AB293: Bill Text

AB293,7,10 175.35 (2k) (a) 2. Check each duplicate notification form received under sub. (2j) against the information recorded by the department regarding the corresponding request for a criminal history record search and involuntary commitment firearms restrictions record search under sub. (2g). If the department previously provided a unique approval number regarding the request and nothing in the duplicate completed notification form indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the department shall destroy all records regarding that criminal history record search and involuntary commitment firearms restrictions record search within 30 days after receiving the duplicate form.

AB293, s. 14 Section 14. 175.35 (2k) (b) 2. a. of the statutes is amended to read:

AB293,7,16 175.35 (2k) (b) 2. a. Except as provided in subd. 2. b., a log of dates of requests for criminal history record searches and involuntary commitment firearms restrictions record searches under sub. (2g) together with confirmation numbers, unique approval and nonapproval numbers and firearms dealer identification numbers corresponding to those dates.

AB293, s. 15 Section 15. 175.35 (2L) of the statutes is amended to read:

AB293,7,24 175.35 (2L) The department of justice shall promulgate rules providing for the review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right to purchase a handgun because the firearms dealer received a nonapproval number under sub. (2g) (c) 4. a. may request a criminal history record search and involuntary commitment firearms restrictions record search review under those rules. If the person disagrees with the results of that review, the person may file an appeal under rules promulgated by the department.

AB293, s. 16 Section 16. 813.12 (4m) of the statutes is created to read:

AB293,8,2 813.12 (4m) Notice of restriction on firearm possession; surrender of firearms. (a) An injunction issued under sub. (4) shall do all of the following:

AB293,8,4 1. Inform the respondent named in the petition of the requirements and penalties under s. 941.29.

AB293,8,12 2. Require the respondent to surrender any firearms 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 family court commissioner. If a firearm is surrendered to a person designated by the respondent and approved by the judge or family court commissioner, the judge or family court commissioner shall inform the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4).

AB293,8,15 (b) A firearm surrendered under par. (a) 2. may not be returned to the respondent until a judge or family court commissioner determines all of the following:

AB293,8,17 1. That the injunction issued under sub. (4) has been vacated or has expired and not been extended.

AB293,8,20 2. That the person is not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which the judge or family court commissioner is competent to grant relief.

AB293,9,5 (c) If a respondent surrenders a firearm under par. (a) 2. that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to the circuit court for the county in which the person to whom the firearm was surrendered is located. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the firearm returned. If the court returns a firearm under this paragraph, the court shall inform the person to whom the firearm is returned of the requirements and penalties under s. 941.29 (4).

AB293, s. 17 Section 17. 813.12 (6) (am) of the statutes is created to read:

AB293,9,12 813.12 (6) (am) If an injunction is issued or extended under sub. (4) or if a tribal injunction is filed under sub. (9) (a), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c).

AB293, s. 18 Section 18. 813.12 (9) (a) 4. of the statutes is created to read:

AB293,9,15 813.12 (9) (a) 4. The tribal injunction includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29.

AB293, s. 19 Section 19. 813.122 (5m) of the statutes is created to read:

AB293,9,18 813.122 (5m) Notice of restriction on firearm possession; surrender of firearms. (a) An injunction issued under sub. (5) shall do all of the following:

AB293,9,20 1. Inform the respondent named in the petition of the requirements and penalties under s. 941.29.

AB293,9,25 2. Require the respondent to surrender any firearms 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 court commissioner. If a firearm is surrendered to a person designated by the respondent and approved by the judge or court commissioner, the judge or court commissioner shall inform the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4).

AB293,10,5 (b) A firearm surrendered under par. (a) 2. may not be returned to the respondent until a judge or court commissioner determines all of the following:

AB293,10,7 1. That the injunction issued under sub. (5) has been vacated or has expired and not been extended.

AB293,10,10 2. That the person is not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which the judge or court commissioner is competent to grant relief.

AB293,10,20 (c) If a respondent surrenders a firearm under par. (a) 2. that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to the circuit court for the county in which the person to whom the firearm was surrendered is located. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the firearm returned. If the court returns a firearm under this paragraph, the court shall inform the person to whom the firearm is returned of the requirements and penalties under s. 941.29 (4).

AB293, s. 20 Section 20. 813.122 (9) (am) of the statutes is created to read:

AB293,11,2 813.122 (9) (am) If an injunction is issued or extended under sub. (5), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c).

AB293, s. 21 Section 21. 813.125 (4m) of the statutes is created to read:

AB293,11,5 813.125 (4m) Notice of restriction on firearm possession; surrender of firearms. (a) An injunction issued under sub. (4) shall do all of the following:

AB293,11,7 1. Inform the respondent named in the petition of the requirements and penalties under s. 941.29.

AB293,11,15 2. Require the respondent to surrender any firearms 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 court commissioner. If a firearm is surrendered to a person designated by the respondent and approved by the judge or court commissioner, the judge or court commissioner shall inform the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4).

AB293,11,17 (b) A firearm surrendered under par. (a) 2. may not be returned to the respondent until a judge or court commissioner determines all of the following:

AB293,11,19 1. That the injunction issued under sub. (4) has been vacated or has expired and not been extended.

AB293,11,22 2. That the person is not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which the judge or court commissioner is competent to grant relief.

AB293,12,7 (c) If a respondent surrenders a firearm under par. (a) 2. that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to the circuit court for the county in which the person to whom the firearm was surrendered is located. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the firearm returned. If the court returns a firearm under this paragraph, the court shall inform the person to whom the firearm is returned of the requirements and penalties under s. 941.29 (4).

AB293, s. 22 Section 22. 813.125 (5r) of the statutes is created to read:

AB293,12,14 813.125 (5r) Notice to department of justice. If an injunction is issued or extended under sub. (4), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c).

AB293, s. 23 Section 23. 941.29 (1) (f) of the statutes is created to read:

AB293,12,17 941.29 (1) (f) Enjoined under an injunction issued under s. 813.12, 813.122 or 813.125 or under a tribal injunction that has been filed under s. 813.12 (9) (a).

AB293, s. 24 Section 24. 941.29 (2) of the statutes is renumbered 941.29 (2) (intro.) and amended to read:

AB293,12,21 941.29 (2) (intro.) Any A person specified in sub. (1) who, is guilty of a Class E felony if he or she possesses a firearm under any of the following circumstances:

AB293,12,23 (a) The person possesses a firearm subsequent to the conviction for the felony or other crime, as specified in sub. (1), (a) or (b).

AB293,12,25 (b) The person possesses a firearm subsequent to the adjudication, as specified in sub. (1) (bm), or.

AB293,13,3 (c) The person possesses a firearm subsequent to the finding of not guilty or not responsible by reason of insanity or mental disease, defect or illness , possesses a firearm is guilty of a Class E felony as specified in sub. (1) (c) or (d).

AB293, s. 25 Section 25. 941.29 (2) (d) of the statutes is created to read:

AB293,13,6 941.29 (2) (d) The person possesses a firearm while subject to the court order, as specified in sub. (1) (e).

AB293, s. 26 Section 26. 941.29 (2) (e) of the statutes is created to read:

AB293,13,9 941.29 (2) (e) The person possesses a firearm while the injunction, as specified in sub. (1) (f), is in effect.

AB293, s. 27 Section 27. Initial applicability.

AB293,13,14 (1)  Criminal penalties for possession of a firearm. The treatment of section 941.29 (1) (f) and (2) of the statutes and the creation of section 941.29 (2) (d) and (e) of the statutes first apply to persons who possess a firearm on the effective date of this subsection.

AB293,13,18 (2)  Firearms restrictions record searches. The treatment of section 175.35 (1) (at) and (bg), (2) (c) and (d), (2f), (2g) (b) and (c) (intro.), 3. and 4., (2i), (2j), (2k) (a) 2. and (b) 2.a. and (2L) of the statutes first applies to the sale of a handgun on the effective date of this subsection.

AB293,13,19 (3)  Proceedings for injunctions.

AB293,13,22 (a)  The treatment of section 813.12 (4m), (6) (am) and (9) (a) 4. of the statutes first applies to proceedings in which a petition is filed, under section 813.12 (2) of the statutes, on the effective date of this paragraph.

AB293,13,25 (b)  The treatment of section 813.122 (5m) and (9) (am) of the statutes first applies to proceedings in which a petition is filed, under section 813.122 (2) of the statutes, on the effective date of this paragraph.

AB293,14,3 (c)  The treatment of section 813.125 (4m) and (5r) of the statutes first applies to proceedings in which a petition is filed, under section 813.125 (2) of the statutes, on the effective date of this paragraph.

AB293,14,4 (End)