AB464-ASA1,6 14Section 6. 813.12 (4m) (a) 2. of the statutes is amended to read:
AB464-ASA1,4,215 813.12 (4m) (a) 2. Except as provided in par. (ag), require in writing the
16respondent to surrender any firearms that he or she owns or has in his or her
17possession to the sheriff of the county in which the action under this section was
18commenced, to the sheriff of the county in which the respondent resides or to another
19person designated by the respondent and approved by the judge or circuit court
20commissioner. The judge or circuit court commissioner shall approve the person
21designated by the respondent unless the judge or circuit court commissioner finds
22that the person is inappropriate and places the reasons for the finding on the record.
23If a firearm is surrendered to a person designated by the respondent and approved
24by the judge or circuit court commissioner, the judge or circuit court commissioner

1shall inform the person to whom the firearm is surrendered of the requirements and
2penalties under s. 941.29 (4)
, in accordance with s. 813.1285.
AB464-ASA1,7 3Section 7. 813.12 (4m) (am) of the statutes is renumbered 813.1285 (6) and
4amended to read:
AB464-ASA1,4,105 813.1285 (6) (a) When a respondent surrenders a firearm under par. (a) 2. sub.
6(3) (a) 2. or (4) (b) 2.
to a sheriff, the sheriff who is receiving the firearm shall prepare
7a receipt for each firearm surrendered to him or her. The receipt shall include the
8date on which the firearm was surrendered and the manufacturer, model, and serial
9number of the firearm surrendered to the sheriff and shall be signed by the
10respondent and by the sheriff to whom the firearm is surrendered.
AB464-ASA1,4,1611 (b) The sheriff shall keep the original of a receipt prepared under subd. 1. par.
12(a)
and shall provide an exact copy 2 copies of the receipt to the respondent. The
13respondent shall provide one copy of the receipt to the clerk of courts within 48 hours
14of the order to surrender firearms.
When the firearm covered by the receipt is
15returned to the respondent under par. (b) sub. (7), the sheriff shall surrender to the
16respondent the original receipt and all of his or her copies of the receipt.
AB464-ASA1,4,1917 (c) A receipt prepared under subd. 1. par. (a) is conclusive proof that the
18respondent owns the firearm for purposes of returning the firearm covered by the
19receipt to the respondent under par. (b) sub. (7).
AB464-ASA1,4,2320 (d) The sheriff may not enter any information contained on a receipt prepared
21under subd. 1. par. (a) into any computerized or direct electronic data transfer system
22in order to store the information or, except as provided in par. (b), disseminate or
23provide access to the information.
AB464-ASA1,8 24Section 8. 813.12 (4m) (aw) of the statutes is renumbered 813.1285 (6) (e) 1.
25and amended to read:
AB464-ASA1,5,5
1813.1285 (6) (e) 1. A sheriff may store a firearm surrendered to him or her
2under par. (a) 2. sub. (3) (a) 2. or (4) (b) 2. in a warehouse that is operated by a public
3warehouse keeper licensed under ch. 99. If a sheriff stores a firearm at a warehouse
4under this paragraph subdivision, the respondent shall pay the costs charged by the
5warehouse for storing that firearm.
AB464-ASA1,9 6Section 9. 813.12 (4m) (b) of the statutes is renumbered 813.1285 (7) (a), and
7813.1285 (7) (a) (intro.) and 1., as renumbered, are amended to read:
AB464-ASA1,5,118 813.1285 (7) (a) (intro.) A firearm surrendered under par. (a) 2. this section may
9not be returned to the respondent until the respondent completes a petition for the
10return of firearms and
a judge or circuit court commissioner determines all of the
11following:
AB464-ASA1,5,1312 1. That the injunction issued under sub. (4) has been vacated or has expired and
13not been extended.
