Wisconsin Firearm Surrender Forms Petition for Temporary Restraining

Wisconsin Firearm Surrender Forms

Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing CV-402 (Page 1 & 2) Completed by: Petitioner or guardian of petitioner, if petitioner is incompetent person. Distribution: Original to court; copies to parties. Petitioner may also complete form CV-801 regarding respondent’s possession of firearms.

Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing CV 402 Completed by: Petitioner or guardian of petitioner, if petitioner is incompetent person. Distribution: Original to court; copies to parties. Petitioner may also complete form CV-801 regarding respondent’s possession of firearms.

Petitioner’s Statement of Respondent’s Possession of Firearms CV-801 Completed by: Petitioner Purpose: To indicate respondent’s ownership/possession of firearms. Petitioner to indicate firearm, quantity, type/make or model/serial number and current location, if know. Distribution: Original to court. Note: This form is optional. Because of safety concerns petitioners may not feel comfortable submitting this form to the court.

Service on Respondent When served temporary restraining order, respondents must be served with the following three documents: 1) Information for Respondents Regarding the Surrender and Return of Firearms (CV-804) 2) Respondent's Statement of Possession of Firearms (CV-800) 3) Notice of Firearms Possession Penalties (CV-432)

Information for Respondents Regarding Surrender and Return of Firearms Form CV 804 (Pages 1 & 2) This form should be served on Respondent with the Temporary Restraining Order.

Information for Respondents Regarding Surrender and Return of Firearms Form CV 804 (Pages 3 & 4) This form should be served on Respondent with the Temporary Restraining Order.

Respondent’s Statement of Firearm Possession Form CV-800 Served on Respondent with TRO. Completed by: Respondent Collected by: Court at injunction hearing. Court should inquire on the record under oath about contents of form as false information may be subject to penalty. Distribution: Original to court, copies to petitioner, respondent and law enforcement. Note: A suggested practice is having law enforcement inquire about firearms casually, before providing this document. Law enforcement should note Respondent’s response on service document that is returned to court.

Order to Surrender Firearms and Notice of Firearm Surrender Hearing Form CV-803 Utilize this form when: 1) Respondent appears at hearing, court grants injunction and finds that respondent possesses firearms, and 2) Respondent fails to appear at hearing, court grants injunction and finds that respondent possesses firearms. Completed by: Court Purpose of Form: Orders the following: respondent to surrender firearms within a specified period of time, no greater than 48 hours; respondent to appear at a firearms surrender hearing, one week after injunction hearing; stays of the injunction and extension of the TRO.

Notice of Firearm Surrender Hearing – Respondent Not Present at Injunction Hearing Form CV-802 Utilize this form when: The respondent fails to appear at the injunction hearing, and the Court is uncertain if the respondent possesses firearms. Completed by: Court Purpose: To order respondent to appear at a surrender hearing.

Notice Of Firearm Possession Penalties Form CV-432 Completed by: Court Purpose: To give notice to a third party to whom firearms have been surrendered of their responsibilities and potential penalties. Distribution of Form: Original to court, copy to party named as the recipient of the firearms, petitioner, respondent, law enforcement. Accompanying Forms: A copy of the Injunction order must be attached.

Petition to Return Firearms Form CV-433 Purpose of Form: To allow a person to seek return of firearms that surrendered when an Injunction in a domestic abuse, child abuse, or harassment case was ordered. Completed by: Person seeking return of firearms Distribution of Form: Original to court, copy to petitioner in the injunction action, copy to party to whom the firearms were surrendered (a sheriff or third party). To return firearms Court must find: the injunction has been vacated or expired and 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 a judge of family court commissioner is competent to grant relief. "

Order to Sheriff for Firearms Record Check/ Response From Sheriff Form CV-434 Purpose of Form: To require the local sheriff to conduct a record check to determine whether the person who is seeking return of firearms is otherwise prohibited from possessing a firearm and to provide a response form for the sheriff. Completed by: Court official initiating the record check (top) Local Sheriff (bottom) Distribution of Form: Original to court, copy to sheriff Accompanying Forms: A copy of the petition should be attached when sent to the sheriff

Order Concerning Return of Firearms CV-435 Purpose: Court’s order granting or denying the petition to return firearms and to give instructions to person to whom firearms were surrendered. Completed by: Court official Distribution: Original to court file, copy to person seeking return of firearms, copy to person to whom firearms were surrendered.

Prepared with the assistance of: Amber Peterson, J. D. Circuit Court Policy and Procedures Advisor Wisconsin Director of State Courts – Office of Court Operations Judge Jeffrey A. Kremers Milwaukee County Circuit Court