AB1051,8,93 b. If the respondent is not present at the hearing and the sheriff does not
4personally serve the respondent with the order issued under par. (a), the respondent
5to, within 24 hours of service, surrender all firearms in his or her possession to the
6sheriff or sell all firearms in his or her possession to a firearms dealer. Within 48
7hours of service, the respondent shall file with the court that issued the order under
8par. (a) a receipt from the sheriff or firearms dealer indicating that the respondent
9surrendered the firearms.

AB1051,8,1310 (an) If the respondent does not comply with par. (am) and a law enforcement
11officer has probable cause to believe that the respondent possesses a firearm, the law
12enforcement officer shall request a search warrant to seize the firearms and may use
13information contained in the petition to establish probable cause.

AB1051,8,1614 (b) Notice need not be given to the respondent before issuing a temporary
15restraining order under this subsection. A temporary restraining order may be
16entered only against the respondent named in the petition.

AB1051,8,2517 (c) A temporary restraining order issued under this subsection is in effect until
18a hearing is held on issuance of an injunction under sub. (4). A judge or circuit court
19commissioner shall hold a hearing on issuance of an injunction under sub. (4) within
2014 days after the temporary restraining order is issued, unless the time is extended
21once for up to 14 days upon the written consent of the parties or upon a finding that
22the respondent has not been served with a copy of the temporary restraining order
23although the petitioner has exercised due diligence. A judge or court commissioner
24may not extend the temporary restraining order in lieu of ruling on the issuance of
25an injunction.

AB1051,9,5

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1(d) The judge or circuit court commissioner shall advise the petitioner of the
2right to serve the respondent the petition by published notice if with due diligence
3the respondent cannot be served as provided under s. 801.11 (1) (a) or (b). The clerk
4of the circuit court shall assist the petitioner with the preparation of the notice and
5filing of the affidavit of printing.

AB1051,9,9 6(4) Injunction. (a) A judge may grant an injunction prohibiting the respondent
7from possessing a firearm and, if the respondent was not subject to a temporary
8restraining order under sub. (3), ordering the respondent to surrender his or her
9firearms if all of the following occur:

AB1051,9,1110 1. The petitioner files a petition alleging the elements set forth under sub. (5)
11(a).

AB1051,9,1512 2. The petitioner serves upon the respondent a copy or summary of the petition
13and notice of the time for hearing on the issuance of the injunction, or the respondent
14serves upon the petitioner notice of the time for hearing on the issuance of the
15injunction.

AB1051,9,1816 3. The judge finds reasonable grounds to believe that the respondent is
17substantially likely to injure himself or herself or another person if the respondent
18possesses a firearm.

AB1051,9,2019 4. The judge or circuit court commissioner shall base the finding under subd.
203. on the following:

AB1051,9,2121 a. Any testimony.

AB1051,9,2222 b. The petition.

AB1051,9,2423 c. Any recent threat of violence or act of violence by the respondent directed
24toward himself or herself or another person.

AB1051,10,3

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1d. Any pattern of violent acts or violent threats by the respondent within the
2past 12 months, including threats of violence or acts of violence directed toward
3himself or herself or another person.

AB1051,10,54 5. The judge or circuit court commissioner may base the finding under subd.
53. on any factors in addition to those under subd. 4., including any of the following:

AB1051,10,76 a. Any unlawful or reckless use, display, or brandishing of a firearm by the
7respondent.

AB1051,10,98 b. The respondent's history of use, attempted use, or threatened use of physical
9force against himself or herself or another person.

AB1051,10,1010 c. A prior arrest of the respondent for a felony.

AB1051,10,1111 d. Evidence that the respondent has abused controlled substances or alcohol.

AB1051,10,1312 e. Evidence that the respondent has recently acquired firearms, ammunition,
13or other dangerous weapons.

AB1051,10,1514 (b) The judge may enter an injunction only against the respondent named in
15the petition.

AB1051,10,1716 (c) 1. An injunction under this subsection is effective for 180 days unless a judge
17vacates the injunction under par. (d).

AB1051,10,2218 2. When an injunction expires, the court shall extend the injunction, upon
19petition, for 180 days if the judge finds reasonable grounds to believe that the
20respondent is substantially likely to injure himself or herself or another person if the
21respondent possesses a firearm. There is no limit to the number of extensions that
22may be made under this subdivision.

AB1051,11,423 (d) A respondent who is subject to an injunction that has been extended under
24par. (c) may request a judge to vacate the injunction during any injunction period
25other than the initial injunction period. If a respondent files a request under this

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1paragraph, the petitioner shall be notified of the request before the judge considers
2the request. The judge shall vacate the injunction if the judge does not find
3reasonable grounds to believe that the respondent is substantially likely to injure
4himself or herself or another person if the respondent possesses a firearm.

AB1051,11,65 (e) An injunction issued under this subsection shall inform the respondent
6named in the petition of the requirements and penalties under s. 941.29.

AB1051,11,7 7(5) Petition. (a) The petition shall allege facts sufficient to show the following:

AB1051,11,98 1. The name of the petitioner and, unless the petitioner is a law enforcement
9officer, his or her relationship to the respondent, as provided under par. (c) 2. to 7.

AB1051,11,1010 2. The name of the respondent.

AB1051,11,1211 3. That the respondent is substantially likely to injure himself or herself or
12another person if the respondent possesses a firearm.

AB1051,11,1613 4. The name of at least one adult who has personal knowledge of the conduct
14of the respondent, who is not the petitioner, and who is able to testify that the
15respondent is substantially likely to injure himself or herself or another person if the
16respondent possesses a firearm.

AB1051,11,1817 5. If the petitioner knows, the number, types, and locations of any firearms that
18the respondent possesses.

AB1051,11,2019 (b) The clerk of the circuit court shall provide simplified forms to help a person
20file a petition.

AB1051,11,2221 (c) Only the following persons may prepare and file a petition under this
22section:

AB1051,11,2323 1. A law enforcement officer.

AB1051,11,2424 2. A spouse, sibling, parent, or child of the respondent.

AB1051,11,2525 3. A household member, as defined in s. 813.12 (1) (c), of the respondent.

AB1051,12,2

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14. A person with whom the respondent has or had a dating relationship, as
2defined in s. 813.12 (1) (ag).

AB1051,12,63 5. An adult who is a close friend of the respondent. A court shall determine if
4an adult is a close friend by considering the length of the relationship, the type of the
5relationship, and the frequency of the interaction between the adult individuals
6involved in the relationship.

AB1051,12,77 6. A coworker of the respondent.

AB1051,12,108 7. A resident assistant employed by a postsecondary institution if the resident
9assistant would have necessary knowledge of the respondent, as determined by the
10court.

AB1051,12,18 11(6) Enforcement assistance. (a) 1. If an injunction is issued, extended, or
12vacated under sub. (4), the clerk of the circuit court shall notify the department of
13justice of the action and shall provide the department of justice with information
14concerning the period during which the injunction is in effect or the date on which
15the injunction is vacated and with information necessary to identify the respondent
16for purposes of responding to a request under s. 165.63 or for purposes of a firearms
17restrictions record search under s. 175.35 (2g) (c) or a background check under s.
18175.60 (9g) (a).

AB1051,12,2219 2. Except as provided in subd. 3., the department of justice may disclose
20information that it receives under subd. 1. only to respond to a request under s.
21165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or
22a background check under s. 175.60 (9g) (a).

AB1051,12,2523 3. The department of justice shall disclose any information that it receives
24under subd. 1. to a law enforcement agency when the information is needed for law
25enforcement purposes.

AB1051,13,5

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1(b) Within one business day after an order or injunction is issued, extended, or
2vacated under this section, the clerk of the circuit court shall send a copy of the order
3or injunction, or of the order extending or vacating an order or injunction, to the
4sheriff or to any other local law enforcement agency which is the central repository
5for orders and injunctions and which has jurisdiction over the petitioner's premises.

AB1051,13,146 (c) No later than 24 hours after receiving the information under par. (b), the
7sheriff or other appropriate local law enforcement agency under par. (b) shall enter
8the information concerning an order or injunction issued, extended, or vacated under
9this section into the transaction information for management of enforcement system.
10The sheriff or other appropriate local law enforcement agency shall also make
11available to other law enforcement agencies, through a verification system,
12information on the existence and status of any order or injunction issued under this
13section. The information need not be maintained after the order or injunction is no
14longer in effect.

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

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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

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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

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11. Court - original 2. Petitioner in action under s. 813.124 3. Sheriff to whom
2firearm(s) were surrendered

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.

AB1051,16,22 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.

AB1051,17,324 813.128 (2g) (b) A foreign protection order or modification of the foreign
25protection order that meets the requirements under this section has the same effect

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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.

AB1051,17,65 941.29 (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).