LRB-4268/1
CMH:eev:jm
2013 - 2014 LEGISLATURE
February 17, 2014 - Introduced by Senators Petrowski, L. Taylor, Ellis,
Carpenter, Hansen, Harris, Lehman, Risser and Shilling, cosponsored by
Representatives Bies, Berceau, Bernard Schaber, Bernier, Bewley,
Billings, Brooks, Hebl, Hintz, Jacque, Johnson, Murphy, A. Ott and
Richards. Referred to Committee on Transportation, Public Safety, and
Veterans and Military Affairs.
SB605,1,10 1An Act to repeal 813.122 (5m) (am), 813.122 (5m) (aw), 813.122 (5m) (b) and (c),
2813.125 (4m) (cm), 813.125 (4m) (cw) and 813.125 (4m) (d) and (e); to renumber
3813.122 (2); to renumber and amend 813.12 (4m) (am), 813.12 (4m) (aw),
4813.12 (4m) (b) and 813.12 (4m) (c); to amend 48.25 (6), 813.12 (4m) (a) 1.,
5813.12 (4m) (a) 2., 813.122 (5m) (a) 1., 813.122 (5m) (a) 2., 813.125 (4) (a) 2.,
6813.125 (4m) (c) 1., 813.125 (4m) (c) 2., 813.125 (6) (c) and 938.25 (6); and to
7create
785.01 (1) (bp) and (br), 813.12 (2) (c), 813.122 (2) (b), 813.125 (4) (a) 2.
8a., b. and c. and 813.1285 of the statutes; relating to: providing notice of
9firearm prohibition when serving notice for certain injunction hearings and
10process for surrendering firearms following the granting of certain injunctions.
Analysis by the Legislative Reference Bureau
Under current law, a person is prohibited from possessing a firearm and must
surrender any firearm he or she possesses if he or she is subject to a domestic abuse
injunction, a child abuse injunction, or, if the court determines that he or she may
use a firearm to harm another or endanger public safety, a harassment injunction
(injunction). A person who is subject to an injunction (respondent) must surrender

his or her firearm to a sheriff or to a third party approved by the court and is guilty
of a Class G felony if convicted of possessing a firearm while subject to the injunction.
This bill creates a procedure for notifying a person, when the person is served with
a petition for an injunction hearing, of the prohibition against possessing a firearm
and of the requirement to surrender any firearm.
The bill also creates a procedure for surrendering firearms after the court
grants an injunction. If the respondent is present at the injunction hearing, he or
she must provide the court with a completed firearm possession form, which requests
information such as whether the respondent possesses, or has possessed in the
previous six months, any firearm and, if so, the quantity and the make and model
of the firearm. If the respondent is not present at the injunction hearing, the court
must provide the petitioner the opportunity to inform the court, orally or in writing,
whether he or she believes that the respondent possesses a firearm. If the court is
satisfied that the respondent does not possess a firearm, the court must file the
firearm possession form. If the firearm possession form or the petitioner indicates
that the respondent possesses a firearm, or if the court is not satisfied that the
respondent does not possess a firearm, the court must schedule a hearing to
surrender firearms to occur with one week of the injunction hearing. The court must
dismiss the hearing if the respondent surrenders his or her firearms to a sheriff
within 48 hours or, if the respondent appeared at the injunction hearing and the
court approves of the surrender, to another person who also appeared at the
injunction hearing, who testifies under oath that the person received all of the
firearms on the firearm possession form, who is not prohibited by law from
possessing a firearm, and who is informed of the penalties for furnishing a firearm
to a person who is prohibited by law from possessing a firearm (qualified person).
If the court does not dismiss the hearing to surrender firearms, the respondent
must attend the hearing. A respondent who fails is in contempt of court and the court
must issue an arrest warrant. At the hearing to surrender firearms the court must
verify all of the information on the firearm possession form and either permit the
surrender to a qualified person or order the respondent to surrender his or her
firearms to the sheriff within 48 hours. A respondent who fails to comply with an
order to surrender his or her firearms to a sheriff is in contempt of court and the court
must issue an arrest warrant.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB605,1 1Section 1. 48.25 (6) of the statutes is amended to read:
SB605,3,72 48.25 (6) If a proceeding is brought under s. 48.13, any party to or any
3governmental or social agency involved in the proceeding may petition the court to

1issue a temporary restraining order and injunction as provided in s. 813.122 or
2813.125. The court exercising jurisdiction under this chapter shall follow the
3procedure under s. 813.122 or 813.125 except that the court may combine hearings
4authorized under s. 813.122 or 813.125 and this chapter, the petitioner for the
5temporary restraining order and injunction is not subject to the limitations under s.
6813.122 (2) (a) or 813.125 (2) and no fee is required regarding the filing of the petition
7under s. 813.122 or 813.125.
