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Bills from the 2009–10 session

Senate Bill 381

Notice of firearm prohibition when served with notice of an injunction hearing and process for surrendering firearms following the granting of certain injunctions

Topics: Court: Procedure, Firearms and dangerous weapons, Service of process and papers

Stopped in committee

It had a but no committee vote, so it never came up for a vote. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Nov 3, 2009

  2. Committee, stopped here

    Stopped here. It had a hearing but no committee vote.

  3. Senate vote, not reached

  4. Assembly vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ⁠”

It sat with the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, a person is prohibited from possessing a firearm and must surrender any firearm he or she currently possesses if he or she is subject to a domestic abuse injunction, a child abuse injunction, or, if the court determines that he or she may use a firearm to harm another or endanger public safety, a harassment injunction (injunction). A person who is subject to an injunction may surrender his or her firearm to a sheriff or to a third party approved by the court and is guilty of a Class G felony if convicted of possessing a firearm while subject to the injunction.

This bill creates a procedure for notifying a person of the prohibition against possessing a firearm and of the requirement to surrender any firearm when the person is served with a petition for an injunction hearing.

Read the full summary

The bill also creates a procedure for surrendering firearms if the court grants an injunction. If the person who is subject to the injunction (respondent) is present at the injunction hearing, he or she may provide the court with a completed firearm possession form, which is a form that requests information such as the quantity and the make and model of any firearms he or she owns or possesses or has owned or possessed in the previous six months. If the respondent is not present at the injunctive hearing, the court must provide the petitioner with the opportunity to state if the respondent possesses a firearm and, if so, the quantity and make and model of any firearm. If the court is not satisfied that the respondent does not possess a firearm, a firearm surrender hearing must take place within one week of the injunction hearing. If, subject to certain conditions, the respondent surrenders all firearms to the sheriff or to a third party within 48 hours, the court must dismiss the firearm surrender hearing unless the court has a reason related to the surrender of firearms not to dismiss the hearing.

If the court does not dismiss the hearing, a respondent must attend a firearm surrender hearing if the respondent did not appear at the injunction hearing and the court is not satisfied that the respondent does not possess a firearm or the respondent wants to surrender a firearm to a third party that did not appear at the injunction hearing. If a respondent is required to attend the hearing but does not, the court must issue an arrest warrant for the respondent.

At a firearm surrender hearing, if the respondent wants to surrender a firearm to a third party who attends the firearm surrender hearing, the court shall, subject to certain conditions, permit the surrender. If the third party is not at the firearm surrender hearing or the conditions are not met, or the respondent does not want to surrender a firearm to a third party, the court must order the respondent to surrender his or her firearm to the sheriff within 48 hours of the order. If the respondent fails to comply with the order, the court must issue an arrest warrant for the respondent.

Who's behind it

6 senators are its ⁠. All 6 are Democrats.

21 more lawmakers ⁠.

See all 27 names

Authors (6)

Signed on in support (21)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Feb 5, 2010

    “Report of joint review committee on Criminal Penalties received” (the official wording)

  3. Feb 4, 2010

    The committee held a public hearing.

  4. Jan 5, 2010

    A state agency sent in its estimate of the cost.

  5. Dec 2, 2009

    “Report of joint review committee on Criminal Penalties requested pursuant to s. 13.525 (5) Wisconsin Statutes” (the official wording)

  6. Nov 19, 2009

    A state agency sent in its estimate of the cost.

  7. Nov 18, 2009

    A state agency sent in its estimate of the cost.

  8. Nov 17, 2009

    A state agency sent in its estimate of the cost.

  9. Nov 3, 2009

    Sent to the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.

  10. Nov 3, 2009

    Introduced in the Senate.

See the official record, word for word
  1. Nov 3, 2009 · Senate

    Introduced by Senators Taylor, Robson, Lassa, Jauch, Risser and Coggs;Cosponsored by Representatives Bernard Schaber, Staskunas, Parisi, Berceau, Roys, Turner, Fields, Pasch, Milroy, A. Ott, Hraychuck, Richards, Sinicki, Kestell, Hebl, Zepnick, Seidel, Grigsby, Toles, LeMahieu and Newcomer

  2. Nov 3, 2009 · Senate

    Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing

  3. Nov 17, 2009 · Senate

    Fiscal estimate received

  4. Nov 18, 2009 · Senate

    Fiscal estimate received

  5. Nov 19, 2009 · Senate

    Fiscal estimate received

  6. Dec 2, 2009 · Senate

    Report of joint review committee on Criminal Penalties requested pursuant to s. 13.525 (5) Wisconsin Statutes

  7. Jan 5, 2010 · Senate

    Fiscal estimate received

  8. Jan 15, 2010 · Senate

    Senate amendment 1 offered by Senator Taylor

  9. Feb 3, 2010 · Senate

    Senate amendment 2 offered by Senator Taylor

  10. Feb 4, 2010 · Senate

    Public hearing held

  11. Feb 5, 2010 · Senate

    Report of joint review committee on Criminal Penalties received

  12. Apr 28, 2010 · Senate

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate