AB1051,13,18 15(7) Penalty. Whoever files a petition under this section for a temporary
16restraining order or injunction knowing the information in the petition to be false or
17with the intent to harass shall be fined not more than $10,000 or imprisoned for not
18more than 9 months or both.
AB1051,13,22 19(8) Return of firearms and form. (a) A firearm surrendered under this section
20may not be returned to the respondent until the respondent completes a petition for
21the return of firearms under par. (c) and a judge or circuit court commissioner
22determines all of the following:
AB1051,13,2423 1. That the temporary restraining order or injunction has been vacated or has
24expired and not been extended.
AB1051,14,5
12. That the person is not prohibited from possessing a firearm under any state
2or federal law or by the order of any federal court or state court, other than an order
3from which the judge or circuit court commissioner is competent to grant relief. The
4court or commissioner shall use the information provided under s. 165.63 to aid in
5making the determination under this subdivision.
AB1051,14,156 (b) If a respondent surrenders under this section a firearm that is owned by a
7person other than the respondent, the person who owns the firearm may apply for
8its return to the circuit court for the county in which the person to whom the firearm
9was surrendered is located. The court shall order such notice as it considers
10adequate to be given to all persons who have or may have an interest in the firearm
11and shall hold a hearing to hear all claims to its true ownership. If the right to
12possession is proved to the court's satisfaction, it shall order the firearm returned.
13If the court returns a firearm under this paragraph, the court shall inform the person
14to whom the firearm is returned of the requirements and penalties under s. 941.29
15(4).
AB1051,14,1716 (c) The director of state courts shall develop a petition for the return of firearms
17in substantially the following form:
AB1051,14,1818 STATE OF WISCONSIN
AB1051,14,1919 IN CIRCUIT COURT FOR .... COUNTY
AB1051,14,2020 Petition to Return Firearm(s)
AB1051,14,2221 In re the Return of Firearms to (name of person required to surrender firearms
22in an action under s. 813.124)
AB1051,14,2423 Requesting person's information: date of birth, sex, race, height, weight, hair
24color, eye color, address, and phone number.
AB1051,14,2525 Under oath I state that:
AB1051,15,2
11. The court issued a temporary restraining order or injunction against me on
2(date of order or injunction).
AB1051,15,53 2. The court ordered me to surrender any firearms I had in my possession, and
4I surrendered the firearms to the sheriff of this county or the sheriff of the county in
5which I resided, which is (name of county).
AB1051,15,76 3. I surrendered the following firearms as provided in item 2 and have attached
7a receipt from the sheriff.
AB1051,15,98 4. The temporary restraining order or injunction has (been vacated) (expired
9and has not been extended).
AB1051,15,1110 5. I (have) (have not) been convicted of a misdemeanor crime of domestic
11violence.
AB1051,15,1212 6. I (have) (have not) been convicted of a felony.
AB1051,15,1513 7. I am not prohibited from possessing a firearm under any state or federal law
14or by the order of any federal court or state court, other than an order from which a
15judge or court commissioner is competent to grant relief.
AB1051,15,1816 I request that the court enter an order directing that the sheriff named under
17item 2 return to me those firearms that were surrendered under the order of the
18court.
AB1051,15,1919 Subscribed and sworn to before me on (date)
AB1051,15,2020 (Signature of person requesting return of firearms)
AB1051,15,2121 (Signature of notary public, state of Wisconsin)
AB1051,15,2222 My commission expires on (date)
AB1051,15,2323 Dated this .... day of ...., .... (year)
AB1051,15,2424 Distribution:
AB1051,16,2
11. Court - original 2. Petitioner in action under s. 813.124 3. Sheriff to whom
2firearm(s) were surrendered
AB1051,9 3Section 9 . 813.126 (1) of the statutes is amended to read:
AB1051,16,144 813.126 (1) Time limits. If a party seeks to have the judge conduct a hearing
5de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court
6commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125,
7including a denial of a request for a temporary restraining order, the motion
8requesting the hearing must be filed with the court within 30 days after the circuit
9court commissioner issued the determination, order, or ruling. The court shall hold
10the de novo hearing within 30 days after the motion requesting the hearing is filed
11with the court unless the court finds good cause for an extension. Any determination,
12order, or ruling entered by a court commissioner in an action under s. 813.12,
13813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in the de novo
14hearing issues his or her final determination, order, or ruling.
AB1051,10 15Section 10. 813.127 of the statutes is amended to read:
AB1051,16,22 16813.127 Combined actions; domestic abuse, child abuse, lethal
17violence,
and harassment. A petitioner may combine in one action 2 or more
18petitions under one or more of the provisions in ss. 813.12, 813.122 , 813.124, and
19813.125 if the respondent is the same person in each petition. In any such action,
20there is only one fee applicable under s. 814.61 (1) (a). In any such action, the
21hearings for different types of temporary restraining orders or injunctions may be
22combined.
AB1051,11 23Section 11 . 813.128 (2g) (b) of the statutes is amended to read:
AB1051,17,324 813.128 (2g) (b) A foreign protection order or modification of the foreign
25protection order that meets the requirements under this section has the same effect

1as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that
2the foreign protection order or modification shall be enforced according to its own
3terms.
AB1051,12 4Section 12 . 941.29 (1m) (g) of the statutes is amended to read:
AB1051,17,65 941.29 (1m) (g) The person is subject to an order not to possess a firearm under
6s. 813.123 (5m), 813.124 (3) or (4), or 813.125 (4m).
AB1051,17,77 (End)
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