AB464-ASA1,10 14Section 10. 813.12 (4m) (c) of the statutes is renumbered 813.1285 (7) (b) and
15amended to read:
AB464-ASA1,5,2516 813.1285 (7) (b) If a respondent surrenders a firearm under par. (a) 2. this
17section
that is owned by a person other than the respondent, the person who owns
18the firearm may apply for its return to the circuit court for the county in which the
19person to whom the firearm was surrendered is located. The court shall order such
20notice as it considers adequate to be given to all persons who have or may have an
21interest in the firearm and shall hold a hearing to hear all claims to its true
22ownership. If the right to possession is proved to the court's satisfaction, it shall
23order the firearm returned. If the court returns a firearm under this paragraph, the
24court shall inform the person to whom the firearm is returned of the requirements
25and penalties under s. 941.29 (4).
AB464-ASA1,11
1Section 11. 813.122 (2) of the statutes is renumbered 813.122 (2) (a).
AB464-ASA1,12 2Section 12. 813.122 (2) (b) of the statutes is created to read:
AB464-ASA1,6,53 813.122 (2) (b) When the respondent is served with the petition under this
4subsection, the person who serves the respondent shall also provide the respondent
5with all of the following information:
AB464-ASA1,6,76 1. Notice of the requirements and penalties under s. 941.29 (1) (f) and (2) (e)
7and notice of any similar applicable federal laws and penalties.
AB464-ASA1,6,108 2. An explanation of s. 813.1285, including the procedures for surrendering a
9firearm and the circumstances listed under s. 813.1285 under which a respondent
10must appear at a hearing to surrender firearms.
AB464-ASA1,6,1211 3. A firearm possession form developed under s. 813.1285 (5) (a), with
12instructions for completing and returning the form.
AB464-ASA1,13 13Section 13 . 813.122 (4) (c) of the statutes is amended to read:
AB464-ASA1,6,2114 813.122 (4) (c) The temporary restraining order is in effect until a hearing is
15held on issuance of an injunction under sub. (5), except that the court may extend the
16temporary restraining order under s. 813.1285
. A judge shall hold a hearing on
17issuance of an injunction within 14 days after the temporary restraining order is
18issued, unless the time is extended upon the written consent of the parties or
19extended once for 14 days upon a finding that the respondent has not been served
20with a copy of the temporary restraining order although the petitioner has exercised
21due diligence.
AB464-ASA1,14 22Section 14. 813.122 (5m) (a) 1. of the statutes is amended to read:
AB464-ASA1,6,2523 813.122 (5m) (a) 1. Inform the respondent named in the petition of the
24requirements and penalties under s. 941.29 and any similar applicable federal laws
25and penalties
.
AB464-ASA1,15
1Section 15. 813.122 (5m) (a) 2. of the statutes is amended to read:
AB464-ASA1,7,132 813.122 (5m) (a) 2. Except as provided in par. (ag), require in writing the
3respondent to surrender any firearms that he or she owns or has in his or her
4possession to the sheriff of the county in which the action under this section was
5commenced, to the sheriff of the county in which the respondent resides or to another
6person designated by the respondent and approved by the judge or circuit court
7commissioner. The judge or circuit court commissioner shall approve the person
8designated by the respondent unless the judge or circuit court commissioner finds
9that the person is inappropriate and places the reasons for the finding on the record.
10If a firearm is surrendered to a person designated by the respondent and approved
11by the judge or circuit court commissioner, the judge or circuit court commissioner
12shall inform the person to whom the firearm is surrendered of the requirements and
13penalties under s. 941.29 (4)
, in accordance with s. 813.1285.
AB464-ASA1,16 14Section 16. 813.122 (5m) (am) of the statutes is repealed.
AB464-ASA1,17 15Section 17. 813.122 (5m) (aw) of the statutes is repealed.
AB464-ASA1,18 16Section 18. 813.122 (5m) (b) and (c) of the statutes are repealed.
AB464-ASA1,19 17Section 19 . 813.125 (3) (c) of the statutes is amended to read:
AB464-ASA1,7,2518 813.125 (3) (c) The temporary restraining order is in effect until a hearing is
19held on issuance of an injunction under sub. (4), except that the court may extend the
20temporary restraining order under s. 813.1285
. A judge or circuit court
21commissioner shall hold a hearing on issuance of an injunction within 14 days after
22the temporary restraining order is issued, unless the time is extended upon the
23written consent of the parties or extended once for 14 days upon a finding that the
24respondent has not been served with a copy of the temporary restraining order
25although the petitioner has exercised due diligence.
