AB948: Bill Text

AB948,53 Section 53. 813.123 (5m) (d) of the statutes is amended to read:

AB948,16,16 813.123 (5m) (d) If the respondent is a peace officer, an order issued under par. (a) may not require the respondent to surrender a firearm or firearm ammunition that he or she is required, as a condition of employment, to possess whether or not he or she is on duty.

AB948,54 Section 54. 813.123 (8m) (a) of the statutes is amended to read:

AB948,16,25 813.123 (8m) (a) If an order prohibiting a respondent from possessing a firearm or firearm ammunition is issued under sub. (5m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm or firearm ammunition and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of responding to a request under s. 165.63 or for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB948,55 Section 55. 813.125 (4) (a) 2. (intro.) of the statutes is amended to read:

AB948,17,10 813.125 (4) (a) 2. (intro.) The petitioner serves upon the respondent a copy of a restraining order obtained under sub. (3) and notice of the time for the hearing on the issuance of the injunction under sub. (3) (c). The restraining order or notice of hearing served under this subdivision shall inform the respondent that, if the judge or circuit court commissioner issues an injunction, the judge or circuit court commissioner may also order the respondent not to possess a firearm or firearm ammunition while the injunction is in effect. The person who serves the respondent with the order or notice shall also provide the respondent with all of the following information:

AB948,56 Section 56. 813.125 (4) (a) 2. b. of the statutes is amended to read:

AB948,17,15 813.125 (4) (a) 2. b. An explanation of s. 813.1285, including the procedures for surrendering a firearm and firearm ammunition and the circumstances listed under s. 813.1285 under which a respondent must appear at a hearing to surrender firearms and firearm ammunition.

AB948,57 Section 57. 813.125 (4) (a) 2. c. of the statutes is amended to read:

AB948,17,19 813.125 (4) (a) 2. c. A firearm and firearm ammunition possession form developed under s. 813.1285 (5) (a), with instructions for completing and returning the form.

AB948,58 Section 58. 813.125 (4m) (title) of the statutes is amended to read:

AB948,17,22 813.125 (4m) (title) Restriction on firearm and firearm ammunition possession; surrender of firearms and firearm ammunition .

AB948,59 Section 59. 813.125 (4m) (a) of the statutes is amended to read:

AB948,18,4 813.125 (4m) (a) If a judge or circuit court commissioner issues an injunction under sub. (4) and the judge or circuit court commissioner determines, based on clear and convincing evidence presented at the hearing on the issuance of the injunction, that the respondent may use a firearm to cause physical harm to another or to endanger public safety, the judge or circuit court commissioner may prohibit the respondent from possessing a firearm or firearm ammunition.

AB948,60 Section 60. 813.125 (4m) (b) of the statutes is amended to read:

AB948,18,8 813.125 (4m) (b) An order prohibiting a respondent from possessing a firearm or firearm ammunition issued under par. (a) remains in effect until the expiration of the injunction issued under sub. (4).

AB948,61 Section 61. 813.125 (4m) (c) (intro.) of the statutes is amended to read:

AB948,18,12 813.125 (4m) (c) (intro.) An order issued under par. (a) that prohibits a respondent from possessing a firearm or firearm ammunition shall do all of the following:

AB948,62 Section 62. 813.125 (4m) (c) 2. of the statutes is amended to read:

AB948,18,19 813.125 (4m) (c) 2. Except as provided in par. (cg), require in writing the respondent to surrender any firearms and firearm ammunition 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 circuit court commissioner, in accordance with s. 813.1285.

AB948,63 Section 63. 813.125 (4m) (cg) of the statutes is amended to read:

AB948,18,24 813.125 (4m) (cg) If the respondent is a peace officer, an order issued under par. (a) may not require the respondent to surrender a firearm or firearm ammunition that he or she is required, as a condition of employment, to possess whether or not he or she is on duty.

AB948,64 Section 64. 813.125 (5) (am) of the statutes is amended to read:

AB948,19,4 813.125 (5) (am) The petition shall inform the respondent that, if the judge or circuit court commissioner issues an injunction, the judge or circuit court commissioner may also order the respondent not to possess a firearm or firearm ammunition while the injunction is in effect.

AB948,65 Section 65. 813.125 (5r) (a) of the statutes is amended to read:

AB948,19,13 813.125 (5r) (a) If an order prohibiting a respondent from possessing a firearm or firearm ammunition is issued under sub. (4m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm or firearm ammunition and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of responding to a request under s. 165.63 or for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB948,66 Section 66. 813.1285 (title) of the statutes is amended to read:

AB948,19,16 813.1285 (title) Notice and process for firearm and firearm ammunition surrender.

AB948,67 Section 67. 813.1285 (1) (a) of the statutes is amended to read:

AB948,19,19 813.1285 (1) (a) "Firearm and firearm ammunition possession form" means the form developed under sub. (5) (a).

