AB948: Bill Text

AB948,8,25 165.63 (2) (b) The cancellation under s. 51.20 (13) (cv) 1m. c., 51.45 (13) (i) 2. c., 54.10 (3) (f) 2. c., or 55.12 (10) (b) 3. of an order not to possess a firearm or firearm ammunition.

AB948,23 Section 23. 175.35 (1) (at) of the statutes is amended to read:

AB948,9,18 175.35 (1) (at) "Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm or firearm ammunition under s. 941.29. "Firearms restrictions record search" includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm or firearm ammunition under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm or firearm ammunition under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or 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 s. 941.29 and that has been filed with the circuit court under s. 806.247 (3), and a search to determine whether the person is prohibited from possessing a firearm or firearm ammunition under s. 813.123 (5m) or 813.125 (4m).

AB948,24 Section 24. 175.35 (2g) (c) 4. a. of the statutes is amended to read:

AB948,9,24 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from possessing a firearm or firearm ammunition under s. 941.29, the department shall provide the firearms dealer with a unique nonapproval number. The department may not disclose to the firearms dealer the reason the transferee is prohibited from possessing a firearm or firearm ammunition under s. 941.29.

AB948,25 Section 25. 175.35 (2g) (c) 4. b. of the statutes is amended to read:

AB948,10,3 175.35 (2g) (c) 4. b. If the search indicates that the transferee is not prohibited from possessing a firearm or firearm ammunition under s. 941.29, the department shall provide the firearms dealer with a unique approval number.

AB948,26 Section 26. 175.35 (2g) (c) 4. c. of the statutes, as affected by 2015 Wisconsin Act 22, is amended to read:

AB948,10,12 175.35 (2g) (c) 4. c. If the search indicates that it is unclear whether the person is prohibited under state or federal law from possessing a firearm or firearm ammunition and the department needs more time to make the determination, the department shall make every reasonable effort to determine whether the person is prohibited under state or federal law from possessing a firearm or firearm ammunition and notify the firearms dealer of the results as soon as practicable but no later than 5 working days after the search was requested.

AB948,27 Section 27. 175.35 (2g) (d) 1. of the statutes is amended to read:

AB948,10,18 175.35 (2g) (d) 1. The department of justice shall promulgate rules to convey information in a timely manner to the national instant criminal background check system regarding individuals ordered not to possess a firearm or firearm ammunition under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).

AB948,28 Section 28. 175.35 (2g) (d) 2. of the statutes is amended to read:

AB948,10,24 175.35 (2g) (d) 2. The department of justice shall promulgate rules to convey information in a timely manner to the national instant criminal background check system regarding the cancellation under s. 51.20 (13) (cv) 1m. c., 51.45 (13) (i) 2. c., 54.10 (3) (f) 2. c., or 55.12 (10) (b) 3. of an order not to possess a firearm or firearm ammunition.

AB948,29 Section 29. 175.35 (2k) (ar) 2. of the statutes is amended to read:

AB948,11,8 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under sub. (2g). If the department previously provided a unique approval number regarding the request and nothing in the completed notification form indicates that the transferee is prohibited from possessing a firearm or firearm ammunition under s. 941.29, the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the notification form.

AB948,30 Section 30. 175.35 (2k) (g) of the statutes is amended to read:

AB948,11,13 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the transferee is prohibited from possessing a firearm or firearm ammunition under s. 941.29, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has attempted to obtain a handgun.

AB948,31 Section 31. 175.60 (3) (c) of the statutes is amended to read:

AB948,11,16 175.60 (3) (c) The individual is prohibited from possessing a firearm or firearm ammunition under s. 941.29.

AB948,32 Section 32. 175.60 (9g) (a) 2. of the statutes is amended to read:

AB948,12,11 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm or firearm ammunition under federal law; whether the applicant is prohibited from possessing a firearm or firearm ammunition under s. 941.29; whether the applicant is prohibited from possessing a firearm or firearm ammunition under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered not to possess a firearm or firearm ammunition under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or 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 s. 941.29 and that has been filed with the circuit court under s. 806.247 (3); and whether the applicant is prohibited from possessing a firearm or firearm ammunition under s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

AB948,33 Section 33. 175.60 (11) (a) 2. f. of the statutes, as affected by 2015 Wisconsin Act 109, is amended to read:

AB948,12,16 175.60 (11) (a) 2. f. The individual becomes subject to an injunction described in s. 941.29 (1m) (f) or (2m) (f) or is ordered not to possess a firearm or firearm ammunition under s. 813.123 (5m) or 813.125 (4m).