AB464-ASA1,20
1Section 20. 813.125 (4) (a) 2. of the statutes is renumbered 813.125 (4) (a) 2.
2(intro.) and amended to read:
AB464-ASA1,8,103 813.125 (4) (a) 2. (intro.) The petitioner serves upon the respondent a copy of
4a restraining order obtained under sub. (3) and notice of the time for the hearing on
5the issuance of the injunction under sub. (3) (c). The restraining order or notice of
6hearing served under this subdivision shall inform the respondent that, if the judge
7or circuit court commissioner issues an injunction, the judge or circuit court
8commissioner may also order the respondent not to possess a firearm while the
9injunction is in effect. The person who serves the respondent with the order or notice
10shall also provide the respondent with all of the following information:
AB464-ASA1,21 11Section 21. 813.125 (4) (a) 2. a., b. and c. of the statutes are created to read:
AB464-ASA1,8,1312 813.125 (4) (a) 2. a. Notice of the requirements and penalties under s. 941.29
13(1) (g) and (2) (d) and notice of any similar applicable federal laws and penalties.
AB464-ASA1,8,1614 b. An explanation of s. 813.1285, including the procedures for surrendering a
15firearm and the circumstances listed under s. 813.1285 under which a respondent
16must appear at a hearing to surrender firearms.
AB464-ASA1,8,1817 c. A firearm possession form developed under s. 813.1285 (5) (a), with
18instructions for completing and returning the form.
AB464-ASA1,22 19Section 22. 813.125 (4m) (c) 1. of the statutes is amended to read:
AB464-ASA1,8,2220 813.125 (4m) (c) 1. Inform the respondent named in the petition of the
21requirements and penalties under s. 941.29 and any similar applicable federal laws
22and penalties
.
AB464-ASA1,23 23Section 23. 813.125 (4m) (c) 2. of the statutes is amended to read:
AB464-ASA1,9,1024 813.125 (4m) (c) 2. Except as provided in par. (cg), require in writing the
25respondent to surrender any firearms that he or she owns or has in his or her

1possession to the sheriff of the county in which the action under this section was
2commenced, to the sheriff of the county in which the respondent resides or to another
3person designated by the respondent and approved by the judge or circuit court
4commissioner. The judge or circuit court commissioner shall approve the person
5designated by the respondent unless the judge or circuit court commissioner finds
6that the person is inappropriate and places the reasons for the finding on the record.
7If a firearm is surrendered to a person designated by the respondent and approved
8by the judge or circuit court commissioner, the judge or circuit court commissioner
9shall inform the person to whom the firearm is surrendered of the requirements and
10penalties under s. 941.29 (4)
, in accordance with s. 813.1285.
AB464-ASA1,24 11Section 24. 813.125 (4m) (cm) of the statutes is repealed.
AB464-ASA1,25 12Section 25. 813.125 (4m) (cw) of the statutes is repealed.
AB464-ASA1,26 13Section 26. 813.125 (4m) (d) and (e) of the statutes are repealed.
AB464-ASA1,27 14Section 27. 813.125 (6) (c) of the statutes is amended to read:
AB464-ASA1,9,2015 813.125 (6) (c) A respondent who does not appear at a hearing at which the
16court orders an injunction under sub. (4) but who has been served with a copy of the
17petition and notice of the time for hearing under sub. (4) (a) 2. that includes the
18information required under sub. (4) (a) 2. a., b., and c.
has constructive knowledge
19of the existence of the injunction and shall be arrested for violation of the injunction
20regardless of whether he or she has been served with a copy of the injunction.
AB464-ASA1,28 21Section 28. 813.1285 of the statutes is created to read:
AB464-ASA1,9,23 22813.1285 Notice and process for firearm surrender. (1) Definitions. In
23this section:
AB464-ASA1,9,2424 (a) "Firearm possession form" means the form developed under sub. (5) (a).
AB464-ASA1,10,4
1(am) "Injunction" means an injunction issued under s. 813.12 (4) or 813.122 (5),
2or, if the court has required the individual to surrender his or her firearms under s.
