AB50-ASA2-AA15,138,94175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing 5false information regarding whether he or she is purchasing receiving a transfer of 6the firearm with the purpose or intent to transfer the firearm to another who the 7person knows or reasonably should know is prohibited from possessing a firearm 8under state or federal law is guilty of a Class H felony. The penalty shall include a 9fine that is not less than $500. AB50-ASA2-AA15,28110Section 281. 175.355 of the statutes, as created by 2025 Wisconsin Act .... 11(this act), is repealed. AB50-ASA2-AA15,138,1413175.60 (7) (d) A fee for a background check that is equal to the fee charged 14under s. 175.35 (2i) (a). AB50-ASA2-AA15,28315Section 283. 175.60 (15) (b) 4. b. of the statutes is amended to read: AB50-ASA2-AA15,138,1716175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee 17charged under s. 175.35 (2i) (a). AB50-ASA2-AA15,138,2219938.341 Delinquency adjudication; restriction on firearm possession. 20Whenever a court adjudicates a juvenile delinquent for an act that if committed by 21an adult in this state would be a felony or for a violation under s. 175.33 (2), the 22court shall inform the juvenile of the requirements and penalties under s. 941.29. AB50-ASA2-AA15,285
1Section 285. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to 2read: AB50-ASA2-AA15,139,43941.29 (1m) (dm) The person has been convicted of a misdemeanor under s. 4175.33 (2), unless at least 2 years have passed since the conviction. AB50-ASA2-AA15,139,65(dn) The person has been adjudicated delinquent for a violation under s. 6175.33 (2), unless at least 2 years have passed since the adjudication. AB50-ASA2-AA15,139,97(do) The person has been found not guilty of a misdemeanor under s. 175.33 8(2) by reason of mental disease or defect, unless at least 2 years have passed since 9the finding. AB50-ASA2-AA15,139,1411971.17 (1g) Notice of restriction on firearm possession. If the 12defendant under sub. (1) is found not guilty of a felony, or of a violation under s. 13175.33 (2), by reason of mental disease or defect, the court shall inform the 14defendant of the requirements and penalties under s. 941.29. AB50-ASA2-AA15,139,2016973.176 (1) Firearm possession. Whenever a court imposes a sentence or 17places a defendant on probation regarding a felony conviction or regarding a 18conviction for a misdemeanor under s. 175.33 (2), the court shall inform the 19defendant of the requirements and penalties applicable to him or her under s. 20941.29 (1m) or (4m). AB50-ASA2-AA15,140,222(1) Transfers of firearms. The treatment of ss. 175.33 and 175.35 (1) (at) 23(by Section 258) and (br) and (2) (intro.), (a), (b), (bm), (c), (cm) (intro.), and (d), the
1renumbering of s. 175.35 (2j), and the creation of s. 175.35 (2j) (b) first apply to 2transfers that occur on the effective date of this subsection. AB50-ASA2-AA15,140,124(1) Transfers of firearms. The treatment of ss. 175.33, 175.35 (title), (1) 5(at) (by Section 258) and (br), (2) (intro.), (a), (bm), (c), and (cm) (intro.), (2g) (a), (b) 61. and 2., and (c) 4. c. (by Section 268), (2k) (ar) 2., (c) 2. a. and b., (g), and (h), (2L), 7(2t) (a), (b), and (c), and (3) (b) 2., 176.60 (7) (d) and (15) (b) 4. b., 938.341, 941.29 8(1m) (dm), (dn), and (do), 971.17 (1g), and 973.176 (1), the repeal of s. 175.355, the 9renumbering of s. 175.35 (2) (d) and (2j), the renumbering and amendment of s. 10175.35 (2i), the amendment of s. 20.455 (2) (gr), and the creation of s. 175.35 (2i) (b) 112. and (2j) (b) and Section 9327 (1) of this act take effect on the first day of the 7th 12month beginning after publication.”. AB50-ASA2-AA15,140,1815165.63 (3) Requests from courts. In making a determination required 16under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court 17commissioner shall request information under sub. (2) from the department or from 18a law enforcement agency or law enforcement officer as provided in sub. (4) (d). AB50-ASA2-AA15,140,2220165.63 (4) (d) Aid the court in making a determination required under s. 21813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a 22determination required under s. 968.20 (1m) (d) 2. AB50-ASA2-AA15,141,18
1175.35 (1) (at) “Firearms restrictions record search” means a search of 2department of justice records to determine whether a person seeking to purchase a 3handgun is prohibited from possessing a firearm under s. 941.29 or is included in 4the database under s. 165.64 (3). “Firearms restrictions record search” includes a 5criminal history record search, a search to determine whether a person is 6prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search 7in the national instant criminal background check system to determine whether a 8person has been 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), a search to determine whether the person 10is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as 11defined in s. 813.12 (1) (e), issued by a court established by any federally recognized 12Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, 13that includes notice to the respondent that he or she is subject to the requirements 14and penalties under s. 941.29 and that has been filed with the circuit court under s. 15813.128 (3g), a search to determine whether the person is subject to a temporary 16restraining order or injunction under s. 813.124, and a search to determine whether 17the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 18(4m). AB50-ASA2-AA15,142,1520175.60 (9g) (a) 2. The department shall conduct a criminal history record 21search and shall search its records and conduct a search in the national instant 22criminal background check system to determine whether the applicant is 23prohibited from possessing a firearm under federal law; whether the applicant is
