SB44-SSA1,5,1614
2. a. If a court orders a person under subd. 1. not to possess a firearm, the person
15may petition that court or the court in the county where the person resides to cancel
16the order.
SB44-SSA1,5,2117
b. The court considering the petition under subd. 2. a. shall grant the petition
18if the court determines that the circumstances regarding the commitment under this
19subsection and the person's record and reputation indicate that the person is not
20likely to act in a manner dangerous to public safety and that the granting of the
21petition would not be contrary to public interest.
SB44-SSA1,5,2422
c. If the court grants the petition under subd. 2. b., the court shall cancel the
23order under subd. 1. and order the return of any firearm ordered seized under subd.
241.
SB44-SSA1,6,3
13. In lieu of ordering the seizure under subd. 1., the court may designate a
2person to store the firearm until the order under subd. 1. is canceled under subd. 2.
3c.
SB44-SSA1,6,124
4. If the court orders under subd. 1. a person not to possess a firearm or cancels
5under subd. 2. c. an order issued under subd. 1., the court clerk shall notify the
6department of justice of the order or cancellation and provide any information
7identifying the person that is necessary to permit an accurate firearms restrictions
8record search under s. 175.35 (2g) (c). No other information from the person's court
9records may be disclosed to the department of justice except by order of the court.
10The department of justice may disclose information provided under this subdivision
11only as part of a firearms restrictions record search under s. 175.35 (2g) (c) or under
12rules the department of justice promulgates under s. 175.35 (2g) (d).
SB44-SSA1, s. 10
13Section
10. 54.10 (3) (f) of the statutes is created to read:
SB44-SSA1,6,1914
54.10
(3) (f) 1. If the court appoints a guardian of the person under this
15subsection, the court shall determine if, under
18 USC 922 (g) (4), the individual is
16prohibited from possessing a firearm. If the individual is prohibited, the court shall
17order the individual not to possess a firearm, order the seizure of any firearm owned
18by the individual, and inform the individual of the requirements and penalties under
19s. 941.29.
SB44-SSA1,6,2220
2. a. If a court orders under subd. 1. an individual not to possess a firearm, the
21individual may petition that court or the court in the county where the individual
22resides to cancel the order.
SB44-SSA1,7,223
b. The court considering the petition under subd. 2. a. shall grant the petition
24if the court determines that the circumstances regarding the appointment of a
25guardian under this subsection and the individual's record and reputation indicate
1that the individual is not likely to act in a manner dangerous to public safety and that
2the granting of the petition would not be contrary to public interest.
SB44-SSA1,7,53
c. If the court grants the petition under subd. 2. b., the court shall cancel the
4order under subd. 1. and order the return of any firearm ordered seized under subd.
51.
SB44-SSA1,7,86
3. In lieu of ordering the seizure under subd. 1., the court may designate a
7person to store the firearm until the order under subd. 1. is canceled under subd. 2.
8c.
SB44-SSA1,7,189
4. If the court orders under subd. 1. an individual not to possess a firearm or
10cancels under subd. 2. c. an order issued under subd. 1., the court clerk shall notify
11the department of justice of the order or cancellation and provide any information
12identifying the individual that is necessary to permit an accurate firearms
13restrictions record search under s. 175.35 (2g) (c). No other information from the
14individual's court records may be disclosed to the department of justice except by
15order of the court. The department of justice may disclose information provided
16under this subdivision only as part of a firearms restrictions record search under s.
17175.35 (2g) (c) or under rules the department of justice promulgates under s. 175.35
18(2g) (d).
SB44-SSA1,8,220
55.12
(10) (a) If a court orders protective services or protective placement of an
21individual under this section and if an order has not been made under s. 54.10 (3) (f)
22for the individual, the court shall determine if, under
18 USC 922 (g) (4), the
23individual is prohibited from possessing a firearm. If the individual is prohibited,
24the court shall order the individual not to possess a firearm, order the seizure of any
1firearm owned by the individual, and inform the individual of the requirements and
2penalties under s. 941.29.
SB44-SSA1,8,53
(b) 1. If a court orders under par. (a) an individual not to possess a firearm, the
4individual may petition that court or the court in the county where the individual
5resides to cancel the order.
