SB381, s. 27 3Section 27. 813.129 of the statutes is created to read:
SB381,11,5 4813.129 Notice and process for firearm surrender. (1) Definitions. In
5this section:
SB381,11,66 (a) "Firearm possession form" means the form developed under sub. (5).
SB381,11,87 (b) "Petitioner" means an individual who is applying for, or for whom a court
8has granted, an injunction under s. 813.12 (4), 813.122 (5), or 813.125 (4).
SB381,11,119 (c) "Respondent" means the individual who is the subject of an injunction
10issued under s. 813.12 (4), 813.122 (5), or 813.125 (4), which requires the individual
11under s. 813.12 (4m), 813.122 (5m), or 813.125 (4m) to surrender his or her firearms.
SB381,11,16 12(2) Firearm possession determination. (a) If the respondent is present at the
13injunction hearing, the respondent shall provide the court a completed firearm
14possession form. The court shall verify the information on the firearm possession
15form and shall make an inquiry on the record as to the contents of the firearm
16possession form.
SB381,11,2217 (b) If the respondent is not present at the injunction hearing, the court shall
18provide the petitioner with an opportunity to state whether he or she believes that
19the respondent possesses a firearm. If the petitioner states that the respondent
20possesses a firearm, the court shall ask the petitioner how many firearms he or she
21believes the respondent possesses and the make and model of any firearm he or she
22believes the respondent possesses.
SB381,12,223 (c) 1. If the firearm possession form submitted to the court under par. (a)
24indicates the respondent does not possess a firearm and the court, after an inquiry,
25is satisfied that the respondent does not possess a firearm, the court shall file the

1firearm possession form and, if a hearing to surrender firearms was scheduled under
2s. 813.12 (2m), 813.122 (3) (a), or 813.125 (4) (a) 2., dismiss the hearing.
SB381,12,83 2. If the firearm possession form submitted to the court under par. (a) or the
4petitioner's statement under par. (b) indicates that the respondent possesses a
5firearm or if the court is not satisfied that the respondent does not possess a firearm,
6the court shall schedule a hearing to surrender firearms to occur within one week of
7the injunction hearing unless the hearing to surrender firearms was scheduled
8under s. 813.12 (2m), 813.122 (3) (a), or 813.125 (4) (a) 2.
SB381,12,13 9(3) Surrender of firearms. (a) If the respondent surrenders his or her firearm
10in a manner consistent with par. (b) or (c), the court shall dismiss the hearing to
11surrender firearms scheduled under sub. (2) (c) 2. or under s. 813.12 (2m), 813.122
12(3) (a), or 813.125 (4) (a) 2. unless the court has noted another reason that is relevant
13to the surrender of firearms that would require the hearing to occur.
SB381,12,1614 (b) A respondent for whom a hearing to surrender firearms has been scheduled
15under sub. (2) (c) 2. or under s. 813.12 (2m), 813.122 (3) (a), or 813.125 (4) (a) 2. may
16surrender his or her firearm to another person if all of the following apply:
SB381,12,1917 1. The respondent and the person to whom the respondent is surrendering his
18or her firearm appear at the injunction hearing under s. 813.12 (4), 813.122 (5), or
19813.125 (4), whichever is appropriate.
SB381,12,2120 2. At the injunction hearing, the person submits an affidavit confirming receipt
21of the firearms listed on the respondent's firearm possession form.
SB381,12,2322 3. At the injunction hearing, the court is satisfied that the person is not
23prohibited from possessing a firearm.
SB381,12,2524 4. The court informs the person to whom the firearm is surrendered of the
25requirements and penalties under s. 941.29 (4).
SB381,13,1
15. The court approves the surrender of the firearm.
SB381,13,52 (c) In accordance with sub. (6), the respondent surrenders his or her firearm
3to a sheriff no later than 48 hours after the injunction hearing ordering the
4respondent to surrender his or her firearm and the sheriff's department transmits
5a certified copy of receipt to the court under sub. (6) (b).
SB381,13,10 6(4) Hearing to surrender firearms. (a) Unless the court dismisses under sub.
7(2) (c) 1. or (3) (a) the hearing to surrender firearms, a respondent for whom a hearing
8to surrender firearms has been scheduled under sub. (2) (c) 2. or under s. 813.12 (2m),
9813.122 (3) (a), or 813.125 (4) (a) 2. must attend the hearing to surrender firearms
10if any of the following applies:
SB381,13,1211 1. The respondent did not appear at the injunction hearing under s. 813.12 (4),
12813.122 (5), or 813.125 (4), whichever is appropriate.
