearms and firearm ammunition" means a petition developed under sub. (5) (b).

AB948,70 Section 70. 813.1285 (1g) (a) of the statutes is amended to read:

AB948,20,9 813.1285 (1g) (a) Order the respondent to surrender, within a period that is no longer than 48 hours, any firearm and firearm ammunition that he or she owns or possesses to the sheriff or, in the court's discretion, to another person.

AB948,71 Section 71. 813.1285 (1g) (b) of the statutes is amended to read:

AB948,20,12 813.1285 (1g) (b) Order that the respondent may possess or transport a firearm or firearm ammunition only for the purpose of complying with par. (a).

AB948,72 Section 72. 813.1285 (1g) (c) of the statutes is amended to read:

AB948,20,17 813.1285 (1g) (c) If the court stays an injunction, order the respondent subject to a temporary restraining order during the stay of the injunction and extend the temporary restraining order for a period of 48 hours for the purpose of firearm and firearm ammunition surrender.

AB948,73 Section 73. 813.1285 (1g) (d) of the statutes is amended to read:

AB948,20,21 813.1285 (1g) (d) Inform the respondent when the injunction will take effect and the penalty for possessing a firearm or firearm ammunition while the injunction is in effect.

AB948,74 Section 74. 813.1285 (1g) (e) of the statutes is amended to read:

AB948,20,24 813.1285 (1g) (e) Instruct the respondent how to surrender any firearm and firearm ammunition.

AB948,75 Section 75. 813.1285 (1g) (f) of the statutes is amended to read:

AB948,21,2 813.1285 (1g) (f) If appropriate, order the respondent to attend a hearing to surrender firearms and firearm ammunition.

AB948,76 Section 76. 813.1285 (2) (title) of the statutes is amended to read: