DMR.2.17.050 Notice of Restriction on Firearm Possession; Surrender of Firearms

(a) An injunction issued under Section DMR.2.17.040 shall do all of the following:

(1) Inform the respondent named in the petition of the requirements and penalties under sec. 941.29, Wis. Stats.

(2) Except as provided in par. (2) (a), require the respondent to surrender any firearms that he or she owns or has in his or her possession to the chief of police, to the sheriff of the county in which the respondent resides, or to another person designated by the respondent and approved by the judge or magistrate. The judge or magistrate shall approve the person designated by the respondent unless the judge or magistrate finds that the person is inappropriate and places the reasons for the finding on the record. If a firearm is surrendered to a person designated by the respondent and approved by the judge or magistrate, the judge or magistrate shall inform the person to whom the firearm is surrendered of the requirements and penalties under sec. 941.29 (4), Wisconsin Statutes.

(A) If the respondent is a peace officer, an injunction issued under Section DMR.2.17.040 may not require the respondent to surrender a firearm that he or she is required, as a condition of employment, to possess whether or not he or she is on duty.

(B) 1. When a respondent surrenders a firearm under par. (a) 2. to the chief of police or a sheriff, the chief or sheriff who is receiving the firearm shall prepare a receipt for each firearm surrendered to him or her. The receipt shall include the manufacturer, model and serial number of the firearm surrendered to the chief or sheriff and shall be signed by the respondent and by the chief or sheriff to whom the firearm is surrendered.

(3) The chief of police or the sheriff shall keep the original of a receipt prepared under par. (b) (1) and shall provide an exact copy of the receipt to the respondent. When the firearm covered by the receipt is returned to the respondent under par. (d), the chief or sheriff shall surrender to the respondent the original receipt and all of his or her copies of the receipt.

(4) A receipt prepared under par. (b) (1) is conclusive proof that the respondent owns the firearm for purposes of returning the firearm covered by the receipt to the respondent under par. (d).

(5) The chief or police or sheriff may not enter any information contained on a receipt prepared under par. (b) (1) into any computerized or direct electronic data transfer system in order to store the information or disseminate or provide access to the information.

(b) The chief of police or a sheriff may store a firearm surrendered to him or her under par. (a) 2. in a warehouse that is operated by a public warehouse keeper licensed under ch. 99 of the Wisconsin Statutes. If the chief or a sheriff stores a firearm at a warehouse under this paragraph, the respondent shall pay the costs charged by the warehouse for storing that firearm.

(c) A firearm surrendered under par. (a) 2. may not be returned to the respondent until a judge determines all of the following:

(1) That the injunction issued under Section DMR.2.17.040 has been vacated or has expired and not been extended.

(2) That the person is not prohibited from possessing a firearm under any tribal, state or federal law or by the order of the Tribal Court or any federal court or state court, other than an order from which the judge is competent to grant relief.

(d) If a respondent surrenders a firearm under par. (a) 2. that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to court. 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 sec. 941.29 (4), Wisconsin Statutes.