AB948: Bill Text

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:

AB948,31,15 813.1285 (6) (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 and firearm ammunition surrendered to the sheriff due to that injunction. A sheriff may dispose of a firearm and firearm ammunition 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 and firearm ammunition, the sheriff may charge the respondent for the costs of disposal.

AB948,116 Section 116. 813.1285 (7) (title) of the statutes is amended to read:

AB948,31,17 813.1285 (7) (title) Return of firearm and firearm ammunition.

AB948,117 Section 117. 813.1285 (7) (a) (intro.) of the statutes is amended to read:

AB948,31,22 813.1285 (7) (a) (intro.) A firearm or firearm ammunition surrendered under this section may not be returned to the respondent until the respondent completes a petition for the return of firearms or firearm ammunition and a judge or circuit court commissioner determines all of the following:

AB948,118 Section 118. 813.1285 (7) (a) 2. of the statutes is amended to read:

AB948,32,4 813.1285 (7) (a) 2. That the person is 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 the judge or circuit court commissioner is competent to grant relief. The court or commissioner shall use the information provided under s. 165.63 to aid in making the determination under this subdivision.

AB948,119 Section 119. 813.1285 (7) (b) of the statutes is amended to read:

AB948,32,17 813.1285 (7) (b) If a respondent surrenders a firearm or firearm ammunition under this section that is owned by a person other than the respondent, the person who owns the firearm or firearm ammunition may apply for its return to the circuit court for the county in which the person to whom the firearm or firearm ammunition was surrendered is located. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm or firearm ammunition and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the firearm or firearm ammunition returned. If the court returns a firearm or firearm ammunition under this paragraph, the court shall inform the person to whom the firearm or firearm ammunition is returned of the requirements and penalties under s. 941.29 (4).

AB948,120 Section 120. 938.341 (title) of the statutes is amended to read:

AB948,32,20 938.341 (title) Delinquency adjudication; restriction on firearm and firearm ammunition possession.

AB948,121 Section 121. 941.29 (title) of the statutes is amended to read:

AB948,32,22 941.29 (title) Possession of a firearm or firearm ammunition.

AB948,122 Section 122. 941.29 (2m) of the statutes is created to read:

AB948,32,25 941.29 (2m) A person who possesses firearm ammunition is guilty of a Class I felony if any of the following applies:

AB948,33,1 (a) The person has been convicted of a felony in this state.

AB948,33,3 (b) The person has been convicted of a crime elsewhere that would be a felony if committed in this state.

AB948,33,5 (bm) The person has been adjudicated delinquent for an act committed on or after April 21, 1994, that if committed by an adult in this state would be a felony.

AB948,33,7 (c) The person has been found not guilty of a felony in this state by reason of mental disease or defect.

AB948,33,10 (d) The person has been found not guilty of or not responsible for a crime elsewhere that would be a felony in this state by reason of insanity or mental disease, defect or illness.

AB948,33,13 (e) The person has been committed for treatment under s. 51.20 (13) (a) and is subject to an order not to possess firearm ammunition under s. 51.20 (13) (cv) 1., 2007 stats.

AB948,33,15 (em) The person is subject to an order not to possess firearm ammunition under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).

AB948,33,21 (f) The person is subject to an injunction issued under s. 813.12 or 813.122 or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under this section and that has been filed under s. 806.247 (3).

AB948,33,23 (g) The person is subject to an order not to possess firearm ammunition under s. 813.123 (5m) or 813.125 (4m).

AB948,123 Section 123. 941.29 (3) of the statutes, as affected by 2015 Wisconsin Act 109, is renumbered 941.29 (3) (a).

AB948,124 Section 124. 941.29 (3) (b) of the statutes is created to read:

AB948,34,3 941.29 (3) (b) Any firearm ammunition involved in an offense under this section is subject to s. 968.20 (3).

AB948,125 Section 125. 941.29 (4) of the statutes, as affected by 2015 Wisconsin Act 109, is renumbered 941.29 (4) (a).

AB948,126 Section 126. 941.29 (4) (b) of the statutes is created to read:

AB948,34,9 941.29 (4) (b) A person is concerned with the commission of a crime, as specified in s. 939.05 (2) (b), in violation of this section if he or she knowingly furnishes a person with firearm ammunition in violation of this section.

