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.
AB948,75
25Section
75. 813.1285 (1g) (f) of the statutes is amended to read:
AB948,21,2
1813.1285
(1g) (f) If appropriate, order the respondent to attend a hearing to
2surrender firearms
and firearm ammunition.
AB948,76
3Section
76. 813.1285 (2) (title) of the statutes is amended to read:
AB948,21,44
813.1285
(2) (title)
Firearm or firearm ammunition possession determination.
AB948,77
5Section
77. 813.1285 (2) (a) of the statutes is amended to read:
AB948,21,126
813.1285
(2) (a) If the respondent is present at the injunction hearing, the court
7shall stay the injunction for a period not to exceed 48 hours and shall extend the
8temporary restraining order for 48 hours for the purpose of firearm
and firearm
9ammunition surrender. The respondent shall provide the court a completed firearm
10and firearm ammunition possession form. The court shall verify the information on
11the firearm
and firearm ammunition possession form and shall make an inquiry on
12the record as to the contents of the firearm
and firearm ammunition possession form.
AB948,78
13Section
78. 813.1285 (2) (b) of the statutes is amended to read:
AB948,21,2214
813.1285
(2) (b) If the respondent is not present at the injunction hearing, the
15court shall provide the petitioner with an opportunity to inform the court orally or
16in writing whether he or she believes that the respondent possesses a firearm
or
17firearm ammunition. If the petitioner informs the court that the respondent
18possesses a firearm
or firearm ammunition, the court shall request the petitioner to
19inform the court orally or in writing how
much firearm ammunition and how many
20firearms he or she believes the respondent possesses, the make and model of any
21firearm he or she believes the respondent possesses, and the location of any firearm
22or firearm ammunition he or she believes the respondent possesses.
AB948,79
23Section
79. 813.1285 (2) (c) 1. of the statutes is amended to read:
AB948,22,424
813.1285
(2) (c) 1. If the firearm
and firearm ammunition possession form
25submitted to the court under par. (a) or (b) indicates the respondent does not possess
1a firearm
or firearm ammunition, and the court, after an inquiry, is satisfied that the
2respondent does not possess a firearm
or firearm ammunition, the court shall file the
3firearm
and firearm ammunition possession form, lift the stay of the injunction, and
4dismiss the temporary restraining order extended under par. (a).
AB948,80
5Section
80. 813.1285 (2) (c) 2. of the statutes is amended to read:
AB948,22,126
813.1285
(2) (c) 2. If, under par. (a), the firearm
and firearm ammunition 7possession form submitted to the court indicates the respondent possesses a firearm
8or firearm ammunition, and the respondent has not surrendered his or her firearm
9and firearm ammunition as described under sub. (3) (a), the court shall continue to
10stay the injunction as provided under par. (a) for a period not to exceed 48 hours, issue
11a surrender and extend order, and schedule a hearing to surrender firearms
and
12firearm ammunition to occur within one week of the injunction hearing.
AB948,81
13Section
81. 813.1285 (2) (c) 3. (intro.) of the statutes is amended to read:
AB948,22,1914
813.1285
(2) (c) 3. (intro.) If, under par. (b), the petitioner indicates that the
15respondent possesses a firearm
or firearm ammunition or if the court is not satisfied
16under subd. 1. that the respondent does not possess a firearm
or firearm
17ammunition, the court shall schedule a hearing to surrender firearms
and firearm
18ammunition to occur within one week of the injunction hearing. The court shall do
19one of the following:
AB948,82
20Section
82. 813.1285 (2) (c) 4. of the statutes is amended to read:
AB948,22,2321
813.1285
(2) (c) 4. The court may schedule a hearing to surrender firearms
and
22firearm ammunition for any reason relevant to the surrender of firearms
or firearm
23ammunition.
AB948,83
24Section
83. 813.1285 (3) (title) of the statutes is amended to read:
AB948,22,2525
813.1285
(3) (title)
Surrender of firearms
and firearm ammunition.
AB948,84
1Section
84. 813.1285 (3) (a) (intro.) of the statutes is amended to read:
AB948,23,72
813.1285
(3) (a) (intro.) Unless the court has noted another reason that is
3relevant to the surrender of firearms
and firearm ammunition that would require the
4hearing to surrender firearms
and firearm ammunition to occur, the court shall
5dismiss the hearing to surrender firearms
and firearm ammunition scheduled under
6sub. (2) (c) 2. or 3. if the respondent surrenders his or her firearm
and firearm
7ammunition in one of the following manners:
AB948,85
8Section
85. 813.1285 (3) (a) 1. (intro.) of the statutes is amended to read:
AB948,23,109
813.1285
(3) (a) 1. (intro.) The respondent surrenders his or her firearm
and
10firearm ammunition to another person and all of the following apply:
AB948,86
11Section
86. 813.1285 (3) (a) 1. a. of the statutes is amended to read:
AB948,23,1412
813.1285
(3) (a) 1. a. The respondent and the person to whom the respondent
13is surrendering his or her firearm
and firearm ammunition appear at the injunction
14hearing.
AB948,87
15Section
87. 813.1285 (3) (a) 1. b. of the statutes is amended to read:
AB948,23,1816
813.1285
(3) (a) 1. b. At the injunction hearing, the person testifies under oath
17that the person has received the firearms
and firearm ammunition listed on the
18respondent's firearm
and firearm ammunition possession form.
AB948,88
19Section
88. 813.1285 (3) (a) 1. c. of the statutes is amended to read:
AB948,23,2120
813.1285
(3) (a) 1. c. At the injunction hearing, the court determines that the
21person is not prohibited from possessing a firearm
or firearm ammunition.
AB948,89
22Section
89. 813.1285 (3) (a) 1. d. of the statutes is amended to read:
AB948,23,2523
813.1285
(3) (a) 1. d. The court informs the person to whom the firearm
and
24firearm ammunition is surrendered of the requirements and penalties under s.
25941.29 (4).
AB948,90
1Section
90. 813.1285 (3) (a) 1. e. of the statutes is amended to read:
AB948,24,42
813.1285
(3) (a) 1. e. The court, after considering all relevant factors and any
3input from the petitioner, approves the surrender of the firearm
and firearm
4ammunition.
AB948,91
5Section
91. 813.1285 (3) (a) 2. of the statutes is amended to read:
AB948,24,96
813.1285
(3) (a) 2. The respondent surrenders his or her firearm
and firearm
7ammunition to a sheriff no later than 48 hours after the injunction hearing ordering
8the respondent to surrender his or her firearm
and firearm ammunition and provides
9a copy of the receipt to the clerk of courts as provided in sub. (6) (b).
AB948,92
10Section
92. 813.1285 (3) (a) 3. (intro) of the statutes is amended to read:
AB948,24,1411
813.1285
(3) (a) 3. (intro.) The respondent surrenders his or her firearm
and
12firearm ammunition to a sheriff as provided under subd. 2., and a person who
13appeared at the injunction hearing takes possession of the firearm
and firearm
14ammunition from the sheriff, if all of the following apply:
AB948,93
15Section
93. 813.1285 (3) (a) 3. b. of the statutes is amended to read:
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.