SB44-SSA1,8,116
2. The court considering the petition under subd. 1. shall grant the petition if
7the court determines that the circumstances regarding the protective services or
8protective placement order under this section and the individual's record and
9reputation indicate that the individual is not likely to act in a manner dangerous to
10public safety and that the granting of the petition would not be contrary to public
11interest.
SB44-SSA1,8,1312
3. If the court grants the petition under subd. 2., the court shall cancel the order
13under par. (a) and order the return of any firearm ordered seized under par. (a).
SB44-SSA1,8,1614
(c) In lieu of ordering the seizure under par. (a), the court may designate a
15person to store the firearm until the order under par. (a) is canceled under par. (b)
163.
SB44-SSA1,9,217
(d) If the court orders under par. (a) an individual not to possess a firearm or
18cancels under par. (b) 3. an order issued under par. (a), the court clerk shall notify
19the department of justice of the order or cancellation and provide any information
20identifying the individual that is necessary to permit an accurate firearms
21restriction record search under s. 175.35 (2g) (c). No other information from the
22individual's court records may be disclosed to the department of justice except by
23order of the court. The department of justice may disclose information provided
24under this paragraph only as part of a firearms restriction record search under s.
1175.35 (2g) (c) or under rules the department of justice promulgates under s. 175.35
2(2g) (d).
SB44-SSA1, s. 12
3Section
12. 175.35 (1) (at) of the statutes is amended to read:
SB44-SSA1,9,184
175.35
(1) (at) "Firearms restrictions record search" means a search of
5department of justice records to determine whether a person seeking to purchase a
6handgun is prohibited from possessing a firearm under s. 941.29. "Firearms
7restriction record search" includes a criminal history record search, a search to
8determine whether a person is prohibited from possessing a firearm under s. 51.20
9(13) (cv)
1., 2007 stats., a search in the national instant criminal background check
10system to determine whether a person has been ordered not to possess a firearm
11under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
12to determine whether the person is subject to an injunction under s. 813.12 or
13813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
14established by any federally recognized Wisconsin Indian tribe or band, except the
15Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
16or she is subject to the requirements and penalties under s. 941.29 and that has been
17filed with the circuit court under s. 806.247 (3), and a search to determine whether
18the person is prohibited from possessing a firearm under s. 813.125 (4m).
SB44-SSA1, s. 13
19Section
13. 175.35 (2g) (d) of the statutes is created to read:
SB44-SSA1,9,2320
175.35
(2g) (d) 1. The department of justice shall promulgate rules to convey
21information in a timely manner to the national instant criminal background check
22system regarding individuals ordered not to possess a firearm under s. 51.20 (13) (cv)
231., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).
SB44-SSA1,9,2624
2. The department of justice shall promulgate rules to convey information in
25a timely manner to the national instant criminal background check system
1regarding the cancellation under s. 51.20 (13) (cv) 1m. c., 51.45 (13) (i) 2. c., 54.10 (3)
2(f) 2. c., or 55.12 (10) (b) 3. of an order not to possess a firearm.
SB44-SSA1, s. 14
3Section
14. 941.29 (1) (e) of the statutes is amended to read:
SB44-SSA1,10,54
941.29
(1) (e) Committed for treatment under s. 51.20 (13) (a) and ordered not
5to possess a firearm under s. 51.20 (13) (cv)
1., 2007 stats.
SB44-SSA1, s. 15
6Section
15. 941.29 (1) (em) of the statutes is created to read:
SB44-SSA1,10,87
941.29
(1) (em) Ordered not to possess a firearm under s. 51.20 (13) (cv) 1.,
851.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).
SB44-SSA1, s. 16
9Section
16. 941.29 (2) (d) of the statutes is amended to read:
SB44-SSA1,10,1110
941.29
(2) (d) The person possesses a firearm while subject to the court order,
11as specified in sub. (1) (e)
, (em), or (g).
SB44-SSA1, s. 17
12Section
17. 941.29 (9) of the statutes is renumbered 941.29 (9) (a) and
13amended to read:
SB44-SSA1,10,1614
941.29
(9) (a) This section does not apply to a person specified in sub. (1) (e) if
15the prohibition under s. 51.20 (13) (cv) 1.
, 2007 stats., has been canceled under s.
1651.20 (13) (cv) 2. or (16) (gm)
, 2007 stats., or under s. 51.20 (13) (cv) 1m. c.