1prohibited from possessing a firearm under s. 941.29; whether the applicant is 2prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; 3whether the applicant has been ordered not to possess a firearm under s. 51.20 (13) 4(cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is 5subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined 6in s. 813.12 (1) (e), issued by a court established by any federally recognized 7Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, 8that includes notice to the respondent that he or she is subject to the requirements 9and penalties under s. 941.29 and that has been filed with the circuit court under s. 10813.128 (3g); whether the applicant is subject to a temporary restraining order or 11injunction under s. 813.124; and whether the applicant is prohibited from 12possessing a firearm under s. 813.123 (5m) or 813.125 (4m); and to determine if the 13court has prohibited the applicant from possessing a dangerous weapon under s. 14969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a 15dangerous weapon as a condition of release under s. 969.01. AB50-ASA2-AA15,29216Section 292. 175.60 (11) (a) 2. f. of the statutes is amended to read: AB50-ASA2-AA15,142,1917175.60 (11) (a) 2. f. The individual becomes subject to an a temporary 18restraining order or injunction described in s. 941.29 (1m) (f) or is ordered not to 19possess a firearm under s. 813.123 (5m) or 813.125 (4m). AB50-ASA2-AA15,142,2221801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in 22which the cause of action arose or where the petitioner or the respondent resides. AB50-ASA2-AA15,143,8
1801.58 (2m) If, under sub. (2), the judge determines that the request for 2substitution was made timely and in proper form, any ex parte order granted by the 3original judge remains in effect according to the terms, except that a temporary 4restraining order issued under s. 813.12 (3), 813.122 (4), 813.123 (4), 813.124 (2t), 5or 813.125 (3) by the original judge is extended until the newly assigned judge holds 6a hearing on the issuance of an injunction. The newly assigned judge shall hear any 7subsequent motion to modify or vacate any ex parte order granted by the original 8judge. AB50-ASA2-AA15,143,1910813.06 Security for damages. In proceedings under s. 767.225 the court or 11judge may, and in all other proceedings except proceedings under ss. 813.12, 12813.122, 813.124, 813.125 and 823.113 the court or judge shall, require a bond of 13the party seeking an injunction, with sureties, to the effect that he or she will pay to 14the party enjoined such damages, not exceeding an amount to be specified, as he or 15she may sustain by reason of the injunction if the court finally decides that the 16party was not entitled thereto. Copies of such bond, affidavit or other pleading 17shall be served upon the party enjoined and the officer serving the same shall, 18within 8 days after such service, file his or her return in the office of the clerk of the 19court. AB50-ASA2-AA15,143,2221813.124 Extreme risk protection temporary restraining orders and 22injunctions. (1) Definitions. In this section: AB50-ASA2-AA15,143,2323(a) “Family or household member” means any of the following: AB50-ASA2-AA15,144,1
11. A person related by blood, adoption, or marriage to the respondent. AB50-ASA2-AA15,144,322. A person with whom the respondent has or had a dating relationship, as 3defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common. AB50-ASA2-AA15,144,543. A person who resides with, or within the 6 months before filing a petition, 5had resided with, the respondent. AB50-ASA2-AA15,144,664. A domestic partner under ch. 770 of the respondent. AB50-ASA2-AA15,144,975. A person who is acting or has acted as the respondent’s legal guardian or 8who is or was a foster parent or other physical custodian described in s. 48.62 (2) of 9the respondent. AB50-ASA2-AA15,144,12106. A person for whom the respondent is acting or has acted as a legal guardian 11or for whom the respondent is or was the foster parent or other physical custodian 12described in s. 48.62 (2). AB50-ASA2-AA15,144,1313(b) “Firearms dealer” has the meaning given in s. 175.35 (1) (ar). AB50-ASA2-AA15,144,1414(c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c). AB50-ASA2-AA15,144,1715(2) Commencement of action and response. No action under this section 16may be commenced by complaint and summons. An action under this section may 17be commenced only by a petition described under sub. (4) (a). AB50-ASA2-AA15,144,1818(2m) Procedure. Procedure for an action under this section is as follows: AB50-ASA2-AA15,145,519(a) If the petitioner requests an extreme risk protection temporary restraining 20order, the court shall consider the request as provided under sub. (2t). If the court 21issues a temporary restraining order, the court shall set forth the date, which must 22be within 14 days of issuing the temporary restraining order, for the hearing on the 23injunction and shall forward a copy of the temporary restraining order, the
1injunction hearing date, and the petition to the appropriate law enforcement agency 2with jurisdiction over the respondent’s residence. The law enforcement agency 3shall immediately, or as soon as practicable, serve it on the respondent. If personal 4service cannot be effected upon the respondent, the court may order other 5appropriate service. AB50-ASA2-AA15,145,136(b) The court shall hold a hearing under sub. (3) on whether to issue an 7extreme risk protection injunction, which is the final relief. If there was no 8temporary restraining order, the respondent shall be served notice of the petition by 9a law enforcement officer and the date for the hearing shall be set upon motion by 10either party. If personal service cannot be effected upon the respondent, the court 11may order other appropriate service. The service shall include the name of the 12respondent and of the petitioner, and, if known, notice of the date, time, and place of 13the injunction hearing. AB50-ASA2-AA15,145,1514(c) When the respondent is served under this subsection, the respondent shall 15be provided notice of the requirements and penalties under s. 941.29. AB50-ASA2-AA15,145,2016(2t) Extreme risk protection temporary restraining order. (a) A judge 17shall issue an extreme risk protection temporary restraining order under this 18subsection prohibiting the respondent from possessing a firearm and ordering the 19respondent to surrender all firearms in the respondent’s possession if all of the 20following occur: 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 respondent’s 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 respondent’s possession to a law enforcement officer or transfer or sell all 2firearms in the respondent’s 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 15respondent’s 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 petitioner’s 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.
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