813.1285(1)(am) (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 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 under s. 813.125 (4m). “Injunction” includes an injunction that has been stayed under this section.

813.1285(1)(b) (b) “Petitioner” means an individual who is applying for, or for whom a court has granted, an injunction.

813.1285(1)(c) (c) “Petition for the return of firearms” means a petition developed under sub. (5) (b).

813.1285(1)(d) (d) “Respondent” means the individual who is the subject of an injunction.

813.1285(1)(e) (e) “Surrender and extend order” means an order under sub. (1g).

813.1285(1g) (1g) Surrender and extend order. If the court issues a surrender and extend order, the court shall do all of the following:

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

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

813.1285(1g)(c) (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 surrender.

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

813.1285(1g)(e) (e) Instruct the respondent how to surrender any firearm.

813.1285(1g)(f) (f) If appropriate, order the respondent to attend a hearing to surrender firearms.

813.1285(1m) (1m) Temporary restraining orders. If the court is required to extend a temporary restraining order under this section, and a temporary restraining order was not previously granted, the court shall, on its own motion, reconsider and grant the temporary restraining order.

813.1285(2) (2) Firearm possession determination.

813.1285(2)(a) (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 surrender. The respondent shall provide the court a completed firearm possession form. The court shall verify the information on the firearm possession form and shall make an inquiry on the record as to the contents of the firearm possession form.

813.1285(2)(b) (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. If the petitioner informs the court that the respondent possesses a firearm, the court shall request the petitioner to inform the court orally or in writing 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 he or she believes the respondent possesses.

813.1285(2)(c) (c)

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

813.1285(2)(c)2. 2. If, under par. (a), the firearm possession form submitted to the court indicates the respondent possesses a firearm, and the respondent has not surrendered his or her firearm 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 to occur within one week of the injunction hearing.

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

813.1285(2)(c)3.a. a. Continue the stay under par. (a) of the injunction and issue a surrender and extend order.

813.1285(2)(c)3.b. b. Lift the stay of the injunction.

813.1285(2)(c)4. 4. The court may schedule a hearing to surrender firearms for any reason relevant to the surrender of firearms.

813.1285(3) (3) Surrender of firearms.

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

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

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

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

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