LRBa1567/1
CMH:lmk:nwn
2007 - 2008 LEGISLATURE
SENATE AMENDMENT 2,
TO 2007 SENATE BILL 216
March 5, 2008 - Offered by Senator
Darling.
SB216-SA2,1,3
3"
Section 2m. 51.20 (13) (cv) 1m. of the statutes is created to read:
SB216-SA2,1,64
51.20
(13) (cv) 1m. a. If a court orders a person under subd. 1. not to possess
5a firearm based on a determination under subd. 1. b., the person may petition that
6court or the court in the county where the person resides to cancel the order.
SB216-SA2,1,117
b. The court considering the petition under subd. 1m. a. shall grant the petition
8if the court determines that the circumstances regarding the disposition under par.
9(a) 3., 4., 4m., or 5. and the person's record and reputation indicate that the person
10is not likely to act in a manner dangerous to public safety and that the granting of
11the petition would not be contrary to public interest.
SB216-SA2,2,3
1c. If the court grants the petition under subd. 1m. b., the court shall cancel the
2order under subd. 1. and order the return of any firearm ordered seized under subd.
31.".
SB216-SA2,2,7
63. Page 4, line 7: after "(gm)" insert "
or until the order under subd. 1. based
7on the determination under subd. 1. b. has been canceled under subd. 1m. c".
SB216-SA2,2,11
106. Page 4, line 12: after "
subd. 1. a." insert "
, or cancels under subd. 1m. c. an
11order issued under subd. 1. based on a determination under subd. 1. b.".
SB216-SA2,2,15
15"
Section 8m. 51.45 (13) (i) of the statutes is created to read:
SB216-SA2,2,2016
51.45
(13) (i) 1. If a court orders commitment of a person under this subsection,
17the court shall determine if, under
18 USC 922 (g) (4), the person is prohibited from
18possessing a firearm. If the person is prohibited, the court shall order the person not
19to possess a firearm, order the seizure of any firearm owned by the person, and
20inform the person of the requirements and penalties under s. 941.29.
SB216-SA2,2,2321
2. a. If a court orders a person under subd. 1. not to possess a firearm, the person
22may petition that court or the court in the county where the person resides to cancel
23the order.
SB216-SA2,3,5
1b. The court considering the petition under subd. 2. a. shall grant the petition
2if the court determines that the circumstances regarding the commitment under this
3subsection and the person's record and reputation indicate that the person is not
4likely to act in a manner dangerous to public safety and that the granting of the
5petition would not be contrary to public interest.
SB216-SA2,3,86
c. If the court grants the petition under subd. 2. b., the court shall cancel the
7order under subd. 1. and order the return of any firearm ordered seized under subd.
81.
SB216-SA2,3,109
3. In lieu of ordering the seizure under subd. 1., the court may designate a
10person to store the firearm until the order under subd. 1. is canceled.
SB216-SA2,3,1911
4. If the court orders under subd. 1. a person not to possess a firearm or cancels
12under subd. 2. c. an order issued under subd. 1., the court clerk shall notify the
13department of justice of the order or cancellation and provide any information
14identifying the person that is necessary to permit an accurate firearms restrictions
15record search under s. 175.35 (2g) (c). No other information from the person's court
16records may be disclosed to the department of justice except by order of the court.
17The department of justice may disclose information provided under this subdivision
18only as part of a firearms restrictions record search under s. 175.35 (2g) (c) or under
19rules the department of justice promulgates under s. 175.35 (2g) (d).
SB216-SA2, s. 9m
20Section 9m. 54.10 (3) (f) of the statutes is created to read:
SB216-SA2,3,2521
54.10
(3) (f) 1. If the court appoints a guardian of the person under this
22subsection, the court shall determine if, under
18 USC 922 (g) (4), the person is
23prohibited from possessing a firearm. If the person is prohibited, the court shall
24order the person not to possess a firearm, order the seizure of any firearm owned by
25the person, and inform the person of the requirements and penalties under s. 941.29.
SB216-SA2,4,3
12. a. If a court orders a person under subd. 1. not to possess a firearm, the person
2may petition that court or the court in the county where the person resides to cancel
3the order.
