Amendment SA8-SSA2-SB45

SB45-SSA2-SA8,50,19 (2t) Extreme risk protection temporary restraining order. (a) A judge shall issue an extreme risk protection temporary restraining order under this subsection prohibiting the respondent from possessing a firearm and ordering the respondent to surrender all firearms in the respondent’s possession if all of the following occur:

SB45-SSA2-SA8,51,2 1. A petitioner files a petition alleging the elements under sub. (4) (a), and requests a temporary restraining order. The petition requesting a temporary restraining order shall be heard by the court in an expedited manner. The court shall examine under oath the petitioner and any witness the petitioner may produce or may rely on an affidavit submitted in support of the petition.

SB45-SSA2-SA8,51,3 2. The judge finds all of the following:

SB45-SSA2-SA8,51,4 a. Substantial likelihood that the petition for an injunction will be successful.

SB45-SSA2-SA8,51,8 b. Good cause to believe that there is an immediate and present danger that the respondent may injure themself or another person if the respondent possesses a firearm and that waiting for the injunction hearing may increase the immediate and present danger.

SB45-SSA2-SA8,51,13 (b) A temporary restraining order issued under this subsection shall remain in effect until a hearing is held on issuance of an injunction under sub. (3). Notice need not be given to the respondent before issuing a temporary restraining order under this subsection. A temporary restraining order may be entered against only the respondent named in the petition and may not be renewed or extended.

SB45-SSA2-SA8,51,16 (c) A temporary restraining order issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

SB45-SSA2-SA8,51,18 (d) The temporary restraining order issued under this subsection shall require one of the following:

SB45-SSA2-SA8,51,21 1. If a law enforcement officer is able to personally serve the respondent with the order, the officer to require the respondent to immediately surrender all firearms in the respondent’s possession.

SB45-SSA2-SA8,52,9 2. If a law enforcement officer is not able to personally serve the respondent with the order, the respondent to, within 24 hours of service, surrender all firearms in the respondent’s possession to a law enforcement officer or transfer or sell all firearms in the respondent’s possession to a firearms dealer. Within 48 hours of service, the respondent shall file with the court that issued the order under this subsection a receipt indicating that the respondent surrendered, transferred, or sold the firearms. The receipt must include the date on which each firearm was surrendered, transferred, or sold and the manufacturer, model, and serial number of each firearm and must be signed by either the law enforcement officer to whom the firearm was surrendered or the firearms dealer to whom the firearm was transferred or sold.

SB45-SSA2-SA8,52,15 (3) Extreme risk protection injunction. (a) The court shall hold a hearing on whether to issue an extreme risk protection injunction, which is the final relief. At the hearing, a judge may grant an injunction prohibiting the respondent from possessing a firearm and, if there was no temporary restraining order under sub. (2t), ordering the respondent to surrender all firearms in the respondent’s possession if all of the following occur:

SB45-SSA2-SA8,52,17 1. The petitioner files a petition alleging the elements set forth under sub. (4) (a).

SB45-SSA2-SA8,52,21 2. The petitioner serves upon the respondent a copy or summary of the petition and notice of the time for hearing on the issuance of the injunction, or the respondent serves upon the petitioner notice of the time for hearing on the issuance of the injunction.

SB45-SSA2-SA8,53,2 3. The judge finds by clear and convincing evidence that the respondent is substantially likely to injure themself or another person if the respondent possesses a firearm.

SB45-SSA2-SA8,53,4 (b) The judge may enter an injunction against only the respondent named in the petition.

SB45-SSA2-SA8,53,7 (c) 1. Unless a judge vacates the injunction under par. (d), an injunction under this subsection is effective for a period determined by the judge that is no longer than one year.

SB45-SSA2-SA8,53,11 2. When an injunction expires, the court shall extend the injunction, upon petition, for up to one year if the judge finds by clear and convincing evidence that the respondent is still substantially likely to injure themself or another person if the respondent possesses a firearm.

SB45-SSA2-SA8,53,18 (d) A respondent who is subject to an injunction issued under this subsection may request in writing a judge to vacate the injunction one time during any injunction period. If a respondent files a request under this paragraph, the petitioner shall be notified of the request before the judge considers the request. The judge shall vacate the injunction if the respondent demonstrates by clear and convincing evidence that the respondent is no longer substantially likely to injure themself or another person if the respondent possesses a firearm.

SB45-SSA2-SA8,53,20 (e) An injunction issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

SB45-SSA2-SA8,53,22 (4) Petition. (a) The petition shall allege facts sufficient to show the following:

SB45-SSA2-SA8,54,2 1. The name of the petitioner and, unless the petitioner is a law enforcement officer, how the petitioner is a family or household member of the respondent.

SB45-SSA2-SA8,54,3 2. The name of the respondent.

SB45-SSA2-SA8,54,5 3. That the respondent is substantially likely to injure themself or another person if the respondent possesses a firearm.

SB45-SSA2-SA8,54,7 4. If the petitioner knows, the number, types, and locations of any firearms that the respondent possesses.

SB45-SSA2-SA8,54,11 5. If requesting a temporary restraining order, evidence of an immediate and present danger that the respondent may injure themself or another person if the respondent possesses a firearm and that waiting for the injunction hearing may increase the immediate and present danger.

SB45-SSA2-SA8,54,13 (b) The clerk of the circuit court shall provide simplified forms to help a person file a petition.

SB45-SSA2-SA8,54,14 (c) Only the following persons may file a petition under this section:

SB45-SSA2-SA8,54,15 1. A law enforcement officer.

SB45-SSA2-SA8,54,16 2. A family or household member of the respondent.

SB45-SSA2-SA8,55,2 (5) Enforcement assistance. (a) 1. If a temporary restraining order is issued under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the clerk of the circuit court shall notify the department of justice of the action and shall provide the department of justice with information concerning the period during which the order or injunction is in effect or the date on which the injunction is vacated and with information necessary to identify the respondent for purposes of responding to a request under s. 165.63 or for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

SB45-SSA2-SA8,55,6 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only to respond to a request under s. 165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

SB45-SSA2-SA8,55,9 3. The department of justice shall disclose any information that it receives under subd. 1. to a law enforcement agency when the information is needed for law enforcement purposes.

SB45-SSA2-SA8,55,15 (b) Within one business day after a temporary restraining order is issued under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the clerk of the circuit court shall send a copy of the temporary restraining order, of the injunction, or of the order extending or vacating an injunction, to the sheriff or to any other local law enforcement agency that is the central repository for injunctions and that has jurisdiction over the petitioner’s premises.

SB45-SSA2-SA8,56,2 (c) No later than 24 hours after receiving the information under par. (b), the sheriff or other appropriate local law enforcement agency under par. (b) shall enter the information concerning a temporary restraining order issued under sub. (2t) or concerning an injunction issued, extended, or vacated under sub. (3) into the transaction information for management of enforcement system. The sheriff or other appropriate local law enforcement agency shall also make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or injunction issued under this section. The information need not be maintained after the order or injunction is no longer in effect.

SB45-SSA2-SA8,56,4 (d) 1. The court may schedule a hearing to surrender firearms for any reason relevant to the surrender of firearms.

SB45-SSA2-SA8,56,9 2. If the respondent does not comply with an order issued at a hearing to surrender firearms, or a law enforcement officer has probable cause to believe that the respondent possesses a firearm, the law enforcement officer shall request a search warrant to seize the firearms and may use information contained in the petition to establish probable cause.

SB45-SSA2-SA8,56,12 (6) Penalty for false swearing. Whoever files a petition under this section knowing the information in the petition to be false is subject to the penalty for false swearing under s. 946.32 (1).

SB45-SSA2-SA8,56,16 (7) Return of firearms and form. (a) A firearm surrendered under this section may not be returned to the respondent until the respondent completes a petition for the return of firearms under par. (c) and a judge or circuit court commissioner determines all of the following:

SB45-SSA2-SA8,56,18 1. If a temporary restraining order was issued, that the temporary restraining order has expired and no injunction has been issued.

SB45-SSA2-SA8,56,20 2. If an injunction was issued, that the injunction has been vacated or has expired and not been extended.

SB45-SSA2-SA8,57,2 3. That the person is not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which the judge or circuit court commissioner is competent to grant relief. The judge or commissioner shall use the information provided under s. 165.63 to aid in making the determination under this subdivision.

SB45-SSA2-SA8,57,12 (b) If a respondent surrenders under this section a firearm that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to the circuit court for the county in which the person to whom the firearm was surrendered is located. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court’s satisfaction, it shall order the firearm returned. If the court returns a firearm under this paragraph, the court shall inform the person to whom the firearm is returned of the requirements and penalties under s. 941.2905.

SB45-SSA2-SA8,57,14 (c) The director of state courts shall develop a petition for the return of firearms form that is substantially the same as the form under s. 813.1285 (5) (b).

SB45-SSA2-SA8,57,20 (8) Notice of full faith and credit. A temporary restraining order issued under sub. (2t) and an injunction issued under sub. (3) shall include a statement that the order or injunction may be accorded full faith and credit in every civil or criminal court of the United States, civil or criminal courts of any other state, and Indian tribal courts to the extent that such courts may have personal jurisdiction over nontribal members.

SB45-SSA2-SA8,125 Section 125. 813.126 (1) of the statutes is amended to read:

SB45-SSA2-SA8,58,10 813.126 (1) Time limits for de novo hearing. If a party seeks to have the judge conduct a hearing de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125, including a denial of a request for a temporary restraining order, the motion requesting the hearing must be filed with the court within 30 days after the circuit court commissioner issued the determination, order, or ruling. The court shall hold the de novo hearing within 30 days after the motion requesting the hearing is filed with the court unless the court finds good cause for an extension. Any determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in the de novo hearing issues his or her final determination, order, or ruling.

SB45-SSA2-SA8,126 Section 126. 813.127 of the statutes is amended to read:

SB45-SSA2-SA8,58,18 813.127 Combined actions; domestic abuse, child abuse, extreme risk protection, and harassment. A petitioner may combine in one action 2 or more petitions under one or more of the provisions in ss. 813.12, 813.122, 813.124, and 813.125 if the respondent is the same person in each petition. In any such action, there is only one fee applicable under s. 814.61 (1) (a). In any such action, the hearings for different types of temporary restraining orders or injunctions may be combined.

SB45-SSA2-SA8,127 Section 127. 813.128 (2g) (b) of the statutes is amended to read:

SB45-SSA2-SA8,59,2 813.128 (2g) (b) A foreign protection order or modification of the foreign protection order that meets the requirements under this section has the same effect as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that the foreign protection order or modification shall be enforced according to its own terms.

SB45-SSA2-SA8,128 Section 128. 941.29 (1m) (f) of the statutes is amended to read:

SB45-SSA2-SA8,59,10 941.29 (1m) (f) The person is subject to an injunction issued under s. 813.12 or 813.122, a temporary restraining order or an injunction issued under s. 813.124, or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under this section and that has been filed under s. 813.128 (3g).

SB45-SSA2-SA8,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

SB45-SSA2-SA8,59,15 (1) Extreme risk protection orders; intent statement. The intent of s. 813.124 is to implement a state crisis intervention court proceeding in the form of an extreme risk protection order program that is eligible for federal grants under 34 USC 10152 (a) (1) (I) (iv).”.

SB45-SSA2-SA8,59,16 19. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,59,18 “Section 129. 20.455 (2) (gr) of the statutes, as affected by 2025 Wisconsin Act .... (this act), is amended to read:

SB45-SSA2-SA8,59,22 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or certifications to carry concealed weapons. All moneys received as fee payments under ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. to provide services under ss. 165.28, 175.35, 175.49, and 175.60.

SB45-SSA2-SA8,130 Section 130. 175.33 of the statutes is created to read:

SB45-SSA2-SA8,60,1 175.33 Transfer of firearms. (1) In this section:

SB45-SSA2-SA8,60,3 (a) “Family member” means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

SB45-SSA2-SA8,60,4 (b) “Firearm” includes the frame or receiver of a firearm.

SB45-SSA2-SA8,60,5 (c) “Firearms dealer” has the meaning given in s. 175.35 (1) (ar).

SB45-SSA2-SA8,60,6 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).

SB45-SSA2-SA8,60,8 (2) No person may transfer ownership of a firearm, or be transferred ownership of a firearm, unless one of the following applies:

SB45-SSA2-SA8,60,9 (a) The transferor is a firearms dealer.

SB45-SSA2-SA8,60,11 (b) The transferor makes the transfer to or through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

SB45-SSA2-SA8,60,13 (c) The transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

SB45-SSA2-SA8,60,17 (d) The transferor is transferring ownership of the firearm to a family member by gift, bequest, or inheritance, the transferee is not prohibited from possessing a firearm under s. 941.29 or federal law, and the transferee is at least 18 years of age.

SB45-SSA2-SA8,60,21 (3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor and shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months. The person is also prohibited under s. 941.29 from possessing a firearm for a period of 2 years.

SB45-SSA2-SA8,131 Section 131. 175.35 (title) of the statutes is amended to read:

SB45-SSA2-SA8,60,23 175.35 (title) Purchase of handguns firearms.

SB45-SSA2-SA8,132 Section 132. 175.35 (1) (at) of the statutes, as affected by 2025 Wisconsin Act .... (this act), is amended to read:

SB45-SSA2-SA8,61,20 175.35 (1) (at) “Firearms restrictions record search” means a search of department of justice records to determine whether a person seeking to purchase receive the transfer of a handgun firearm is prohibited from possessing a firearm under s. 941.29 or is included in the database under s. 165.64 (3). “Firearms restrictions record search” includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

SB45-SSA2-SA8,133 Section 133. 175.35 (1) (br) of the statutes is created to read:

SB45-SSA2-SA8,61,23 175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away, or otherwise dispose of.

SB45-SSA2-SA8,134 Section 134. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and amended to read:

SB45-SSA2-SA8,62,6 175.35 (2) (am) When a firearms dealer sells transfers a handgun firearm, including the frame or receiver of a firearm, he or she may not transfer possession of that handgun firearm to any other person until all of the following have occurred: requirements under par. (cm) have been met.

SB45-SSA2-SA8,135 Section 135. 175.35 (2) (a), (b) and (c) of the statutes are renumbered 175.35 (2) (cm) 1., 2. and 3.

SB45-SSA2-SA8,136 Section 136. 175.35 (2) (bm) of the statutes is created to read:

SB45-SSA2-SA8,62,12 175.35 (2) (bm) When a person transfers a firearm, including the frame or receiver of a firearm, through a firearms dealer, the transfer of possession of that firearm may not be made until all of the requirements of par. (cm) have been met.

SB45-SSA2-SA8,137 Section 137. 175.35 (2) (cm) (intro.) of the statutes is created to read:

SB45-SSA2-SA8,62,15 175.35 (2) (cm) (intro.) All of the following must occur before a firearm may be transferred under par. (am) or (bm):

SB45-SSA2-SA8,138 Section 138. 175.35 (2) (d) of the statutes, as affected by 2025 Wisconsin Act .... (this act), is renumbered 175.35 (2) (cm) 4.

SB45-SSA2-SA8,139 Section 139. 175.35 (2g) (a) of the statutes is amended to read:

SB45-SSA2-SA8,62,21 175.35 (2g) (a) The department of justice shall promulgate rules prescribing procedures under sub. (2) (cm) 1. for a transferee to provide and a firearms dealer to inspect identification containing a photograph of the transferee.

SB45-SSA2-SA8,140 Section 140. 175.35 (2g) (b) 1. of the statutes is amended to read:

SB45-SSA2-SA8,63,6 175.35 (2g) (b) 1. The department of justice shall promulgate rules prescribing a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to provide his or her name, date of birth, gender, race and social security number and other identification necessary to permit an accurate firearms restrictions record search under par. (c) 3. and the required notification under par. (c) 4. The department of justice shall make the forms available at locations throughout the state.

SB45-SSA2-SA8,141 Section 141. 175.35 (2g) (b) 2. of the statutes is amended to read:

SB45-SSA2-SA8,63,13 175.35 (2g) (b) 2. The department of justice shall ensure that each notification form under subd. 1. requires the transferee to indicate that he or she is not purchasing receiving a transfer of the firearm with the purpose or intent to transfer the firearm to a person who is prohibited from possessing a firearm under state or federal law and that each notification form informs the transferee that making a false statement with regard to this purpose or intent is a Class H felony.