SB605,2 8Section 2. 785.01 (1) (bp) and (br) of the statutes are created to read:
SB605,3,109 785.01 (1) (bp) Failure to attend a hearing to surrender firearms as required
10under s. 813.1285 (4) (a);
SB605,3,1111 (br) Violation of an order under s. 813.1285 (4) (b) 2.;
SB605,3 12Section 3. 813.12 (2) (c) of the statutes is created to read:
SB605,3,1513 813.12 (2) (c) When the respondent is served with the petition under this
14subsection, the person who serves the respondent shall also provide the respondent
15all of the following information:
SB605,3,1716 1. Notice of the requirements and penalties under s. 941.29 (1) (f) and (2) (e)
17and notice of any similar applicable federal laws and penalties.
SB605,3,2018 2. An explanation of s. 813.1285, including the procedures for surrendering a
19firearm and the circumstances listed under s. 813.1285 under which a respondent
20must appear at a hearing to surrender firearms.
SB605,3,2221 3. A firearm possession form developed under s. 813.1285 (5) (a), with
22instructions for completing and returning the form.
SB605,4 23Section 4. 813.12 (4m) (a) 1. of the statutes is amended to read:
SB605,4,3
1813.12 (4m) (a) 1. Inform the respondent named in the petition of the
2requirements and penalties under s. 941.29 and any similar applicable federal laws
3and penalties
.
SB605,5 4Section 5. 813.12 (4m) (a) 2. of the statutes is amended to read:
SB605,4,165 813.12 (4m) (a) 2. Except as provided in par. (ag), require in writing the
6respondent to surrender any firearms that he or she owns or has in his or her
7possession to the sheriff of the county in which the action under this section was
8commenced, to the sheriff of the county in which the respondent resides or to another
9person designated by the respondent and approved by the judge or circuit court
10commissioner. The judge or circuit court commissioner shall approve the person
11designated by the respondent unless the judge or circuit court commissioner finds
12that the person is inappropriate and places the reasons for the finding on the record.
13If a firearm is surrendered to a person designated by the respondent and approved
14by the judge or circuit court commissioner, the judge or circuit court commissioner
15shall inform the person to whom the firearm is surrendered of the requirements and
16penalties under s. 941.29 (4)
in accordance with s. 813.1285.
SB605,6 17Section 6. 813.12 (4m) (am) of the statutes is renumbered 813.1285 (6) and
18amended to read:
SB605,4,2419 813.1285 (6) (a) When a respondent surrenders a firearm under par. (a) 2. sub.
20(3) (b) or (4) (b) 2.
to a sheriff, the sheriff who is receiving the firearm shall prepare
21a receipt for each firearm surrendered to him or her. The receipt shall include the
22date on which the firearm was surrendered and the manufacturer, model, and serial
23number of the firearm surrendered to the sheriff and shall be signed by the
24respondent and by the sheriff to whom the firearm is surrendered.
SB605,5,6
1(b) The sheriff shall keep the original of a receipt prepared under subd. 1. par.
2(a)
and shall provide an exact copy 2 copies of the receipt to the respondent. The
3respondent shall provide one copy of the receipt to the clerk of courts within 48 hours
4of the order to surrender firearms.
When the firearm covered by the receipt is
5returned to the respondent under par. (b) sub. (7), the sheriff shall surrender to the
6respondent the original receipt and all of his or her copies of the receipt.
SB605,5,97 (c) A receipt prepared under subd. 1. par. (a) is conclusive proof that the
8respondent owns the firearm for purposes of returning the firearm covered by the
9receipt to the respondent under par. (b) sub. (7).
SB605,5,1310 (d) The sheriff may not enter any information contained on a receipt prepared
11under subd. 1. par. (a) into any computerized or direct electronic data transfer system
12in order to store the information or, except as provided in par. (b), disseminate or
13provide access to the information.
SB605,7 14Section 7. 813.12 (4m) (aw) of the statutes is renumbered 813.1285 (6) (e) 1.
15and amended to read:
SB605,5,2016 813.1285 (6) (e) 1. A sheriff may store a firearm surrendered to him or her
17under par. (a) 2. sub. (3) (b) or (4) (b) 2. in a warehouse that is operated by a public
18warehouse keeper licensed under ch. 99. If a sheriff stores a firearm at a warehouse
19under this paragraph subdivision, the respondent shall pay the costs charged by the
20warehouse for storing that firearm.
SB605,8 21Section 8. 813.12 (4m) (b) of the statutes is renumbered 813.1285 (7) (a), and
22813.1285 (7) (a) (intro.) and 1., as renumbered, are amended to read:
SB605,6,223 813.1285 (7) (a) (intro.) A firearm surrendered under par. (a) 2. this section may
24not be returned to the respondent until the respondent completes a petition for the

1return of firearms and
a judge or circuit court commissioner determines all of the
2following:
SB605,6,53 1. That the injunction issued under sub. (4) s. 813.12 (4), 813.122 (5), or 813.125
4(4), whichever required the surrender of the firearm,
has been vacated or has expired
5and not been extended.