SB216-SA2,4,84
b. The court considering the petition under subd. 2. a. shall grant the petition
5if the court determines that the circumstances regarding the appointment of a
6guardian under this subsection and the person's record and reputation indicate that
7the person is not likely to act in a manner dangerous to public safety and that the
8granting of the petition would not be contrary to public interest.
SB216-SA2,4,119
c. If the court grants the petition under subd. 2. b., the court shall cancel the
10order under subd. 1. and order the return of any firearm ordered seized under subd.
111.
SB216-SA2,4,1312
3. In lieu of ordering the seizure under subd. 1., the court may designate a
13person to store the firearm until the order under subd. 1. is canceled.
SB216-SA2,4,2214
4. If the court orders under subd. 1. a person not to possess a firearm or cancels
15under subd. 2. c. an order issued under subd. 1. the court clerk shall notify the
16department of justice of the order or cancellation and provide any information
17identifying the person that is necessary to permit an accurate firearms restrictions
18record search under s. 175.35 (2g) (c). No other information from the person's court
19records may be disclosed to the department of justice except by order of the court.
20The department of justice may disclose information provided under this subdivision
21only as part of a firearms restrictions record search under s. 175.35 (2g) (c) or under
22rules the department of justice promulgates under s. 175.35 (2g) (d).
SB216-SA2,5,424
55.12
(10) (a) If a court orders protective services or protective placement of a
25person under this section and if an order has not been made under s. 54.10 (3) (f)
1for the person, the court shall determine if, under
18 USC 922 (g) (4), the person is
2prohibited from possessing a firearm. If the person is prohibited, the court shall
3order the person not to possess a firearm, order the seizure of any firearm owned by
4the person, and inform the person of the requirements and penalties under s. 941.29.
SB216-SA2,5,75
(b) 1. If a court orders a person under par. (a) not to possess a firearm, the person
6may petition that court or the court in the county where the person resides to cancel
7the order.
SB216-SA2,5,138
2. The court considering the petition under subd. 1. shall grant the petition if
9the court determines that the circumstances regarding the protective services or
10protective placement order under this subsection and the person's record and
11reputation indicate that the person is not likely to act in a manner dangerous to
12public safety and that the granting of the petition would not be contrary to public
13interest.
SB216-SA2,5,1514
3. If the court grants the petition under subd. 2., the court shall cancel the order
15under par. (a) and order the return of any firearm ordered seized under par. (a).
SB216-SA2,5,1716
(c) In lieu of ordering the seizure under par. (a), the court may designate a
17person to store the firearm until the order under par. (a) is canceled.
SB216-SA2,6,218
(d) If the court orders under par. (a) a person not to possess a firearm or cancels
19under par. (b) 3. an order issued under par. (a) the court clerk shall notify the
20department of justice of the order or cancellation and provide any information
21identifying the person that is necessary to permit an accurate firearms restriction
22record search under s. 175.35 (2g) (c). No other information from the person's court
23records may be disclosed to the department of justice except by order of the court.
24The department of justice may disclose information provided under this paragraph
1only as part of a firearms restriction record search under s. 175.35 (2g) (c) or under
2rules the department of justice promulgates under s. 175.35 (2g) (d).".
SB216-SA2,6,13
915. Page 8, line 15: after "(gm)" insert "
, if the order under s. 51.30 (13) (cv)
101. based on a determination under s. 51.20 (13) (cv) 1. b. has been canceled under s.
1151.20 (13) (cv) 1m. c., if the order under s. 51.45 (13) (i) 1. is canceled under s. 51.45
12(13) (i) 2. c., if the order under s. 54.10 (3) (f) 1. is canceled under s. 54.10 (3) (f) 2. c.,
13or if the order under s. 55.12 (10) (a) is canceled under s. 55.12 (10) (b) 3".
SB216-SA2,6,18
1416. Page 8, line 20: after "(gm)" insert "
, if the order under s. 51.30 (13) (cv)
151. based on a determination under s. 51.20 (13) (cv) 1. b. has been canceled under s.
1651.20 (13) (cv) 1m. c., if the order under s. 51.45 (13) (i) 1. is canceled under s. 51.45
17(13) (i) 2. c., if the order under s. 54.10 (3) (f) 1. is canceled under s. 54.10 (3) (f) 2. c.,
18or if the order under s. 55.12 (10) (a) is canceled under s. 55.12 (10) (b) 3".
