Wisconsin Firearm Surrender Forms and Procedure for Temporary Restraining Order

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Wisconsin
Firearm Surrender
Forms
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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.
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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.
 
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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)
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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.
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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.
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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.
undefined
 
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.
undefined
 
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.
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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.
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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."
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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
undefined
 
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.
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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
Prepared with the
assistance of:
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Comprehensive collection of Wisconsin firearm surrender forms and documents required for petitioning a Temporary Restraining Order in cases involving firearms. These forms include petitions, statements, and information guides for respondents regarding surrender and return of firearms.


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  1. Wisconsin Firearm Surrender Forms

  2. 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.

  3. 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.

  4. Petitioners 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.

  5. 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)

  6. 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.

  7. 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.

  8. Respondents 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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."

  13. 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

  14. 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.

  15. 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

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