3813.125 (4m), under s. 813.125 (4). "Injunction" includes an injunction that has been
4stayed under this section.
AB464-ASA1,10,65 (b) "Petitioner" means an individual who is applying for, or for whom a court
6has granted, an injunction.
AB464-ASA1,10,87 (c) "Petition for the return of firearms" means a petition developed under sub.
8(5) (b).
AB464-ASA1,10,99 (d) "Respondent" means the individual who is the subject of an injunction.
AB464-ASA1,10,1010 (e) "Surrender and extend order" means an order under sub. (1g).
AB464-ASA1,10,12 11(1g) Surrender and extend order. If the court issues a surrender and extend
12order, the court shall do all of the following:
AB464-ASA1,10,1513 (a) Order the respondent to surrender, within a period that is no longer than
1448 hours, any firearm that he or she owns or possesses to the sheriff or, in the court's
15discretion, to another person.
AB464-ASA1,10,1716 (b) Order that the respondent may possess or transport a firearm only for the
17purpose of complying with par. (a).
AB464-ASA1,10,2018 (c) If the court stays an injunction, order the respondent subject to a temporary
19restraining order during the stay of the injunction and extend the temporary
20restraining order for a period of 48 hours for the purpose of firearm surrender.
AB464-ASA1,10,2221 (d) Inform the respondent when the injunction will take effect and the penalty
22for possessing a firearm while the injunction is in effect.
AB464-ASA1,10,2323 (e) Instruct the respondent how to surrender any firearm.
AB464-ASA1,10,2524 (f) If appropriate, order the respondent to attend a hearing to surrender
25firearms.
AB464-ASA1,11,4
1(1m) Temporary restraining orders. If the court is required to extend a
2temporary restraining order under this section, and a temporary restraining order
3was not previously granted, the court shall, on its own motion, reconsider and grant
4the temporary restraining order.
AB464-ASA1,11,11 5(2) Firearm possession determination. (a) If the respondent is present at the
6injunction hearing, the court shall stay the injunction for a period not to exceed 48
7hours and shall extend the temporary restraining order for 48 hours for the purpose
8of firearm surrender. The respondent shall provide the court a completed firearm
9possession form. The court shall verify the information on the firearm possession
10form and shall make an inquiry on the record as to the contents of the firearm
11possession form.
AB464-ASA1,11,1912 (b) If the respondent is not present at the injunction hearing, the court shall
13provide the petitioner with an opportunity to inform the court orally or in writing
14whether he or she believes that the respondent possesses a firearm. If the petitioner
15informs the court that the respondent possesses a firearm, the court shall request the
16petitioner to inform the court orally or in writing how many firearms he or she
17believes the respondent possesses, the make and model of any firearm he or she
18believes the respondent possesses, and the location of any firearm he or she believes
19the respondent possesses.
AB464-ASA1,11,2420 (c) 1. If the firearm possession form submitted to the court under par. (a) or (b)
21indicates the respondent does not possess a firearm, and the court, after an inquiry,
22is satisfied that the respondent does not possess a firearm, the court shall file the
23firearm possession form, lift the stay of the injunction, and dismiss the temporary
24restraining order extended under par. (a).
AB464-ASA1,12,6
12. If, under par. (a), the firearm possession form submitted to the court
2indicates the respondent possesses a firearm, and the respondent has not
3surrendered his or her firearm as described under sub. (3) (a), the court shall
4continue to stay the injunction as provided under par. (a) for a period not to exceed
548 hours, issue a surrender and extend order, and schedule a hearing to surrender
6firearms to occur within one week of the injunction hearing.
AB464-ASA1,12,107 3. If, under par. (b), the petitioner indicates that the respondent possesses a
8firearm or if the court is not satisfied under subd. 1. that the respondent does not
9possess a firearm, the court shall schedule a hearing to surrender firearms to occur
10within one week of the injunction hearing. The court shall do one of the following:
AB464-ASA1,12,1211 a. Continue the stay under par. (a) of the injunction and issue a surrender and
12extend order.
