AB948,37
4Section
37. 813.12 (4m) (title) of the statutes is amended to read:
AB948,13,65
813.12
(4m) (title)
Notice of restriction on firearm and firearm ammunition
6possession; surrender of firearms and firearm ammunition
.
AB948,38
7Section
38. 813.12 (4m) (a) 2. of the statutes is amended to read:
AB948,13,138
813.12
(4m) (a) 2. Except as provided in par. (ag), require in writing the
9respondent to surrender any firearms
and firearm ammunition that he or she owns
10or has in his or her possession to the sheriff of the county in which the action under
11this section was commenced, to the sheriff of the county in which the respondent
12resides or to another person designated by the respondent and approved by the judge
13or circuit court commissioner, in accordance with s. 813.1285.
AB948,39
14Section
39. 813.12 (4m) (ag) of the statutes is amended to read:
AB948,13,1815
813.12
(4m) (ag) If the respondent is a peace officer, an injunction issued under
16sub. (4) may not require the respondent to surrender a firearm
or firearm
17ammunition that he or she is required, as a condition of employment, to possess
18whether or not he or she is on duty.
AB948,40
19Section
40. 813.122 (2) (b) 2. of the statutes is amended to read:
AB948,13,2320
813.122
(2) (b) 2. An explanation of s. 813.1285, including the procedures for
21surrendering a firearm
and firearm ammunition and the circumstances listed under
22s. 813.1285 under which a respondent must appear at a hearing to surrender
23firearms
and firearm ammunition.
AB948,41
24Section
41. 813.122 (2) (b) 3. of the statutes is amended to read:
AB948,14,2
1813.122
(2) (b) 3. A firearm
and firearm ammunition possession form developed
2under s. 813.1285 (5) (a), with instructions for completing and returning the form.
AB948,42
3Section
42. 813.122 (5m) (title) of the statutes is amended to read:
AB948,14,54
813.122
(5m) (title)
Notice of restriction on firearm and firearm ammunition
5possession; surrender of firearms and firearm ammunition
.
AB948,43
6Section
43. 813.122 (5m) (a) 2. of the statutes is amended to read:
AB948,14,127
813.122
(5m) (a) 2. Except as provided in par. (ag), require in writing the
8respondent to surrender any firearms
and firearm ammunition that he or she owns
9or has in his or her possession to the sheriff of the county in which the action under
10this section was commenced, to the sheriff of the county in which the respondent
11resides or to another person designated by the respondent and approved by the judge
12or circuit court commissioner, in accordance with s. 813.1285.
AB948,44
13Section
44. 813.122 (5m) (ag) of the statutes is amended to read:
AB948,14,1714
813.122
(5m) (ag) If the respondent is a peace officer, an injunction issued
15under sub. (5) may not require the respondent to surrender a firearm
or firearm
16ammunition that he or she is required, as a condition of employment, to possess
17whether or not he or she is on duty.
AB948,45
18Section
45. 813.123 (5) (a) 2. (intro.) of the statutes is amended to read:
AB948,15,219
813.123
(5) (a) 2. (intro.) The petitioner serves upon the respondent a copy of
20the petition and notice of the time for hearing on the issuance of the injunction, or
21the respondent serves upon the petitioner notice of the time for hearing on the
22issuance of the injunction. The notice served under this subdivision shall inform the
23respondent that, if the judge or circuit court commissioner issues an injunction, the
24judge or circuit court commissioner may also order the respondent not to possess a
25firearm
or firearm ammunition while the injunction is in effect. The person who
1serves the respondent with the notice shall also provide the respondent with all of
2the following information:
AB948,46
3Section
46. 813.123 (5) (a) 2. b. of the statutes is amended to read:
AB948,15,74
813.123
(5) (a) 2. b. An explanation of s. 813.1285, including the procedures for
5surrendering a firearm
and firearm ammunition and the circumstances listed under
6s. 813.1285 under which a respondent must appear at a hearing to surrender
7firearms
and firearm ammunition.
AB948,47
8Section
47. 813.123 (5) (a) 2. c. of the statutes is amended to read:
AB948,15,119
813.123
(5) (a) 2. c. A firearm
and firearm ammunition possession form
10developed under s. 813.1285 (5) (a), with instructions for completing and returning
11the form.