SB44-SSA1, s. 18
17Section
18. 941.29 (9) (b) of the statutes is created to read:
SB44-SSA1,10,2218
941.29
(9) (b) This section does not apply to a person specified in sub. (1) (em)
19if the order under s. 51.30 (13) (cv) 1. is canceled under s. 51.20 (13) (cv) 1m. c., if the
20order under s. 51.45 (13) (i) 1. is canceled under s. 51.45 (13) (i) 2. c., if the order under
21s. 54.10 (3) (f) 1. is canceled under s. 54.10 (3) (f) 2. c., or if the order under s. 55.12
22(10) (a) is canceled under s. 55.12 (10) (b) 3.
SB44-SSA1, s. 19
23Section
19. 968.20 (1r) of the statutes is renumbered 968.20 (1r) (a) and
24amended to read:
SB44-SSA1,11,5
1968.20
(1r) (a) If the seized property is a firearm
ordered seized under s. 51.20
2(13) (cv)
1., 2007, stats., the court that issued that order shall order the firearm
3returned if the
prohibition order under s. 51.20 (13) (cv) 1.
, 2007 stats., has been
4canceled under s. 51.20 (13) (cv) 2. or (16) (gm)
, 2007 stats., or is canceled under s.
551.20 (13) (cv) 1m. c.
SB44-SSA1, s. 20
6Section
20. 968.20 (1r) (b) of the statutes is created to read:
SB44-SSA1,11,97
968.20
(1r) (b) If the seized property is a firearm ordered seized under s. 51.20
8(13) (cv) 1., the court that issued that order shall order the firearm returned if the
9order under s. 51.20 (13) (cv) 1. is canceled under s. 51.20 (13) (cv) 1m. c.
SB44-SSA1, s. 21
10Section
21. 968.20 (1r) (c) of the statutes is created to read:
SB44-SSA1,11,1311
968.20
(1r) (c) If the seized property is a firearm ordered seized under s. 51.45
12(13) (i) 1., the court that issued that order shall order the firearm returned if the order
13under s. 51.45 (13) (i) 1. is canceled under s. 51.45 (13) (i) 2. c.
SB44-SSA1, s. 22
14Section
22. 968.20 (1r) (d) of the statutes is created to read:
SB44-SSA1,11,1715
968.20
(1r) (d) If the seized property is a firearm ordered seized under s. 54.10
16(3) (f) 1., the court that issued that order shall order the firearm returned if the order
17under s. 54.10 (3) (f) 1. is canceled under s. 54.10 (3) (f) 2. c.
SB44-SSA1, s. 23
18Section
23. 968.20 (1r) (e) of the statutes is created to read:
SB44-SSA1,11,2119
968.20
(1r) (e) If the seized property is a firearm ordered seized under s. 55.12
20(10) (a), the court that issued that order shall order the firearm returned if the order
21under s. 55.12 (10) (a) is canceled under s. 55.12 (10) (b) 3.
SB44-SSA1,12,723
(1) Using the procedure under section 227.24 of the statutes, the department
24of justice shall promulgate rules required under section 175.35 (2g) (d) of the
25statutes, as created by this act, for the period before the effective date of the
1permanent rules promulgated under that section, but not to exceed the period
2authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding
3section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of justice is not
4required to provide evidence that promulgating a rule under this subsection as an
5emergency rule is necessary for the preservation of public peace, health, safety, or
6welfare and is not required to provide a finding of an emergency for a rule
7promulgated under this subsection.
SB44-SSA1,12,109
(1) The treatment of section 51.20 (13) (cv) 1. of the statutes first applies to
10dispositions made on the effective date of this subsection.
SB44-SSA1,12,1211
(2) The treatment of section 51.45 (13) (i) of the statutes first applies to
12commitments ordered on the effective date of this subsection.
SB44-SSA1,12,1413
(3) The treatment of section 54.10 (3) (f) of the statutes first applies to
14appointments made on the effective date of this subsection.
SB44-SSA1,12,1615
(4) The treatment of section 55.12 (10) of the statutes first applies to court
16orders made on the effective date of this subsection.
SB44-SSA1, s. 26
17Section
26.
Effective dates. This act takes effect on the first day of the 2nd
18month beginning after publication, except as follows:
SB44-SSA1,12,2019
(1) The treatment of section 175.35 (2g) (d) of the statutes and
Section 24 (1)
20of this act take effect on the day after publication.