SB381,13,1513 2. The respondent wants to surrender his or her firearm to a person who did
14not appear at the injunction hearing under s. 813.12 (4), 813.122 (5), or 813.125 (4),
15whichever is appropriate.
SB381,13,1716 (b) The court shall issue an arrest warrant for a respondent who fails to attend
17the hearing to surrender firearms if he or she is required under par. (a) to attend.
SB381,13,2218 (c) At the hearing to surrender firearms, the court shall ensure that the
19respondent has completed a firearm possession form, shall verify the information
20provided on the firearms possession form if the information was not already verified
21under sub. (2) (a), shall make an inquiry on the record as to the contents of the
22firearm possession form, and shall do one of the following:
SB381,13,2423 1. If the respondent wants to surrender his or her firearms to a person who is
24not the sheriff, permit the surrender if all of the following apply:
SB381,14,2
1a. The respondent and the person to whom the respondent is surrendering his
2or her firearm appear at the hearing to surrender firearms.
SB381,14,43 b. At the hearing, the person submits an affidavit confirming receipt of the
4firearms listed on the respondent's firearm possession form.
SB381,14,65 c. At the hearing, the court is satisfied that the person is not prohibited from
6possessing a firearm.
SB381,14,87 d. The court informs the person to whom the firearm is surrendered of the
8requirements and penalties under s. 941.29 (4).
SB381,14,99 e. The court approves the surrender of the firearm.
SB381,14,1110 2. Order the respondent to surrender any firearm on the respondent's firearm
11possession form to a sheriff in accordance with sub. (6) within 48 hours.
SB381,14,1312 (d) If the respondent fails to comply with the order under par. (c) 2. the court
13shall issue a warrant for the respondent's arrest.
SB381,14,17 14(5) Firearm possession form. The clerk of court or the director of state courts
15shall develop a firearm possession form. Any information provided on the form by
16the respondent is subject to a penalty of false swearing under s. 946.32. The firearm
17possession form shall do all of the following:
SB381,14,1818 (a) Require the respondent to list his or her name and address.
SB381,14,1919 (b) Include space for the respondent's signature and date signed.
SB381,14,2420 (c) Require the respondent to indicate whether he or she owns or possesses any
21firearm or has owned or possessed any firearm in the 6 months immediately
22preceding the issuance of the injunction, and, if the answer is yes, to list the quantity
23and the make and model of each firearm and to note whether the firearm was sold
24or surrendered and whether he or she has a receipt for the firearm sale or surrender.
SB381,14,2525 (d) Give notice of the penalty for false swearing under s. 946.32.
SB381,15,1
1(6) Surrender of firearm to sheriff.
SB381,15,82 (e) 2. If an injunction expires and is not extended, or an injunction is vacated,
3a sheriff may charge the respondent for any costs incurred 30 days after the
4injunction expires for storage of the firearm surrendered to the sheriff due to that
5injunction. A sheriff may dispose of a firearm surrendered to the sheriff due to that
6injunction 12 months after the injunction expires or is vacated and, if the sheriff
7disposes of the firearm, the sheriff may charge the respondent for the costs of
8disposal.
SB381,15,9 9(7) Return of firearm.
SB381, s. 28 10Section 28. 938.25 (6) of the statutes is amended to read:
SB381,15,1911 938.25 (6) Temporary restraining order and injunction. If a proceeding is
12brought under s. 938.13, any party to or any governmental or social agency involved
13in the proceeding may petition the court to issue a temporary restraining order and
14injunction as provided in s. 813.122 or 813.125. The court shall follow the procedure
15under s. 813.122 or 813.125 except that the court may combine hearings authorized
16under s. 813.122 or 813.125 and this chapter, the petitioner for the temporary
17restraining order and injunction is not subject to the limitations under s. 813.122 (2)
18or 813.125 (2) (a) and no fee is required regarding the filing of the petition under s.
19813.122 or 813.125.
SB381, s. 29 20Section 29. Initial applicability.
SB381,15,2221 (1) This act first applies to a petition filed on the effective date of this
22subsection.
SB381,15,2323 (End)
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