AB948,48
12Section
48. 813.123 (5m) (title) of the statutes is amended to read:
AB948,15,1413
813.123
(5m) (title)
Restriction on firearm and firearm ammunition
14possession; surrender of firearms and firearm ammunition
.
AB948,49
15Section
49. 813.123 (5m) (a) of the statutes is amended to read:
AB948,15,2116
813.123
(5m) (a) If a judge or circuit court commissioner issues an injunction
17under sub. (5) and the judge or circuit court commissioner determines, based on clear
18and convincing evidence presented at the hearing on the issuance of the injunction,
19that the respondent may use a firearm to cause physical harm to another or to
20endanger public safety, the judge or circuit court commissioner may prohibit the
21respondent from possessing a firearm
or firearm ammunition.
AB948,50
22Section
50. 813.123 (5m) (b) of the statutes is amended to read:
AB948,15,2523
813.123
(5m) (b) An order prohibiting a respondent from possessing a firearm
24or firearm ammunition issued under par. (a) remains in effect until the expiration
25of the injunction issued under sub. (5).
AB948,51
1Section
51. 813.123 (5m) (c) (intro.) of the statutes is amended to read:
AB948,16,42
813.123
(5m) (c) (intro.) An order issued under par. (a) that prohibits a
3respondent from possessing a firearm
or firearm ammunition shall do all of the
4following:
AB948,52
5Section
52. 813.123 (5m) (c) 2. of the statutes is amended to read:
AB948,16,116
813.123
(5m) (c) 2. Except as provided in par. (d), require in writing the
7respondent to surrender any firearms
and firearm ammunition that he or she owns
8or has in his or her possession to the sheriff of the county in which the action under
9this section was commenced, to the sheriff of the county in which the respondent
10resides, or to another person designated by the respondent and approved by the judge
11or circuit court commissioner, in accordance with s. 813.1285.
AB948,53
12Section
53. 813.123 (5m) (d) of the statutes is amended to read:
AB948,16,1613
813.123
(5m) (d) If the respondent is a peace officer, an order issued under par.
14(a) may not require the respondent to surrender a firearm
or firearm ammunition 15that he or she is required, as a condition of employment, to possess whether or not
16he or she is on duty.
AB948,54
17Section
54. 813.123 (8m) (a) of the statutes is amended to read:
AB948,16,2518
813.123
(8m) (a) If an order prohibiting a respondent from possessing a firearm
19or firearm ammunition is issued under sub. (5m), the clerk of the circuit court shall
20notify the department of justice of the existence of the order prohibiting a respondent
21from possessing a firearm
or firearm ammunition and shall provide the department
22of justice with information concerning the period during which the order is in effect
23and information necessary to identify the respondent for purposes of responding to
24a request under s. 165.63 or for purposes of a firearms restrictions record search
25under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
AB948,55
1Section
55. 813.125 (4) (a) 2. (intro.) of the statutes is amended to read:
AB948,17,102
813.125
(4) (a) 2. (intro.) The petitioner serves upon the respondent a copy of
3a restraining 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
or firearm
8ammunition while the injunction is in effect. The person who serves the respondent
9with the order or notice shall also provide the respondent with all of the following
10information:
AB948,56
11Section
56. 813.125 (4) (a) 2. b. of the statutes is amended to read:
AB948,17,1512
813.125
(4) (a) 2. b. An explanation of s. 813.1285, including the procedures for
13surrendering a firearm
and firearm ammunition and the circumstances listed under
14s. 813.1285 under which a respondent must appear at a hearing to surrender
15firearms
and firearm ammunition.
AB948,57
16Section
57. 813.125 (4) (a) 2. c. of the statutes is amended to read:
AB948,17,1917
813.125
(4) (a) 2. c. A firearm
and firearm ammunition possession form
18developed under s. 813.1285 (5) (a), with instructions for completing and returning
19the form.
AB948,58
20Section
58. 813.125 (4m) (title) of the statutes is amended to read:
AB948,17,2221
813.125
(4m) (title)
Restriction on firearm and firearm ammunition
22possession; surrender of firearms and firearm ammunition
.