AB464-ASA1,12,1313 b. Lift the stay of the injunction.
AB464-ASA1,12,1514 4. The court may schedule a hearing to surrender firearms for any reason
15relevant to the surrender of firearms.
AB464-ASA1,12,20 16(3) Surrender of firearms. (a) Unless the court has noted another reason that
17is relevant to the surrender of firearms that would require the hearing to surrender
18firearms to occur, the court shall dismiss the hearing to surrender firearms
19scheduled under sub. (2) (c) 2. or 3. if the respondent surrenders his or her firearm
20in one of the following manners:
AB464-ASA1,12,2221 1. The respondent surrenders his or her firearm to another person and all of
22the following apply:
AB464-ASA1,12,2423 a. The respondent and the person to whom the respondent is surrendering his
24or her firearm appear at the injunction hearing.
AB464-ASA1,13,2
1b. At the injunction hearing, the person testifies under oath that the person has
2received the firearms listed on the respondent's firearm possession form.
AB464-ASA1,13,43 c. At the injunction hearing, the court determines that the person is not
4prohibited from possessing a firearm.
AB464-ASA1,13,65 d. The court informs the person to whom the firearm is surrendered of the
6requirements and penalties under s. 941.29 (4).
AB464-ASA1,13,87 e. The court, after considering all relevant factors and any input from the
8petitioner, approves the surrender of the firearm.
AB464-ASA1,13,99 f. The court does not use the process under subd. 3.
AB464-ASA1,13,1310 2. The respondent surrenders his or her firearm to a sheriff no later than 48
11hours after the injunction hearing ordering the respondent to surrender his or her
12firearm and provides a copy of the receipt to the clerk of courts as provided in sub.
13(6) (b).
AB464-ASA1,13,1614 3. The respondent surrenders his or her firearm to a sheriff as provided under
15subd. 2., and a person who appeared at the injunction hearing takes possession of the
16firearm from the sheriff, if all of the following apply:
AB464-ASA1,13,1717 a. Subdivision 1. d. and e. apply.
AB464-ASA1,13,1918 b. The sheriff determines that the person is not prohibited from possessing a
19firearm.
AB464-ASA1,13,2220 (b) If the court approves the surrender under par. (a) 1., and if the court has
21issued a surrender and extend order and has stayed the injunction, the court shall
22lift the stay and dismiss the temporary restraining order.
AB464-ASA1,14,2 23(4) Hearing to surrender firearms. (a) Unless the court dismisses the hearing
24to surrender firearms, a respondent for whom a hearing to surrender firearms has
25been scheduled must attend the hearing. If the respondent fails to attend the

1hearing to surrender firearms, the court shall issue an arrest warrant for the
2respondent.
AB464-ASA1,14,83 (b) At the hearing to surrender firearms, the court shall stay the injunction for
4a period not to exceed 48 hours, shall extend the temporary restraining order for 48
5hours, shall ensure that the respondent has completed a firearm possession form and
6verify the information provided on the firearm possession form if the information
7was not already verified under sub. (2) (a), shall make an inquiry on the record as
8to the contents of the firearm possession form, and shall do one of the following:
AB464-ASA1,14,149 1. If the respondent wants to surrender his or her firearms to a person who is
10not the sheriff and who appears at the hearing to surrender firearms, and if the court,
11after considering all relevant factors and input from the petitioner, approves the
12surrender and informs the person to whom the firearms are surrendered of the
13requirements and penalties under s. 941.29 (4), order the respondent to surrender
14his or her firearms in one of the following ways:
AB464-ASA1,14,1715 a. To the person, after the person testifies under oath that he or she has received
16the firearms listed on the respondent's firearm possession form and after the court
17determines that the person is not prohibited from possessing a firearm.
AB464-ASA1,14,1918 b. To the sheriff, who shall transfer the firearms to the person after determining
19that the person is not prohibited from possessing a firearm.
AB464-ASA1,14,2320 1m. If the respondent claims to have surrendered his or her firearms to the
21sheriff in accordance with sub. (6), verify that the respondent has surrendered all
22such firearms, lift the stay of the injunction, and dismiss the temporary restraining
23order.
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