SB605,9 6Section 9. 813.12 (4m) (c) of the statutes is renumbered 813.1285 (7) (b) and
7amended to read:
SB605,6,178 813.1285 (7) (b) If a respondent surrenders a firearm under par. (a) 2. this
9section
that is owned by a person other than the respondent, the person who owns
10the firearm may apply for its return to the circuit court for the county in which the
11person to whom the firearm was surrendered is located. The court shall order such
12notice as it considers adequate to be given to all persons who have or may have an
13interest in the firearm and shall hold a hearing to hear all claims to its true
14ownership. If the right to possession is proved to the court's satisfaction, it shall
15order the firearm returned. If the court returns a firearm under this paragraph, the
16court shall inform the person to whom the firearm is returned of the requirements
17and penalties under s. 941.29 (4).
SB605,10 18Section 10. 813.122 (2) of the statutes is renumbered 813.122 (2) (a).
SB605,11 19Section 11. 813.122 (2) (b) of the statutes is created to read:
SB605,6,2220 813.122 (2) (b) When the respondent is served with the petition under this
21subsection, the person who serves the respondent shall also provide the respondent
22with all of the following information:
SB605,6,2423 1. Notice of the requirements and penalties under s. 941.29 (1) (f) and (2) (e)
24and notice of any similar applicable federal laws and penalties.
SB605,7,3
12. An explanation of s. 813.1285, including the procedures for surrendering a
2firearm and the circumstances listed under s. 813.1285 under which a respondent
3must appear at a hearing to surrender firearms.
SB605,7,54 3. A firearm possession form developed under s. 813.1285 (5), with instructions
5for completing and returning the form.
SB605,12 6Section 12. 813.122 (5m) (a) 1. of the statutes is amended to read:
SB605,7,97 813.122 (5m) (a) 1. Inform the respondent named in the petition of the
8requirements and penalties under s. 941.29 and any similar applicable federal laws
9and penalties
.
SB605,13 10Section 13. 813.122 (5m) (a) 2. of the statutes is amended to read:
SB605,7,2211 813.122 (5m) (a) 2. Except as provided in par. (ag), require in writing the
12respondent to surrender any firearms that he or she owns or has in his or her
13possession to the sheriff of the county in which the action under this section was
14commenced, to the sheriff of the county in which the respondent resides or to another
15person designated by the respondent and approved by the judge or circuit court
16commissioner. The judge or circuit court commissioner shall approve the person
17designated by the respondent unless the judge or circuit court commissioner finds
18that the person is inappropriate and places the reasons for the finding on the record.
19If a firearm is surrendered to a person designated by the respondent and approved
20by the judge or circuit court commissioner, the judge or circuit court commissioner
21shall inform the person to whom the firearm is surrendered of the requirements and
22penalties under s. 941.29 (4)
in accordance with s. 813.1285.
SB605,14 23Section 14. 813.122 (5m) (am) of the statutes is repealed.
SB605,15 24Section 15. 813.122 (5m) (aw) of the statutes is repealed.
SB605,16 25Section 16. 813.122 (5m) (b) and (c) of the statutes are repealed.
SB605,17
1Section 17. 813.125 (4) (a) 2. of the statutes is amended to read:
SB605,8,92 813.125 (4) (a) 2. The petitioner serves upon the respondent a copy of a
3restraining order obtained under sub. (3) and notice of the time for the hearing on
4the issuance of the injunction under sub. (3) (c). The restraining order or notice of
5hearing served under this subdivision shall inform the respondent that, if the judge
6or circuit court commissioner issues an injunction, the judge or circuit court
7commissioner may also order the respondent not to possess a firearm while the
8injunction is in effect. The person who serves the respondent with the order or notice
9shall also provide the respondent with all of the following information:
SB605,18 10Section 18. 813.125 (4) (a) 2. a., b. and c. of the statutes are created to read:
SB605,8,1211 813.125 (4) (a) 2. a. Notice of the requirements and penalties under s. 941.29
12(1) (g) and (2) (d) and notice of any similar applicable federal laws and penalties.
SB605,8,1513 b. An explanation of s. 813.1285, including the procedures for surrendering a
14firearm and the circumstances listed under s. 813.1285 under which a respondent
15must appear at a hearing to surrender firearms.
SB605,8,1716 c. A firearm possession form developed under s. 813.1285 (5), with instructions
17for completing and returning the form.