AB948,68 Section 68. 813.1285 (1) (am) of the statutes is amended to read:

AB948,20,2 813.1285 (1) (am) "Injunction" means an injunction issued under s. 813.12 (4) or 813.122 (5); an injunction issued under s. 813.123 if the court has required the individual to surrender his or her firearms and firearm ammunition under s. 813.123 (5m); or an injunction issued under s. 813.125 if the court has required the individual to surrender his or her firearms and firearm ammunition under s. 813.125 (4m). "Injunction" includes an injunction that has been stayed under this section.

AB948,69 Section 69. 813.1285 (1) (c) of the statutes is amended to read:

AB948,20,5 813.1285 (1) (c) "Petition for the return of firearms and firearm ammunition" means a petition developed under sub. (5) (b).

AB948,70 Section 70. 813.1285 (1g) (a) of the statutes is amended to read:

AB948,20,9 813.1285 (1g) (a) Order the respondent to surrender, within a period that is no longer than 48 hours, any firearm and firearm ammunition that he or she owns or possesses to the sheriff or, in the court's discretion, to another person.

AB948,71 Section 71. 813.1285 (1g) (b) of the statutes is amended to read:

AB948,20,12 813.1285 (1g) (b) Order that the respondent may possess or transport a firearm or firearm ammunition only for the purpose of complying with par. (a).

AB948,72 Section 72. 813.1285 (1g) (c) of the statutes is amended to read:

AB948,20,17 813.1285 (1g) (c) If the court stays an injunction, order the respondent subject to a temporary restraining order during the stay of the injunction and extend the temporary restraining order for a period of 48 hours for the purpose of firearm and firearm ammunition surrender.

AB948,73 Section 73. 813.1285 (1g) (d) of the statutes is amended to read:

AB948,20,21 813.1285 (1g) (d) Inform the respondent when the injunction will take effect and the penalty for possessing a firearm or firearm ammunition while the injunction is in effect.

AB948,74 Section 74. 813.1285 (1g) (e) of the statutes is amended to read:

AB948,20,24 813.1285 (1g) (e) Instruct the respondent how to surrender any firearm and firearm ammunition.

AB948,75 Section 75. 813.1285 (1g) (f) of the statutes is amended to read:

AB948,21,2 813.1285 (1g) (f) If appropriate, order the respondent to attend a hearing to surrender firearms and firearm ammunition.

AB948,76 Section 76. 813.1285 (2) (title) of the statutes is amended to read:

AB948,21,4 813.1285 (2) (title) Firearm or firearm ammunition possession determination.

AB948,77 Section 77. 813.1285 (2) (a) of the statutes is amended to read:

AB948,21,12 813.1285 (2) (a) If the respondent is present at the injunction hearing, the court shall stay the injunction for a period not to exceed 48 hours and shall extend the temporary restraining order for 48 hours for the purpose of firearm and firearm ammunition surrender. The respondent shall provide the court a completed firearm and firearm ammunition possession form. The court shall verify the information on the firearm and firearm ammunition possession form and shall make an inquiry on the record as to the contents of the firearm and firearm ammunition possession form.

AB948,78 Section 78. 813.1285 (2) (b) of the statutes is amended to read:

AB948,21,22 813.1285 (2) (b) If the respondent is not present at the injunction hearing, the court shall provide the petitioner with an opportunity to inform the court orally or in writing whether he or she believes that the respondent possesses a firearm or firearm ammunition. If the petitioner informs the court that the respondent possesses a firearm or firearm ammunition, the court shall request the petitioner to inform the court orally or in writing how much firearm ammunition and how many firearms he or she believes the respondent possesses, the make and model of any firearm he or she believes the respondent possesses, and the location of any firearm or firearm ammunition he or she believes the respondent possesses.

AB948,79 Section 79. 813.1285 (2) (c) 1. of the statutes is amended to read:

AB948,22,4 813.1285 (2) (c) 1. If the firearm and firearm ammunition possession form submitted to the court under par. (a) or (b) indicates the respondent does not possess a firearm or firearm ammunition, and the court, after an inquiry, is satisfied that the respondent does not possess a firearm or firearm ammunition, the court shall file the firearm and firearm ammunition possession form, lift the stay of the injunction, and dismiss the temporary restraining order extended under par. (a).

AB948,80 Section 80. 813.1285 (2) (c) 2. of the statutes is amended to read:

AB948,22,12 813.1285 (2) (c) 2. If, under par. (a), the firearm and firearm ammunition possession form submitted to the court indicates the respondent possesses a firearm or firearm ammunition, and the respondent has not surrendered his or her firearm and firearm ammunition as described under sub. (3) (a), the court shall continue to stay the injunction as provided under par. (a) for a period not to exceed 48 hours, issue a surrender and extend order, and schedule a hearing to surrender firearms and firearm ammunition to occur within one week of the injunction hearing.

AB948,81 Section 81. 813.1285 (2) (c) 3. (intro.) of the statutes is amended to read:

AB948,22,19 813.1285 (2) (c) 3. (intro.) If, under par. (b), the petitioner indicates that the respondent possesses a firearm or firearm ammunition or if the court is not satisfied under subd. 1. that the respondent does not possess a firearm or firearm ammunition, the court shall schedule a hearing to surrender firearms and firearm ammunition to occur within one week of the injunction hearing. The court shall do one of the following:

AB948,82 Section 82. 813.1285 (2) (c) 4. of the statutes is amended to read:

AB948,22,23 813.1285 (2) (c) 4. The court may schedule a hearing to surrender firearms and firearm ammunition for any reason relevant to the surrender of firearms or firearm ammunition.

AB948,83 Section 83. 813.1285 (3) (title) of the statutes is amended to read:

AB948,22,25 813.1285 (3) (title) Surrender of firearms and firearm ammunition.

AB948,84 Section 84. 813.1285 (3) (a) (intro.) of the statutes is amended to read:

AB948,23,7 813.1285 (3) (a) (intro.) Unless the court has noted another reason that is relevant to the surrender of firearms and firearm ammunition that would require the hearing to surrender firearms and firearm ammunition to occur, the court shall dismiss the hearing to surrender firearms and firearm ammunition scheduled under sub. (2) (c) 2. or 3. if the respondent surrenders his or her firearm and firearm ammunition in one of the following manners:

AB948,85 Section 85. 813.1285 (3) (a) 1. (intro.) of the statutes is amended to read:

AB948,23,10 813.1285 (3) (a) 1. (intro.) The respondent surrenders his or her firearm and firearm ammunition to another person and all of the following apply:

AB948,86 Section 86. 813.1285 (3) (a) 1. a. of the statutes is amended to read:

AB948,23,14 813.1285 (3) (a) 1. a. The respondent and the person to whom the respondent is surrendering his or her firearm and firearm ammunition appear at the injunction hearing.

AB948,87 Section 87. 813.1285 (3) (a) 1. b. of the statutes is amended to read:

AB948,23,18 813.1285 (3) (a) 1. b. At the injunction hearing, the person testifies under oath that the person has received the firearms and firearm ammunition listed on the respondent's firearm and firearm ammunition possession form.

AB948,88 Section 88. 813.1285 (3) (a) 1. c. of the statutes is amended to read:

AB948,23,21 813.1285 (3) (a) 1. c. At the injunction hearing, the court determines that the person is not prohibited from possessing a firearm or firearm ammunition.

AB948,89 Section 89. 813.1285 (3) (a) 1. d. of the statutes is amended to read:

AB948,23,25 813.1285 (3) (a) 1. d. The court informs the person to whom the firearm and firearm ammunition is surrendered of the requirements and penalties under s. 941.29 (4).

AB948,90 Section 90. 813.1285 (3) (a) 1. e. of the statutes is amended to read:

AB948,24,4 813.1285 (3) (a) 1. e. The court, after considering all relevant factors and any input from the petitioner, approves the surrender of the firearm and firearm ammunition.

AB948,91 Section 91. 813.1285 (3) (a) 2. of the statutes is amended to read:

AB948,24,9 813.1285 (3) (a) 2. The respondent surrenders his or her firearm and firearm ammunition to a sheriff no later than 48 hours after the injunction hearing ordering the respondent to surrender his or her firearm and firearm ammunition and provides a copy of the receipt to the clerk of courts as provided in sub. (6) (b).

AB948,92 Section 92. 813.1285 (3) (a) 3. (intro) of the statutes is amended to read:

AB948,24,14 813.1285 (3) (a) 3. (intro.) The respondent surrenders his or her firearm and firearm ammunition to a sheriff as provided under subd. 2., and a person who appeared at the injunction hearing takes possession of the firearm and firearm ammunition from the sheriff, if all of the following apply:

AB948,93 Section 93. 813.1285 (3) (a) 3. b. of the statutes is amended to read:

AB948,24,17 813.1285 (3) (a) 3. b. The sheriff determines that the person is not prohibited from possessing a firearm or firearm ammunition.

AB948,94 Section 94. 813.1285 (4) (title) of the statutes is amended to read:

AB948,24,19 813.1285 (4) (title) Hearing to surrender firearms and firearm ammunition.

AB948,95 Section 95. 813.1285 (4) (a) of the statutes is amended to read:

AB948,24,25 813.1285 (4) (a) Unless the court dismisses the hearing to surrender firearms and firearm ammunition, a respondent for whom a hearing to surrender firearms and firearm ammunition has been scheduled must attend the hearing. If the respondent fails to attend the hearing to surrender firearms and firearm ammunition, the court shall issue an arrest warrant for the respondent.

AB948,96 Section 96. 813.1285 (4) (b) (intro.) of the statutes is amended to read:

AB948,25,9 813.1285 (4) (b) (intro.) At the hearing to surrender firearms and firearm ammunition, the court shall stay the injunction for a period not to exceed 48 hours, shall extend the temporary restraining order for 48 hours, shall ensure that the respondent has completed a firearm and firearm ammunition possession form and verify the information provided on the firearm and firearm ammunition 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 and firearm ammunition possession form, and shall do one of the following:

AB948,97 Section 97. 813.1285 (4) (b) 1. (intro.) of the statutes is amended to read: