LRB-4200/1
CMH:sac:jm
2013 - 2014 LEGISLATURE
February 7, 2014 - Introduced by Senator Petrowski, cosponsored by
Representative J. Ott. Referred to Committee on Transportation, Public
Safety, and Veterans and Military Affairs.
SB580,1,8 1An Act to renumber 165.25 (12m); to amend 175.35 (1) (at), 175.60 (1) (f) 2.,
2175.60 (9g) (a) 2., 175.60 (11) (a) 2. f., 813.12 (4m) (b) 2., 813.12 (6) (am) 1.,
3813.12 (6) (am) 2., 813.122 (5m) (b) 2., 813.122 (9) (am) 1., 813.122 (9) (am) 2.,
4813.125 (4m) (d) 2., 813.125 (5r) (a), 813.125 (5r) (b), 938.396 (2m) (b) 2., 938.396
5(2m) (c) 1p. and 941.29 (1) (g); and to create 165.63, 813.123 (5m) and 813.123
6(8m) of the statutes; relating to: a firearm prohibition for an individual subject
7to an individuals-at-risk injunction and disclosure of and access to information
8regarding individuals who are prohibited from possessing a firearm.
Analysis by the Legislative Reference Bureau
Under current law, a person is prohibited from possessing a firearm, and must
surrender any firearm he or she possesses, if he or she is subject to a domestic abuse
injunction, a child abuse injunction, or, if the court determines that he or she may
use a firearm to harm another or endanger public safety, a harassment injunction.
If a person surrenders a firearm due to an injunction, the firearm may not be
returned to the person until a court determines that injunction has been vacated or
has expired and that the person is not otherwise prohibited from possessing a
firearm.
Under this bill, a person is prohibited from possessing a firearm, and must
surrender any firearm he or she possesses, if he or she is subject to an

individuals-at-risk injunction and the court determines that he or she may use a
firearm to harm another or endanger public safety. As with other injunctions that
result in a firearm prohibition, a surrendered firearm under an individuals-at-risk
injunction may not be returned until a court determines that the injunction has been
vacated or has expired and that the person who surrendered the firearm is not
otherwise prohibited from possessing a firearm.
This bill requires a court, before returning a firearm surrendered under an
injunction, to request the Department of Justice (DOJ) to provide information on
whether the person who surrendered the firearm is otherwise prohibited from
possessing a firearm. This bill also allows a law enforcement agency or officer to
request DOJ to provide information about a person's eligibility to possess a firearm
if the agency or officer is doing any of the following: determining if a person who
possesses a firearm is illegally possessing the firearm following a mental health
finding that rendered him or her ineligible to possess a firearm; determining if a
candidate for employment as a law enforcement officer or a current law enforcement
officer is prohibited from possessing a firearm; and determining if a former or current
law enforcement officer is qualified for the identification that allows a former or
current law enforcement officer to carry a concealed weapon. This bill authorizes
DOJ to provide this information to courts and law enforcement upon their request.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB580,1 1Section 1. 165.25 (12m) of the statutes is renumbered 165.25 (16).
SB580,2 2Section 2. 165.63 of the statutes is created to read:
SB580,2,4 3165.63 Access to firearm prohibition orders. (1) Definition. In this
4section, "department" means the department of justice.
SB580,2,7 5(2) Department to provide information upon request. Upon a request under
6sub. (3) or (4), the department shall provide to the person making the request
7information regarding any of the following:
SB580,2,98 (a) Individuals ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45
9(13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).
SB580,2,1110 (b) The cancellation under s. 51.20 (13) (cv) 1m. c., 51.45 (13) (i) 2. c., 54.10 (3)
11(f) 2. c., or 55.12 (10) (b) 3. of an order not to possess a firearm.
SB580,3,4
1(2m) Process; data confidentiality. The department, when providing
2information under sub. (2), may use the transaction information for the management
3of enforcement system or another method approved by the department to process
4requests and responses in a secure manner to ensure confidentiality of the data.
SB580,3,8 5(3) Requests for injunctions. A judge or court commissioner shall request
6information under sub. (2) from the department to aid in making a determination
7required under s. 813.12 (4m) (b), 813.122 (5m) (b), 813.123 (5m) (g), or 813.125 (4m)
8(d).
SB580,3,11 9(4) Law enforcement requests. A law enforcement agency or a law
10enforcement officer may request information under sub. (2) from the department to
11do any of the following:
SB580,3,1212 (a) Enforce or investigate a violation of s. 941.29.
SB580,3,1413 (b) Conduct a background check on an individual who is applying to become a
14law enforcement officer or on a current law enforcement officer.
SB580,3,1515 (c) Make a determination under s. 175.48 (2) (a) or 175.49 (2) (b) 4. or (5).
SB580,3 16Section 3. 175.35 (1) (at) of the statutes is amended to read:
SB580,4,717 175.35 (1) (at) "Firearms restrictions record search" means a search of
18department of justice records to determine whether a person seeking to purchase a
19handgun is prohibited from possessing a firearm under s. 941.29. "Firearms
20restrictions record search" includes a criminal history record search, a search to
21determine whether a person is prohibited from possessing a firearm under s. 51.20
22(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
23system to determine whether a person has been ordered not to possess a firearm
24under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
25to determine whether the person is subject to an injunction under s. 813.12 or

1813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
2established by any federally recognized Wisconsin Indian tribe or band, except the
3Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
4or she is subject to the requirements and penalties under s. 941.29 and that has been
5filed with the circuit court under s. 806.247 (3), and a search to determine whether
6the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125
7(4m).
SB580,4 8Section 4. 175.60 (1) (f) 2. of the statutes is amended to read:
SB580,4,129 175.60 (1) (f) 2. The state is listed in the rule promulgated by the department
10under s. 165.25 (12m) (16) and, if that state does not require a background search for
11the permit, license, approval, or authorization, the permit, license, approval, or
12authorization designates that the holder chose to submit to a background search.
SB580,5 13Section 5. 175.60 (9g) (a) 2. of the statutes is amended to read:
SB580,5,614 175.60 (9g) (a) 2. The department shall conduct a criminal history record
15search and shall search its records and conduct a search in the national instant
16criminal background check system to determine whether the applicant is prohibited
17from possessing a firearm under federal law; whether the applicant is prohibited
18from possessing a firearm under s. 941.29; whether the applicant is prohibited from
19possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
20has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
2154.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
22under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
23by a court established by any federally recognized Wisconsin Indian tribe or band,
24except the Menominee Indian tribe of Wisconsin, that includes notice to the
25respondent that he or she is subject to the requirements and penalties under s.

1941.29 and that has been filed with the circuit court under s. 806.247 (3); and
2whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m)
3or
813.125 (4m); and to determine if the court has prohibited the applicant from
4possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the
5applicant is prohibited from possessing a dangerous weapon as a condition of release
6under s. 969.01.
SB580,6 7Section 6. 175.60 (11) (a) 2. f. of the statutes is amended to read:
SB580,5,108 175.60 (11) (a) 2. f. The individual becomes subject to an injunction described
9in s. 941.29 (1) (f) or is ordered not to possess a firearm under s. 813.123 (5m) or
10813.125 (4m).
SB580,7 11Section 7. 813.12 (4m) (b) 2. of the statutes is amended to read:
SB580,5,1712 813.12 (4m) (b) 2. That the person is not prohibited from possessing a firearm
13under any state or federal law or by the order of any federal court or state court, other
14than an order from which the judge or circuit court commissioner is competent to
15grant relief. The court or commissioner shall use the information provided by the
16department of justice under s. 165.63 (2) to aid in making the determination under
17this subdivision.
SB580,8 18Section 8. 813.12 (6) (am) 1. of the statutes is amended to read:
SB580,5,2519 813.12 (6) (am) 1. If an injunction is issued or extended under sub. (4) or if a
20tribal injunction is filed under s. 806.247 (3), the clerk of the circuit court shall notify
21the department of justice of the injunction and shall provide the department of
22justice with information concerning the period during which the injunction is in
23effect and information necessary to identify the respondent for purposes of
24responding to a request under s. 165.63 or for
purposes of a firearms restrictions
25record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
SB580,9
1Section 9. 813.12 (6) (am) 2. of the statutes is amended to read:
SB580,6,52 813.12 (6) (am) 2. Except as provided in subd. 3., the department of justice may
3disclose information that it receives under subd. 1. only to respond to a request under
4s. 165.63 or
as part of a firearms restrictions record search under s. 175.35 (2g) (c)
5or a background check under s. 175.60 (9g) (a).
SB580,10 6Section 10. 813.122 (5m) (b) 2. of the statutes is amended to read:
SB580,6,127 813.122 (5m) (b) 2. That the person is not prohibited from possessing a firearm
8under any state or federal law or by the order of any federal court or state court, other
9than an order from which the judge or circuit court commissioner is competent to
10grant relief. The court or commissioner shall use the information provided by the
11department of justice under s. 165.63 (2) to aid in making the determination under
12this subdivision.
SB580,11 13Section 11. 813.122 (9) (am) 1. of the statutes is amended to read:
SB580,6,2014 813.122 (9) (am) 1. If an injunction is issued or extended under sub. (5), the
15clerk of the circuit court shall notify the department of justice of the injunction and
16shall provide the department of justice with information concerning the period
17during which the injunction is in effect and information necessary to identify the
18respondent for purposes of responding to a request under s. 165.63 or for purposes
19of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check
20under s. 175.60 (9g) (a).
SB580,12 21Section 12. 813.122 (9) (am) 2. of the statutes is amended to read:
SB580,6,2522 813.122 (9) (am) 2. Except as provided in subd. 3., the department of justice
23may disclose information that it receives under subd. 1. only to respond to a request
24under s. 165.63 or
as part of a firearms restrictions record search under s. 175.35 (2g)
25(c) or a background check under s. 175.60 (9g) (a).
SB580,13
1Section 13. 813.123 (5m) of the statutes is created to read:
SB580,7,82 813.123 (5m) Restriction on firearm possession; surrender of firearms. (a)
3If a judge or circuit court commissioner issues an injunction under sub. (5) and the
4judge or circuit court commissioner determines, based on clear and convincing
5evidence presented at the hearing on the issuance of the injunction, that the
6respondent may use a firearm to cause physical harm to another or to endanger
7public safety, the judge or circuit court commissioner may prohibit the respondent
8from possessing a firearm.
SB580,7,109 (b) An order prohibiting a respondent from possessing a firearm issued under
10par. (a) remains in effect until the expiration of the injunction issued under sub. (5).
SB580,7,1211 (c) An order issued under par. (a) that prohibits a respondent from possessing
12a firearm shall do all of the following:
SB580,7,1413 1. Inform the respondent named in the petition of the requirements and
14penalties under s. 941.29.
SB580,8,215 2. Except as provided in par. (d), require the respondent to surrender any
16firearms that he or she owns or has in his or her possession to the sheriff of the county
17in which the action under this section was commenced, to the sheriff of the county
18in which the respondent resides, or to another person designated by the respondent
19and approved by the judge or circuit court commissioner. The judge or circuit court
20commissioner shall approve the person designated by the respondent unless the
21judge or circuit court commissioner finds that the person is inappropriate and places
22the reasons for the finding on the record. If a firearm is surrendered to a person
23designated by the respondent and approved by the judge or circuit court
24commissioner, the judge or circuit court commissioner shall inform the person to

1whom the firearm is surrendered of the requirements and penalties under s. 941.29
2(4).
SB580,8,53 (d) If the respondent is a peace officer, an order issued under par. (a) may not
4require the respondent to surrender a firearm that he or she is required, as a
5condition of employment, to possess whether or not he or she is on duty.
SB580,8,106 (e) 1. When a respondent surrenders a firearm under par. (c) 2. to a sheriff, the
7sheriff who is receiving the firearm shall prepare a receipt for each firearm
8surrendered to him or her. The receipt shall include the manufacturer, model, and
9serial number of the firearm surrendered to the sheriff and shall be signed by the
10respondent and by the sheriff to whom the firearm is surrendered.
SB580,8,1511 2. The sheriff shall keep the original of a receipt prepared under subd. 1. and
12shall provide an exact copy of the receipt to the respondent. When the firearm
13covered by the receipt is returned to the respondent under par. (g), the sheriff shall
14surrender to the respondent the original receipt and all of his or her copies of the
15receipt.
SB580,8,1816 3. A receipt prepared under subd. 1. is conclusive proof that the respondent
17owns the firearm for purposes of returning the firearm covered by the receipt to the
18respondent under par. (g).
SB580,8,2119 4. The sheriff may not enter any information contained on a receipt prepared
20under subd. 1. into any computerized or direct electronic data transfer system in
21order to store the information or disseminate or provide access to the information.
SB580,8,2522 (f) A sheriff may store a firearm surrendered to him or her under par. (c) 2. in
23a warehouse that is operated by a public warehouse keeper licensed under ch. 99.
24If a sheriff stores a firearm at a warehouse under this paragraph, the respondent
25shall pay the costs charged by the warehouse for storing that firearm.
SB580,9,3
1(g) A firearm surrendered under par. (c) 2. may not be returned to the
2respondent until the judge or circuit court commissioner determines all of the
3following:
SB580,9,44 1. That the injunction issued under sub. (5) has been vacated or has expired.
SB580,9,95 2. That person is not prohibited from possessing a firearm under any state or
6federal law or by the order of any federal court or state court, other than an order from
7which the judge or circuit court commissioner is competent to grant relief. The court
8or commissioner shall use the information provided by the department of justice
9under s. 165.63 (2) to aid in making the determination under this subdivision.
SB580,9,1910 (h) If a respondent surrenders a firearm under par. (c) 2. that is owned by a
11person other than the respondent, the person who owns the firearm may apply for
12its return to the circuit court for the county in which the person to whom the firearm
13was surrendered is located. The court shall order such notice as it considers
14adequate to be given to all persons who have or may have an interest in the firearm
15and shall hold a hearing to hear all claims to its true ownership. If the right to
16possession is proved to the court's satisfaction, it shall order the firearm returned.
17If the court returns a firearm under this paragraph, the court shall inform the person
18to whom the firearm is returned of the requirements and penalties under s. 941.29
19(4).
SB580,14 20Section 14. 813.123 (8m) of the statutes is created to read:
SB580,9,2521 813.123 (8m) Notice to department of justice. (a) If an order prohibiting a
22respondent from possessing a firearm is issued under sub. (5m), the clerk of the
23circuit court shall notify the department of justice of the existence of the order
24prohibiting a respondent from possessing a firearm and shall provide the
25department of justice with information concerning the period during which the order

1is in effect and information necessary to identify the respondent for purposes of
2responding to a request under s. 165.63 or for purposes of a firearms restrictions
3record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
SB580,10,74 (b) Except as provided in par. (c), the department of justice may disclose
5information that it receives under par. (a) only to respond to a request under s. 165.63
6or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a
7background check under s. 175.60 (9g) (a).
SB580,10,108 (c) The department of justice shall disclose any information that it receives
9under par. (a) to a law enforcement agency when the information is needed for law
10enforcement purposes.
SB580,15 11Section 15. 813.125 (4m) (d) 2. of the statutes is amended to read:
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