AB948,59
23Section
59. 813.125 (4m) (a) of the statutes is amended to read:
AB948,18,424
813.125
(4m) (a) If a judge or circuit court commissioner issues an injunction
25under sub. (4) and the judge or circuit court commissioner determines, based on clear
1and convincing evidence presented at the hearing on the issuance of the injunction,
2that the respondent may use a firearm to cause physical harm to another or to
3endanger public safety, the judge or circuit court commissioner may prohibit the
4respondent from possessing a firearm
or firearm ammunition.
AB948,60
5Section
60. 813.125 (4m) (b) of the statutes is amended to read:
AB948,18,86
813.125
(4m) (b) An order prohibiting a respondent from possessing a firearm
7or firearm ammunition issued under par. (a) remains in effect until the expiration
8of the injunction issued under sub. (4).
AB948,61
9Section
61. 813.125 (4m) (c) (intro.) of the statutes is amended to read:
AB948,18,1210
813.125
(4m) (c) (intro.) An order issued under par. (a) that prohibits a
11respondent from possessing a firearm
or firearm ammunition shall do all of the
12following:
AB948,62
13Section
62. 813.125 (4m) (c) 2. of the statutes is amended to read:
AB948,18,1914
813.125
(4m) (c) 2. Except as provided in par. (cg), require in writing the
15respondent to surrender any firearms
and firearm ammunition that he or she owns
16or has in his or her possession to the sheriff of the county in which the action under
17this section was commenced, to the sheriff of the county in which the respondent
18resides or to another person designated by the respondent and approved by the judge
19or circuit court commissioner, in accordance with s. 813.1285.
AB948,63
20Section
63. 813.125 (4m) (cg) of the statutes is amended to read:
AB948,18,2421
813.125
(4m) (cg) If the respondent is a peace officer, an order issued under par.
22(a) may not require the respondent to surrender a firearm
or firearm ammunition 23that he or she is required, as a condition of employment, to possess whether or not
24he or she is on duty.
AB948,64
25Section
64. 813.125 (5) (am) of the statutes is amended to read:
AB948,19,4
1813.125
(5) (am) The petition shall inform the respondent that, if the judge or
2circuit court commissioner issues an injunction, the judge or circuit court
3commissioner may also order the respondent not to possess a firearm
or firearm
4ammunition while the injunction is in effect.
AB948,65
5Section
65. 813.125 (5r) (a) of the statutes is amended to read:
AB948,19,136
813.125
(5r) (a) If an order prohibiting a respondent from possessing a firearm
7or firearm ammunition is issued under sub. (4m), the clerk of the circuit court shall
8notify the department of justice of the existence of the order prohibiting a respondent
9from possessing a firearm
or firearm ammunition and shall provide the department
10of justice with information concerning the period during which the order is in effect
11and information necessary to identify the respondent for purposes of responding to
12a request under s. 165.63 or for purposes of a firearms restrictions record search
13under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
AB948,66
14Section
66. 813.1285 (title) of the statutes is amended to read:
AB948,19,16
15813.1285 (title)
Notice and process for firearm and firearm ammunition 16surrender.
AB948,67
17Section
67. 813.1285 (1) (a) of the statutes is amended to read:
AB948,19,1918
813.1285
(1) (a) "Firearm
and firearm ammunition possession form" means the
19form developed under sub. (5) (a).
AB948,68
20Section
68. 813.1285 (1) (am) of the statutes is amended to read:
AB948,20,221
813.1285
(1) (am) "Injunction" means an injunction issued under s. 813.12 (4)
22or 813.122 (5); an injunction issued under s. 813.123 if the court has required the
23individual to surrender his or her firearms
and firearm ammunition under s. 813.123
24(5m); or an injunction issued under s. 813.125 if the court has required the individual
1to surrender his or her firearms
and firearm ammunition under s. 813.125 (4m).
2"Injunction" includes an injunction that has been stayed under this section.
AB948,69
3Section
69. 813.1285 (1) (c) of the statutes is amended to read:
AB948,20,54
813.1285
(1) (c) "Petition for the return of firearms
and firearm ammunition"
5means a petition developed under sub. (5) (b).
AB948,70
6Section
70. 813.1285 (1g) (a) of the statutes is amended to read:
AB948,20,97
813.1285
(1g) (a) Order the respondent to surrender, within a period that is no
8longer than 48 hours, any firearm
and firearm ammunition that he or she owns or
9possesses to the sheriff or, in the court's discretion, to another person.