SB605,19 18Section 19. 813.125 (4m) (c) 1. of the statutes is amended to read:
SB605,8,2119 813.125 (4m) (c) 1. Inform the respondent named in the petition of the
20requirements and penalties under s. 941.29 and any similar applicable federal laws
21and penalties
.
SB605,20 22Section 20. 813.125 (4m) (c) 2. of the statutes is amended to read:
SB605,9,923 813.125 (4m) (c) 2. Except as provided in par. (cg), require in writing the
24respondent to surrender any firearms that he or she owns or has in his or her
25possession to the sheriff of the county in which the action under this section was

1commenced, to the sheriff of the county in which the respondent resides or to another
2person designated by the respondent and approved by the judge or circuit court
3commissioner. The judge or circuit court commissioner shall approve the person
4designated by the respondent unless the judge or circuit court commissioner finds
5that the person is inappropriate and places the reasons for the finding on the record.
6If a firearm is surrendered to a person designated by the respondent and approved
7by the judge or circuit court commissioner, the judge or circuit court commissioner
8shall inform the person to whom the firearm is surrendered of the requirements and
9penalties under s. 941.29 (4)
in accordance with s. 813.1285.
SB605,21 10Section 21. 813.125 (4m) (cm) of the statutes is repealed.
SB605,22 11Section 22. 813.125 (4m) (cw) of the statutes is repealed.
SB605,23 12Section 23. 813.125 (4m) (d) and (e) of the statutes are repealed.
SB605,24 13Section 24. 813.125 (6) (c) of the statutes is amended to read:
SB605,9,1914 813.125 (6) (c) A respondent who does not appear at a hearing at which the
15court orders an injunction under sub. (4) but who has been served with a copy of the
16petition and notice of the time for hearing under sub. (4) (a) 2. that includes the
17information required under sub. (4) (a) 2. a., b., and c.
has constructive knowledge
18of the existence of the injunction and shall be arrested for violation of the injunction
19regardless of whether he or she has been served with a copy of the injunction.
SB605,25 20Section 25. 813.1285 of the statutes is created to read:
SB605,9,22 21813.1285 Notice and process for firearm surrender. (1) Definitions. In
22this section:
SB605,9,2323 (a) "Firearm possession form" means the form developed under sub. (5) (a).
SB605,9,2524 (b) "Petitioner" means an individual who is applying for, or for whom a court
25has granted, an injunction under s. 813.12 (4), 813.122 (5), or 813.125 (4).
SB605,10,2
1(c) "Petition for the return of firearms" means a petition developed under sub.
2(5) (b).
SB605,10,53 (d) "Respondent" means the individual who is the subject of an injunction
4issued under s. 813.12 (4) or 813.122 (5), or, if the court has required the individual
5to surrender his or her firearms under s. 813.125 (4m), under s. 813.125 (4).
SB605,10,10 6(2) Firearm possession determination. (a) If the respondent is present at the
7injunction hearing, the respondent shall provide the court a completed firearm
8possession form. The court shall verify the information on the firearm possession
9form and shall make an inquiry on the record as to the contents of the firearm
10possession form.
SB605,10,1711 (b) If the respondent is not present at the injunction hearing, the court shall
12provide the petitioner with an opportunity to inform the court orally or in writing
13whether he or she believes that the respondent possesses a firearm. If the petitioner
14informs the court that the respondent possesses a firearm, the court shall request the
15petitioner to inform the court orally or in writing how many firearms he or she
16believes the respondent possesses and the make and model of any firearm he or she
17believes the respondent possesses.
SB605,10,2118 (c) 1. If the firearm possession form submitted to the court under par. (a)
19indicates the respondent does not possess a firearm and the court, after an inquiry,
20is satisfied that the respondent does not possess a firearm, the court shall file the
21firearm possession form.
SB605,11,222 2. If the firearm possession form submitted to the court under par. (a) indicates
23the respondent possesses a firearm, if the petitioner indicates under par. (b) that the
24respondent possesses a firearm, or if the court is not satisfied that the respondent
25does not possess a firearm, the court shall schedule a hearing to surrender firearms

1to occur within one week of the injunction hearing. The court may schedule a hearing
2to surrender firearms for any other reason relevant to the surrender of firearms.
SB605,11,7 3(3) Surrender of firearms. Unless the court has noted another reason that is
4relevant to the surrender of firearms that would require the hearing to surrender
5firearms to occur, the court shall dismiss the hearing to surrender firearms
6scheduled under sub. (2) (c) 2. if the respondent surrenders his or her firearm in one
7of the following manners:
SB605,11,98 (a) The respondent surrenders his or her firearm to another person and all of
9the following apply:
SB605,11,1210 1. The respondent and the person to whom the respondent is surrendering his
11or her firearm appear at the injunction hearing under s. 813.12 (4), 813.122 (5), or
12813.125 (4), whichever is appropriate.
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