AB948,34 Section 34. 175.60 (11) (a) 2. h. of the statutes is amended to read:

AB948,12,20 175.60 (11) (a) 2. h. A court has ordered the individual not to possess a firearm or firearm ammunition under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).

AB948,35 Section 35. 813.12 (2) (c) 2. of the statutes is amended to read:

AB948,12,25 813.12 (2) (c) 2. 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.

AB948,36 Section 36. 813.12 (2) (c) 3. of the statutes is amended to read:

AB948,13,3 813.12 (2) (c) 3. A firearm and firearm ammunition possession form developed under s. 813.1285 (5) (a), with instructions for completing and returning the form.

AB948,37 Section 37. 813.12 (4m) (title) of the statutes is amended to read:

AB948,13,6 813.12 (4m) (title) Notice of restriction on firearm and firearm ammunition possession; surrender of firearms and firearm ammunition .

AB948,38 Section 38. 813.12 (4m) (a) 2. of the statutes is amended to read:

AB948,13,13 813.12 (4m) (a) 2. Except as provided in par. (ag), 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.

AB948,39 Section 39. 813.12 (4m) (ag) of the statutes is amended to read:

AB948,13,18 813.12 (4m) (ag) If the respondent is a peace officer, an injunction issued under sub. (4) 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.

AB948,40 Section 40. 813.122 (2) (b) 2. of the statutes is amended to read:

AB948,13,23 813.122 (2) (b) 2. 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.

AB948,41 Section 41. 813.122 (2) (b) 3. of the statutes is amended to read:

AB948,14,2 813.122 (2) (b) 3. A firearm and firearm ammunition possession form developed under s. 813.1285 (5) (a), with instructions for completing and returning the form.

AB948,42 Section 42. 813.122 (5m) (title) of the statutes is amended to read:

AB948,14,5 813.122 (5m) (title) Notice of restriction on firearm and firearm ammunition possession; surrender of firearms and firearm ammunition .

AB948,43 Section 43. 813.122 (5m) (a) 2. of the statutes is amended to read:

AB948,14,12 813.122 (5m) (a) 2. Except as provided in par. (ag), 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.

AB948,44 Section 44. 813.122 (5m) (ag) of the statutes is amended to read:

AB948,14,17 813.122 (5m) (ag) If the respondent is a peace officer, an injunction issued under sub. (5) 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.

AB948,45 Section 45. 813.123 (5) (a) 2. (intro.) of the statutes is amended to read:

AB948,15,2 813.123 (5) (a) 2. (intro.) The petitioner serves upon the respondent a copy of the petition and notice of the time for hearing on the issuance of the injunction, or the respondent serves upon the petitioner notice of the time for hearing on the issuance of the injunction. The notice 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 notice shall also provide the respondent with all of the following information:

AB948,46 Section 46. 813.123 (5) (a) 2. b. of the statutes is amended to read:

AB948,15,7 813.123 (5) (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.

AB948,47 Section 47. 813.123 (5) (a) 2. c. of the statutes is amended to read:

AB948,15,11 813.123 (5) (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.

AB948,48 Section 48. 813.123 (5m) (title) of the statutes is amended to read:

AB948,15,14 813.123 (5m) (title) Restriction on firearm and firearm ammunition possession; surrender of firearms and firearm ammunition .

AB948,49 Section 49. 813.123 (5m) (a) of the statutes is amended to read:

AB948,15,21 813.123 (5m) (a) If a judge or circuit court commissioner issues an injunction under sub. (5) 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.

AB948,50 Section 50. 813.123 (5m) (b) of the statutes is amended to read:

AB948,15,25 813.123 (5m) (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. (5).

AB948,51 Section 51. 813.123 (5m) (c) (intro.) of the statutes is amended to read:

AB948,16,4 813.123 (5m) (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:

AB948,52 Section 52. 813.123 (5m) (c) 2. of the statutes is amended to read:

AB948,16,11 813.123 (5m) (c) 2. Except as provided in par. (d), 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.

AB948,53 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.