AB464: Bill Text

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)