AB948: Bill Text

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:

AB948,25,18 813.1285 (4) (b) 1. (intro.) If the respondent wants to surrender his or her firearms and firearm ammunition to a person who is not the sheriff and who appears at the hearing to surrender firearms and firearm ammunition, and if the court, after considering all relevant factors and input from the petitioner, approves the surrender and informs the person to whom the firearms and firearm ammunition are surrendered of the requirements and penalties under s. 941.29 (4), order the respondent to surrender his or her firearms and firearm ammunition in one of the following ways:

AB948,98 Section 98. 813.1285 (4) (b) 1. a. of the statutes is amended to read:

AB948,25,24 813.1285 (4) (b) 1. a. To the person, after the person testifies under oath that he or she has received the firearms and firearm ammunition listed on the respondent's firearm and firearm ammunition possession form and after the court determines that the person is not prohibited from possessing a firearm or firearm ammunition.

AB948,99 Section 99. 813.1285 (4) (b) 1. b. of the statutes is amended to read:

AB948,26,3 813.1285 (4) (b) 1. b. To the sheriff, who shall transfer the firearms and firearm ammunition to the person after determining that the person is not prohibited from possessing a firearm or firearm ammunition.

AB948,100 Section 100. 813.1285 (4) (b) 1m. of the statutes is amended to read:

AB948,26,8 813.1285 (4) (b) 1m. If the respondent claims to have surrendered his or her firearms and firearm ammunition to the sheriff in accordance with sub. (6), verify that the respondent has surrendered all such firearms and firearm ammunition, lift the stay of the injunction, and dismiss the temporary restraining order.

AB948,101 Section 101. 813.1285 (4) (b) 2. (intro.) of the statutes is amended to read:

AB948,26,16 813.1285 (4) (b) 2. (intro.) Order the respondent to surrender any firearm and firearm ammunition that the court finds the respondent owns or possesses to a sheriff in accordance with sub. (6). If the respondent has not provided to the court, within 48 hours of the hearing to surrender firearms and firearm ammunition, a receipt as specified in sub. (6) (b) that shows surrender of all of the firearms and firearm ammunition that were subject to the order, the court shall presume the respondent is violating the order and the injunction and may do any of the following:

AB948,102 Section 102. 813.1285 (4) (b) 2. b. of the statutes is amended to read:

AB948,26,19 813.1285 (4) (b) 2. b. Schedule another hearing to surrender firearms and firearm ammunition.

AB948,103 Section 103. 813.1285 (4) (b) 3. a. of the statutes is amended to read:

AB948,26,23 813.1285 (4) (b) 3. a. If, under subd. 1. b. or 2., the court orders the respondent to surrender his or her firearms and firearm ammunition to the sheriff, the court shall issue a surrender and extend order.

AB948,104 Section 104. 813.1285 (4) (b) 3. b. of the statutes is amended to read:

AB948,27,4 813.1285 (4) (b) 3. b. If, under subd. 1. a., the court orders the respondent to surrender his or her firearms and firearm ammunition to a person who is not the sheriff, the court shall lift any stay of the injunction and dismiss the temporary restraining order.

AB948,105 Section 105. 813.1285 (4) (b) 4. of the statutes is amended to read:

AB948,27,11 813.1285 (4) (b) 4. If the firearm and firearm ammunition possession form indicates that the respondent does not possess a firearm and 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 any stay of the injunction, and dismiss the temporary restraining order.

AB948,106 Section 106. 813.1285 (5) (title) of the statutes is amended to read:

AB948,27,14 813.1285 (5) (title) Firearm and firearm ammunition possession form and petition for the return of firearms and firearm ammunition.

AB948,107 Section 107. 813.1285 (5) (a) (intro.) of the statutes is amended to read:

AB948,27,20 813.1285 (5) (a) (intro.) The director of state courts shall develop a firearm and firearm ammunition 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 and firearm ammunition possession form does all of the following:

AB948,108 Section 108. 813.1285 (5) (a) 3. of the statutes is amended to read:

AB948,28,3 813.1285 (5) (a) 3. Requires the respondent to indicate whether he or she owns or possesses any firearm or firearm ammunition or has owned or possessed any firearm or firearm ammunition in the 6 months immediately preceding the issuance of the injunction, and, if the answer is yes, to list the quantity of firearm ammunition and the quantity and make and model of each firearm and to note whether the firearm or firearm ammunition was sold or surrendered and whether he or she has a receipt for the firearm sale or surrender.