AB948,71
10Section
71. 813.1285 (1g) (b) of the statutes is amended to read:
AB948,20,1211
813.1285
(1g) (b) Order that the respondent may possess or transport a firearm
12or firearm ammunition only for the purpose of complying with par. (a).
AB948,72
13Section
72. 813.1285 (1g) (c) of the statutes is amended to read:
AB948,20,1714
813.1285
(1g) (c) If the court stays an injunction, order the respondent subject
15to a temporary restraining order during the stay of the injunction and extend the
16temporary restraining order for a period of 48 hours for the purpose of firearm
and
17firearm ammunition surrender.
AB948,73
18Section
73. 813.1285 (1g) (d) of the statutes is amended to read:
AB948,20,2119
813.1285
(1g) (d) Inform the respondent when the injunction will take effect
20and the penalty for possessing a firearm
or firearm ammunition while the injunction
21is in effect.
AB948,74
22Section
74. 813.1285 (1g) (e) of the statutes is amended to read:
AB948,20,2423
813.1285
(1g) (e) Instruct the respondent how to surrender any firearm
and
24firearm ammunition.
AB948,75
25Section
75. 813.1285 (1g) (f) of the statutes is amended to read:
AB948,21,2
1813.1285
(1g) (f) If appropriate, order the respondent to attend a hearing to
2surrender firearms
and firearm ammunition.
AB948,76
3Section
76. 813.1285 (2) (title) of the statutes is amended to read:
AB948,21,44
813.1285
(2) (title)
Firearm or firearm ammunition possession determination.
AB948,77
5Section
77. 813.1285 (2) (a) of the statutes is amended to read:
AB948,21,126
813.1285
(2) (a) If the respondent is present at the injunction hearing, the court
7shall stay the injunction for a period not to exceed 48 hours and shall extend the
8temporary restraining order for 48 hours for the purpose of firearm
and firearm
9ammunition surrender. The respondent shall provide the court a completed firearm
10and firearm ammunition possession form. The court shall verify the information on
11the firearm
and firearm ammunition possession form and shall make an inquiry on
12the record as to the contents of the firearm
and firearm ammunition possession form.
AB948,78
13Section
78. 813.1285 (2) (b) of the statutes is amended to read:
AB948,21,2214
813.1285
(2) (b) If the respondent is not present at the injunction hearing, the
15court shall provide the petitioner with an opportunity to inform the court orally or
16in writing whether he or she believes that the respondent possesses a firearm
or
17firearm ammunition. If the petitioner informs the court that the respondent
18possesses a firearm
or firearm ammunition, the court shall request the petitioner to
19inform the court orally or in writing how
much firearm ammunition and how many
20firearms he or she believes the respondent possesses, the make and model of any
21firearm he or she believes the respondent possesses, and the location of any firearm
22or firearm ammunition he or she believes the respondent possesses.
AB948,79
23Section
79. 813.1285 (2) (c) 1. of the statutes is amended to read:
AB948,22,424
813.1285
(2) (c) 1. If the firearm
and firearm ammunition possession form
25submitted to the court under par. (a) or (b) indicates the respondent does not possess
1a firearm
or firearm ammunition, and the court, after an inquiry, is satisfied that the
2respondent does not possess a firearm
or firearm ammunition, the court shall file the
3firearm
and firearm ammunition possession form, lift the stay of the injunction, and
4dismiss the temporary restraining order extended under par. (a).
AB948,80
5Section
80. 813.1285 (2) (c) 2. of the statutes is amended to read:
AB948,22,126
813.1285
(2) (c) 2. If, under par. (a), the firearm
and firearm ammunition 7possession form submitted to the court indicates the respondent possesses a firearm
8or firearm ammunition, and the respondent has not surrendered his or her firearm
9and firearm ammunition as described under sub. (3) (a), the court shall continue to
10stay the injunction as provided under par. (a) for a period not to exceed 48 hours, issue
11a surrender and extend order, and schedule a hearing to surrender firearms
and
12firearm ammunition to occur within one week of the injunction hearing.
AB948,81
13Section
81. 813.1285 (2) (c) 3. (intro.) of the statutes is amended to read: