This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB50-ASA2-AA15,146,2211. A petitioner files a petition alleging the elements under sub. (4) (a), and
22requests a temporary restraining order. The petition requesting a temporary
23restraining order shall be heard by the court in an expedited manner. The court

1shall examine under oath the petitioner and any witness the petitioner may
2produce or may rely on an affidavit submitted in support of the petition.
AB50-ASA2-AA15,146,332. The judge finds all of the following:
AB50-ASA2-AA15,146,44a. Substantial likelihood that the petition for an injunction will be successful.
AB50-ASA2-AA15,146,85b. Good cause to believe that there is an immediate and present danger that
6the respondent may injure themself or another person if the respondent possesses a
7firearm and that waiting for the injunction hearing may increase the immediate
8and present danger.
AB50-ASA2-AA15,146,139(b) A temporary restraining order issued under this subsection shall remain
10in effect until a hearing is held on issuance of an injunction under sub. (3). Notice
11need not be given to the respondent before issuing a temporary restraining order
12under this subsection. A temporary restraining order may be entered against only
13the respondent named in the petition and may not be renewed or extended.
AB50-ASA2-AA15,146,1614(c) A temporary restraining order issued under this subsection shall inform
15the respondent named in the petition of the requirements and penalties under s.
16941.29.
AB50-ASA2-AA15,146,1817(d) The temporary restraining order issued under this subsection shall
18require one of the following:
AB50-ASA2-AA15,146,21191. If a law enforcement officer is able to personally serve the respondent with
20the order, the officer to require the respondent to immediately surrender all
21firearms in the respondents possession.
AB50-ASA2-AA15,147,9222. If a law enforcement officer is not able to personally serve the respondent
23with the order, the respondent to, within 24 hours of service, surrender all firearms

1in the respondents possession to a law enforcement officer or transfer or sell all
2firearms in the respondents possession to a firearms dealer. Within 48 hours of
3service, the respondent shall file with the court that issued the order under this
4subsection a receipt indicating that the respondent surrendered, transferred, or
5sold the firearms. The receipt must include the date on which each firearm was
6surrendered, transferred, or sold and the manufacturer, model, and serial number
7of each firearm and must be signed by either the law enforcement officer to whom
8the firearm was surrendered or the firearms dealer to whom the firearm was
9transferred or sold.
AB50-ASA2-AA15,147,1510(3) Extreme risk protection injunction. (a) The court shall hold a
11hearing on whether to issue an extreme risk protection injunction, which is the
12final relief. At the hearing, a judge may grant an injunction prohibiting the
13respondent from possessing a firearm and, if there was no temporary restraining
14order under sub. (2t), ordering the respondent to surrender all firearms in the
15respondents possession if all of the following occur:
AB50-ASA2-AA15,147,17161. The petitioner files a petition alleging the elements set forth under sub. (4)
17(a).
AB50-ASA2-AA15,147,21182. The petitioner serves upon the respondent a copy or summary of the
19petition and notice of the time for hearing on the issuance of the injunction, or the
20respondent serves upon the petitioner notice of the time for hearing on the issuance
21of the injunction.
AB50-ASA2-AA15,148,2223. The judge finds by clear and convincing evidence that the respondent is

1substantially likely to injure themself or another person if the respondent possesses
2a firearm.
AB50-ASA2-AA15,148,43(b) The judge may enter an injunction against only the respondent named in
4the petition.
AB50-ASA2-AA15,148,75(c) 1. Unless a judge vacates the injunction under par. (d), an injunction under
6this subsection is effective for a period determined by the judge that is no longer
7than one year.
AB50-ASA2-AA15,148,1182. When an injunction expires, the court shall extend the injunction, upon
9petition, for up to one year if the judge finds by clear and convincing evidence that
10the respondent is still substantially likely to injure themself or another person if the
11respondent possesses a firearm.
AB50-ASA2-AA15,148,1812(d) A respondent who is subject to an injunction issued under this subsection
13may request in writing a judge to vacate the injunction one time during any
14injunction period. If a respondent files a request under this paragraph, the
15petitioner shall be notified of the request before the judge considers the request.
16The judge shall vacate the injunction if the respondent demonstrates by clear and
17convincing evidence that the respondent is no longer substantially likely to injure
18themself or another person if the respondent possesses a firearm.
AB50-ASA2-AA15,148,2019(e) An injunction issued under this subsection shall inform the respondent
20named in the petition of the requirements and penalties under s. 941.29.
AB50-ASA2-AA15,148,2221(4) Petition. (a) The petition shall allege facts sufficient to show the
22following:
AB50-ASA2-AA15,149,2
11. The name of the petitioner and, unless the petitioner is a law enforcement
2officer, how the petitioner is a family or household member of the respondent.
AB50-ASA2-AA15,149,332. The name of the respondent.
AB50-ASA2-AA15,149,543. That the respondent is substantially likely to injure themself or another
5person if the respondent possesses a firearm.
AB50-ASA2-AA15,149,764. If the petitioner knows, the number, types, and locations of any firearms
7that the respondent possesses.
AB50-ASA2-AA15,149,1185. If requesting a temporary restraining order, evidence of an immediate and
9present danger that the respondent may injure themself or another person if the
10respondent possesses a firearm and that waiting for the injunction hearing may
11increase the immediate and present danger.
AB50-ASA2-AA15,149,1312(b) The clerk of the circuit court shall provide simplified forms to help a
13person file a petition.
AB50-ASA2-AA15,149,1414(c) Only the following persons may file a petition under this section:
AB50-ASA2-AA15,149,15151. A law enforcement officer.
AB50-ASA2-AA15,149,16162. A family or household member of the respondent.
AB50-ASA2-AA15,150,217(5) Enforcement assistance. (a) 1. If a temporary restraining order is
18issued under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3),
19the clerk of the circuit court shall notify the department of justice of the action and
20shall provide the department of justice with information concerning the period
21during which the order or injunction is in effect or the date on which the injunction
22is vacated and with information necessary to identify the respondent for purposes

1of responding to a request under s. 165.63 or for purposes of a firearms restrictions
2record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
AB50-ASA2-AA15,150,632. Except as provided in subd. 3., the department of justice may disclose
4information that it receives under subd. 1. only to respond to a request under s.
5165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or
6a background check under s. 175.60 (9g) (a).
AB50-ASA2-AA15,150,973. The department of justice shall disclose any information that it receives
8under subd. 1. to a law enforcement agency when the information is needed for law
9enforcement purposes.
AB50-ASA2-AA15,150,1510(b) Within one business day after a temporary restraining order is issued
11under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the
12clerk of the circuit court shall send a copy of the temporary restraining order, of the
13injunction, or of the order extending or vacating an injunction, to the sheriff or to
14any other local law enforcement agency that is the central repository for injunctions
15and that has jurisdiction over the petitioners premises.
AB50-ASA2-AA15,151,216(c) No later than 24 hours after receiving the information under par. (b), the
17sheriff or other appropriate local law enforcement agency under par. (b) shall enter
18the information concerning a temporary restraining order issued under sub. (2t) or
19concerning an injunction issued, extended, or vacated under sub. (3) into the
20transaction information for management of enforcement system. The sheriff or
21other appropriate local law enforcement agency shall also make available to other
22law enforcement agencies, through a verification system, information on the
23existence and status of any order or injunction issued under this section. The

1information need not be maintained after the order or injunction is no longer in
2effect.
AB50-ASA2-AA15,151,43(d) 1. The court may schedule a hearing to surrender firearms for any reason
4relevant to the surrender of firearms.
AB50-ASA2-AA15,151,952. If the respondent does not comply with an order issued at a hearing to
6surrender firearms, or a law enforcement officer has probable cause to believe that
7the respondent possesses a firearm, the law enforcement officer shall request a
8search warrant to seize the firearms and may use information contained in the
9petition to establish probable cause.
AB50-ASA2-AA15,151,1210(6) Penalty for false swearing. Whoever files a petition under this section
11knowing the information in the petition to be false is subject to the penalty for false
12swearing under s. 946.32 (1).
AB50-ASA2-AA15,151,1613(7) Return of firearms and form. (a) A firearm surrendered under this
14section may not be returned to the respondent until the respondent completes a
15petition for the return of firearms under par. (c) and a judge or circuit court
16commissioner determines all of the following:
AB50-ASA2-AA15,151,18171. If a temporary restraining order was issued, that the temporary restraining
18order has expired and no injunction has been issued.
AB50-ASA2-AA15,151,20192. If an injunction was issued, that the injunction has been vacated or has
20expired and not been extended.
AB50-ASA2-AA15,152,2213. That the person is not prohibited from possessing a firearm under any state
22or federal law or by the order of any federal court or state court, other than an order
23from which the judge or circuit court commissioner is competent to grant relief. The

1judge or commissioner shall use the information provided under s. 165.63 to aid in
2making the determination under this subdivision.
AB50-ASA2-AA15,152,123(b) If a respondent surrenders under this section a firearm that is owned by a
4person other than the respondent, the person who owns the firearm may apply for
5its return to the circuit court for the county in which the person to whom the
6firearm was surrendered is located. The court shall order such notice as it
7considers adequate to be given to all persons who have or may have an interest in
8the firearm and shall hold a hearing to hear all claims to its true ownership. If the
9right to possession is proved to the courts satisfaction, it shall order the firearm
10returned. If the court returns a firearm under this paragraph, the court shall
11inform the person to whom the firearm is returned of the requirements and
12penalties under s. 941.2905.
AB50-ASA2-AA15,152,1413(c) The director of state courts shall develop a petition for the return of
14firearms form that is substantially the same as the form under s. 813.1285 (5) (b).
AB50-ASA2-AA15,152,2015(8) Notice of full faith and credit. A temporary restraining order issued
16under sub. (2t) and an injunction issued under sub. (3) shall include a statement
17that the order or injunction may be accorded full faith and credit in every civil or
18criminal court of the United States, civil or criminal courts of any other state, and
19Indian tribal courts to the extent that such courts may have personal jurisdiction
20over nontribal members.
AB50-ASA2-AA15,29721Section 297. 813.126 (1) of the statutes is amended to read:
AB50-ASA2-AA15,153,1022813.126 (1) Time limits for de novo hearing. If a party seeks to have the
23judge conduct a hearing de novo under s. 757.69 (8) of a determination, order, or

1ruling entered by a court commissioner in an action under s. 813.12, 813.122,
2813.123, 813.124, or 813.125, including a denial of a request for a temporary
3restraining order, the motion requesting the hearing must be filed with the court
4within 30 days after the circuit court commissioner issued the determination, order,
5or ruling. The court shall hold the de novo hearing within 30 days after the motion
6requesting the hearing is filed with the court unless the court finds good cause for
7an extension. Any determination, order, or ruling entered by a court commissioner
8in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125 remains in effect
9until the judge in the de novo hearing issues his or her final determination, order, or
10ruling.
AB50-ASA2-AA15,29811Section 298. 813.127 of the statutes is amended to read:
AB50-ASA2-AA15,153,1812813.127 Combined actions; domestic abuse, child abuse, extreme risk
13protection, and harassment. A petitioner may combine in one action 2 or more
14petitions under one or more of the provisions in ss. 813.12, 813.122, 813.124, and
15813.125 if the respondent is the same person in each petition. In any such action,
16there is only one fee applicable under s. 814.61 (1) (a). In any such action, the
17hearings for different types of temporary restraining orders or injunctions may be
18combined.
AB50-ASA2-AA15,29919Section 299. 813.128 (2g) (b) of the statutes is amended to read:
AB50-ASA2-AA15,154,220813.128 (2g) (b) A foreign protection order or modification of the foreign
21protection order that meets the requirements under this section has the same effect
22as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except

1that the foreign protection order or modification shall be enforced according to its
2own terms.
AB50-ASA2-AA15,3003Section 300. 941.29 (1m) (f) of the statutes is amended to read:
AB50-ASA2-AA15,154,104941.29 (1m) (f) The person is subject to an injunction issued under s. 813.12
5or 813.122, a temporary restraining order or an injunction issued under s. 813.124,
6or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
7established by any federally recognized Wisconsin Indian tribe or band, except the
8Menominee Indian tribe of Wisconsin, that includes notice to the respondent that
9he or she is subject to the requirements and penalties under this section and that
10has been filed under s. 813.128 (3g).
AB50-ASA2-AA15,910711Section 9107. Nonstatutory provisions; Circuit Courts.
AB50-ASA2-AA15,154,1512(1) Extreme risk protection orders; intent statement. The intent of s.
13813.124 is to implement a state crisis intervention court proceeding in the form of
14an extreme risk protection order program that is eligible for federal grants under 34
15USC 10152 (a) (1) (I) (iv)..
AB50-ASA2-AA15,154,161681. At the appropriate places, insert all of the following:
AB50-ASA2-AA15,154,1717Section 301. 175.35 (2) (d) of the statutes is amended to read:
AB50-ASA2-AA15,155,318175.35 (2) (d) The If the firearm is a handgun, 48 hours have elapsed from the
19time that the firearms dealer has received an approval a confirmation number
20regarding the firearms restrictions record search under sub. (2g) (c) from the
21department of justice or, if the firearm is not a handgun, the firearms dealer has
22received a confirmation number regarding the firearms restrictions record search
23under sub. (2g) (c) from the department of justice and, for any firearm, the firearms

1dealer has not been notified that the person is prohibited under state or federal law
2from possessing a firearm or that the department needs an extension under sub.
3(2g) (c) 4. c.
AB50-ASA2-AA15,3024Section 302. 175.35 (2g) (c) 4. c. of the statutes is amended to read:
AB50-ASA2-AA15,155,115175.35 (2g) (c) 4. c. If the search indicates that it is unclear whether the
6person is prohibited under state or federal law from possessing a firearm and the
7department needs more time than provided under sub. (2) (d) to make the
8determination, the department shall make every reasonable effort to determine
9whether the person is prohibited under state or federal law from possessing a
10firearm and notify the firearms dealer of the results as soon as practicable but no
11later than 5 working days after the search was requested.
AB50-ASA2-AA15,932712Section 9327. Initial applicability; Justice.
AB50-ASA2-AA15,155,1513(1) Waiting period for handgun purchases. The treatment of s. 175.35
14(2g) (c) 4. c. (by Section 302) and the amendment of s. 175.35 (2) (d) first apply to a
15sale that occurs on the effective date of this subsection..
AB50-ASA2-AA15,155,161682. At the appropriate places, insert all of the following:
AB50-ASA2-AA15,155,1717Section 9206. Fiscal changes; Children and Families.
AB50-ASA2-AA15,156,218(1) Family resource centers. In the schedule under s. 20.005 (3) for the
19appropriation to the department of children and families under s. 20.437 (1) (ab),
20the dollar amount for fiscal year 2025-26 is increased by $4,875,000 to fund child
21abuse and neglect prevention grants to family resource centers under s. 48.983. In
22the schedule under s. 20.005 (3) for the appropriation to the department of children
23and families under s. 20.437 (1) (ab), the dollar amount for fiscal year 2026-27 is

1increased by $4,875,000 to fund child abuse and neglect prevention grants to family
2resource centers under s. 48.983..
AB50-ASA2-AA15,156,3383. At the appropriate places, insert all of the following:
AB50-ASA2-AA15,156,44Section 303. 995.70 of the statutes is created to read:
AB50-ASA2-AA15,156,85995.70 Eligibility of certain individuals who are not U.S. citizens to
6receive professional licenses. (1) In this section, professional license means
7a license, registration, certification, or other approval to perform specific work
8tasks, whether issued by the state or a local governmental entity.
AB50-ASA2-AA15,156,119(2) Pursuant to 8 USC 1621 (d), an individual who is not a U.S. citizen is not
10ineligible to receive any professional license issued in this state because of the
11individuals citizenship status.
AB50-ASA2-AA15,156,1412(3) Nothing in this section affects any requirement or qualification for an
13individual to obtain a professional license that is not related to the citizenship
14status of the individual..
Loading...
Loading...