AB948,127 Section 127. 941.29 (4m) (a) (intro.) of the statutes, as created by 2015 Wisconsin Act 109, is amended to read:

AB948,34,15 941.29 (4m) (a) (intro.) The court shall impose, on a person convicted under sub. (1m), a bifurcated sentence under s. 973.01 and the confinement portion of the bifurcated sentence imposed on the person shall be not less than 3 years if all of the following are true:

AB948,128 Section 128. 941.29 (5) (intro.) of the statutes, as affected by 2015 Wisconsin Act 109, is amended to read:

AB948,34,19 941.29 (5) (intro.) This section does not apply to any person specified in sub. (1m) or (2m) who:

AB948,129 Section 129. 941.29 (5) (a) of the statutes, as affected by 2015 Wisconsin Act 109, is amended to read:

AB948,34,24 941.29 (5) (a) Has received a pardon with respect to the crime or felony specified in sub. (1m), (2m), or (4m) and has been expressly authorized to possess a firearm or firearm ammunition under 18 USC app. 1203; or

AB948,130 Section 130. 941.29 (6) of the statutes is amended to read:

AB948,35,6 941.29 (6) The prohibition against firearm possession of a firearm or of firearm ammunition under this section does not apply to any correctional officer employed before May 1, 1982, who is required to possess a firearm or firearm ammunition as a condition of employment. This exemption applies if the officer is eligible to possess a firearm or firearm ammunition under any federal law and applies while the officer is acting in an official capacity.

AB948,131 Section 131. 941.29 (8) of the statutes, as affected by 2015 Wisconsin Act 109, is amended to read:

AB948,35,13 941.29 (8) This section does not apply to any person specified in sub. (1m) (bm) or (2m) (bm) if a court subsequently determines that the person is not likely to act in a manner dangerous to public safety. In any action or proceeding regarding this determination, the person has the burden of proving by a preponderance of the evidence that he or she is not likely to act in a manner dangerous to public safety.

AB948,132 Section 132. 941.29 (9) (b) of the statutes, as affected by 2015 Wisconsin Act 109, is amended to read:

AB948,35,20 941.29 (9) (b) This section does not apply to a person specified in sub. (1m) (em) or (2m) (em) if the order under s. 51.20 (13) (cv) 1. is canceled under s. 51.20 (13) (cv) 1m. c., if the order under s. 51.45 (13) (i) 1. is canceled under s. 51.45 (13) (i) 2. c., if the order under s. 54.10 (3) (f) 1. is canceled under s. 54.10 (3) (f) 2. c., or if the order under s. 55.12 (10) (a) is canceled under s. 55.12 (10) (b) 3.

AB948,133 Section 133. 941.29 (10) (intro.) of the statutes, as affected by 2015 Wisconsin Act 109, is amended to read:

AB948,35,25 941.29 (10) (intro.) The prohibition against firearm possession of a firearm or of firearm ammunition under this section does not apply to a person specified in sub. (1m) (f) or (2m) (f) if the person satisfies any of the following:

AB948,134 Section 134. 941.29 (10) (a) of the statutes is amended to read:

AB948,36,6 941.29 (10) (a) The person is a peace officer and the person possesses a firearm or firearm ammunition while in the line of duty or, if required to do so as a condition of employment, while off duty. Notwithstanding s. 939.22 (22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.

AB948,135 Section 135. 941.29 (10) (b) of the statutes is amended to read:

AB948,36,10 941.29 (10) (b) The person is a member of the U.S. armed forces or national guard and the person possesses a firearm or firearm ammunition while in the line of duty.

AB948,136 Section 136. 968.20 (1r) (b) of the statutes is amended to read:

AB948,36,15 968.20 (1r) (b) If the seized property is a firearm or is firearm ammunition ordered seized under s. 51.20 (13) (cv) 1., the court that issued that order shall order the firearm and firearm ammunition returned if the order under s. 51.20 (13) (cv) 1. is canceled under s. 51.20 (13) (cv) 1m. c.

AB948,137 Section 137. 968.20 (1r) (c) of the statutes is amended to read:

AB948,36,20 968.20 (1r) (c) If the seized property is a firearm or is firearm ammunition ordered seized under s. 51.45 (13) (i) 1., the court that issued that order shall order the firearm and firearm ammunition returned if the order under s. 51.45 (13) (i) 1. is canceled under s. 51.45 (13) (i) 2. c.

AB948,138 Section 138. 968.20 (1r) (d) of the statutes is amended to read:

AB948,36,25 968.20 (1r) (d) If the seized property is a firearm or is firearm ammunition ordered seized under s. 54.10 (3) (f) 1., the court that issued that order shall order the firearm and firearm ammunition returned if the order under s. 54.10 (3) (f) 1. is canceled under s. 54.10 (3) (f) 2. c.

AB948,139 Section 139. 968.20 (1r) (e) of the statutes is amended to read:

AB948,37,5 968.20 (1r) (e) If the seized property is a firearm or is firearm ammunition ordered seized under s. 55.12 (10) (a), the court that issued that order shall order the firearm and firearm ammunition returned if the order under s. 55.12 (10) (a) is canceled under s. 55.12 (10) (b) 3.

AB948,140 Section 140. 971.17 (1g) of the statutes is amended to read:

AB948,37,10 971.17 (1g) Notice of restriction on firearm and firearm ammunition possession. If the defendant under sub. (1) is found not guilty of a felony by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB948,141 Section 141. 973.176 (1) of the statutes, as affected by 2015 Wisconsin Act 109, is amended to read:

AB948,37,16 973.176 (1) Firearm and firearm ammunition possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction, the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m), (2m), or (4m).

AB948,37,17 (End)