AB948,109 Section 109. 813.1285 (5) (b) of the statutes is amended to read:

AB948,28,6 813.1285 (5) (b) The director of state courts shall develop a petition for the return of firearms and firearm ammunition in substantially the following form:

AB948,28,7 STATE OF WISCONSIN

AB948,28,8 IN CIRCUIT COURT FOR .... COUNTY

AB948,28,9 Petition to Return Firearm(s) and Firearm Ammunition

AB948,28,11 In re the Return of Firearms and Firearm Ammunition to (name of person required to surrender firearms or firearm ammunition in an injunction action)

AB948,28,13 Requesting person's information: date of birth, sex, race, height, weight, hair color, eye color, address, and phone number.

AB948,28,14 Under oath I state that:

AB948,28,16 1. The court issued an injunction against me on (date of injunction). The injunction was issued based on a:

AB948,28,17 Domestic Abuse petition.

AB948,28,18 Child Abuse petition.

AB948,28,19 Harassment petition.

AB948,28,20 Adult-at-risk petition.

AB948,28,22 2. The court ordered me to surrender any firearms and firearm ammunition I owned or had in my possession to:

AB948,28,23 the sheriff of this county.

AB948,28,24 the sheriff of the county in which I resided, which is (name of county).

AB948,28,25 to the following person (whether directly or indirectly through a sheriff):

AB948,29,1 name:

AB948,29,2 address:

AB948,29,6 3. I surrendered the following firearms and firearm ammunition as provided in item 2 and have attached a receipt from the sheriff or from the 3rd person (if the person did not provide a receipt, attach a description of the firearm(s) and firearm ammunition):

AB948,29,7 4. The injunction has (been vacated) (expired and has not been extended).

AB948,29,9 5. I (have) (have not) been convicted of a misdemeanor crime of domestic violence.

AB948,29,10 6. I (have) (have not) been convicted of a felony.

AB948,29,14 7. I am not prohibited from possessing a firearm or firearm ammunition 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.

AB948,29,17 I request that the court enter an order directing that the person named under item 2 return to me those firearms and firearm ammunition that were surrendered under the order of the court.

AB948,29,18 Subscribed and sworn to before me on (date)

AB948,29,19 (Signature of person requesting return of firearms and firearm ammunition)

AB948,29,20 (Signature of notary public, state of Wisconsin)

AB948,29,21 My commission expires on (date)

AB948,29,22 Dated this .... day of ...., .... (year)

AB948,29,23 Distribution:

AB948,29,25 1. Court - original 2. Petitioner in injunction action 3. Person to whom firearm(s) and firearm ammunition were surrendered

AB948,110 Section 110. 813.1285 (6) (title) of the statutes is amended to read:

AB948,30,2 813.1285 (6) (title) Surrender of firearm and firearm ammunition to sheriff.

AB948,111 Section 111. 813.1285 (6) (a) of the statutes is amended to read:

AB948,30,11 813.1285 (6) (a) When a respondent surrenders a firearm or firearm ammunition under sub. (3) (a) 2. or (4) (b) 2. to a sheriff, the sheriff who is receiving the firearm or firearm ammunition shall prepare a receipt for each firearm and any firearm ammunition surrendered to him or her. The receipt shall include the date on which the firearm or firearm ammunition was surrendered and the manufacturer, model, and serial number of the firearm surrendered to the sheriff and shall be signed by the respondent and by the sheriff to whom the firearm or firearm ammunition is surrendered.

AB948,112 Section 112. 813.1285 (6) (b) of the statutes is amended to read:

AB948,30,19 813.1285 (6) (b) The sheriff shall keep the original of a receipt prepared under par. (a) and shall provide 2 copies of the receipt to the respondent. The respondent shall provide one copy of the receipt to the clerk of courts within 48 hours of the order to surrender firearms and firearm ammunition. When the firearm and firearm ammunition covered by the receipt is returned to the respondent under sub. (7), the sheriff shall surrender to the respondent the original receipt and all of his or her copies of the receipt.

AB948,113 Section 113. 813.1285 (6) (c) of the statutes is amended to read:

AB948,30,24 813.1285 (6) (c) A receipt prepared under par. (a) is conclusive proof that the respondent owns the firearm or firearm ammunition for purposes of returning the firearm and firearm ammunition covered by the receipt to the respondent under sub. (7).

AB948,114 Section 114. 813.1285 (6) (e) 1. of the statutes is amended to read:

AB948,31,6 813.1285 (6) (e) 1. A sheriff may store a firearm and firearm ammunition surrendered to him or her under sub. (3) (a) 2. or (4) (b) 2. in a warehouse that is operated by a public warehouse keeper licensed under ch. 99. If a sheriff stores a firearm and firearm ammunition at a warehouse under this subdivision, the respondent shall pay the costs charged by the warehouse for storing that firearm and firearm ammunition.

AB948,115 Section 115. 813.1285 (6) (e) 2. of the statutes is amended to read: