AB464: Bill Text

AB464,11,20 5. The court, after considering all relevant factors and any input from the petitioner, approves the surrender of the firearm.

AB464,11,24 (b) The respondent surrenders his or her firearm to a sheriff no later than 48 hours after the injunction hearing ordering the respondent to surrender his or her firearm and provides a copy of the receipt to the clerk of courts as provided in sub. (6) (b).

AB464,12,5 (4) Hearing to surrender firearms. (a) Unless the court dismisses the hearing to surrender firearms, a respondent for whom a hearing to surrender firearms has been scheduled must attend the hearing. If the respondent fails to attend the hearing to surrender firearms, the court shall issue an arrest warrant for the respondent and shall proceed under ch. 785 against him or her for contempt of court.

AB464,12,10 (b) At the hearing to surrender firearms, the court shall ensure that the respondent has completed a firearm possession form, shall verify the information provided on the firearm possession form if the information was not already verified under sub. (2) (a), shall make an inquiry on the record as to the contents of the firearm possession form, and shall do one of the following:

AB464,12,12 1. If the respondent wants to surrender his or her firearms to a person who is not the sheriff, permit the surrender if all of the following apply:

AB464,12,14 a. The respondent and the person to whom the respondent is surrendering his or her firearm appear at the hearing to surrender firearms.

AB464,12,16 b. At the hearing to surrender firearms, the person testifies under oath that the person has received the firearms listed on the respondent's firearm possession form.

AB464,12,18 c. At the hearing to surrender firearms, the court determines that the person is not prohibited from possessing a firearm.

AB464,12,20 d. The court informs the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4).

AB464,12,22 e. The court, after considering all relevant factors and any input from the petitioner, approves the surrender of the firearm.

AB464,13,2 2. Order the respondent to surrender any firearm on the respondent's firearm possession form to a sheriff in accordance with sub. (6) within 48 hours. If the respondent fails to comply with the order, the court shall issue a warrant for the respondent's arrest and shall proceed under ch. 785 against him or her for contempt of court.

AB464,13,7 (5) Firearm possession form and petition for the return of firearms. (a) The director of state courts shall develop a firearm possession form. Any false information provided on the form by the respondent may be subject to a penalty of false swearing under s. 946.32. The director of state courts shall ensure that the firearm possession form does all of the following:

AB464,13,8 1. Requires the respondent to list his or her name and address.

AB464,13,9 2. Includes space for the respondent's signature and date signed.

AB464,13,14 3. Requires the respondent to indicate whether he or she owns or possesses any firearm or has owned or possessed any firearm in the 6 months immediately preceding the issuance of the injunction, and, if the answer is yes, to list the quantity and the make and model of each firearm and to note whether the firearm was sold or surrendered and whether he or she has a receipt for the firearm sale or surrender.

AB464,13,15 4. Gives notice of the penalty for false swearing under s. 946.32.

AB464,13,17 (b) The director of state courts shall develop a petition for the return of firearms in substantially the following form:

AB464,13,18 STATE OF WISCONSIN

AB464,13,19 IN CIRCUIT COURT FOR .... COUNTY

AB464,13,20 Petition to Return Firearm(s)

AB464,13,22 In re the Return of Firearms to (name of person required to surrender firearms in an injunction action)

AB464,13,24 Requesting person's information: date of birth, sex, race, height, weight, hair color, eye color, address, and phone number.

AB464,13,25 Under oath I state that:

AB464,14,2 1. The court issued an injunction against me on (date of injunction). The injunction was issued based on a:

AB464,14,3 Domestic Abuse petition.

AB464,14,4 Child Abuse petition.

AB464,14,5 Harassment petition.

AB464,14,7 2. The court ordered me to surrender any firearms I owned or had in my possession to:

AB464,14,8 the sheriff of this county.

AB464,14,9 the sheriff of the county in which I resided, which is (name of county).

AB464,14,10 to the following person:

AB464,14,11 name:

AB464,14,12 address:

AB464,14,15 3. I surrendered the following firearms as provided in item 2. and have attached a receipt from the sheriff or from the third person (if the person did not provide a receipt, attach a description of the firearm(s)):

AB464,14,16 4. The injunction has (been vacated) (expired and has not been extended).

AB464,14,18 5. I (have) (have not) been convicted of a misdemeanor crime of domestic violence.

AB464,14,19 6. I (have) (have not) been convicted of a felony.

AB464,14,22 7. I am 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 a judge or family court commissioner is competent to grant relief.

AB464,14,25 I request that the court enter an order directing that the person named under item 2. return to me those firearms that were surrendered under the order of the court.

AB464,15,1 Subscribed and sworn to before me on (date)

AB464,15,2 (Signature of person requesting return of firearms)

AB464,15,3 (Signature of notary public, state of Wisconsin)

AB464,15,4 My commission expires on (date)

AB464,15,5 Dated this .... day of ...., .... (year)

AB464,15,6 Distribution:

AB464,15,8 1. Court - original 2. Petitioner in injunction action 3. Person to whom firearm(s) were surrendered)

AB464,15,9 (6) Surrender of firearm to sheriff.

AB464,15,16 (e) 2. If an injunction expires and is not extended, or an injunction is vacated, a sheriff may charge the respondent for any costs incurred 30 days after the injunction expires for storage of the firearm surrendered to the sheriff due to that injunction. A sheriff may dispose of a firearm surrendered to the sheriff due to that injunction 12 months after the injunction expires or is vacated and, if the sheriff disposes of the firearm, the sheriff may charge the respondent for the costs of disposal.

AB464,15,17 (7) Return of firearm.

AB464,26 Section 26. 938.25 (6) of the statutes is amended to read:

AB464,16,2 938.25 (6) Temporary restraining order and injunction. If a proceeding is brought under s. 938.13, any party to or any governmental or social agency involved in the proceeding may petition the court to issue a temporary restraining order and injunction as provided in s. 813.122 or 813.125. The court shall follow the procedure under s. 813.122 or 813.125 except that the court may combine hearings authorized under s. 813.122 or 813.125 and this chapter, the petitioner for the temporary restraining order and injunction is not subject to the limitations under s. 813.122 (2) (a) or 813.125 (2) and no fee is required regarding the filing of the petition under s. 813.122 or 813.125.

AB464,27 Section 27. Initial applicability.

AB464,16,5 (1) This act first applies to a petition filed on the effective date of this subsection.

AB464,28 Section 28. Effective date.

AB464,16,8 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB464,16,9 (End)