Firearm Surrender Laws for Restraining Orders in Wisconsin
Under 2013 Wisconsin Act 321, if a judge grants a domestic abuse or child abuse injunction against you, you are legally mandated to surrender all firearms. You must complete a firearm surrender hearing and provide formal proof to the court that you have turned your weapons over to a sheriff or an approved third party.
Understanding 2013 Wisconsin Act 321 and Mandatory Surrender
Wisconsin takes domestic abuse allegations very seriously. When a temporary restraining order (TRO) or a final injunction is issued, the court's priority is securing the safety of the petitioner. Under Wis. Stat. § 813.1285 (enacted under 2013 Wisconsin Act 321), any individual who becomes subject to a domestic abuse or child abuse injunction must immediately surrender all firearms in their possession. This law ensures that the firearm ban is not just a suggestion, but a strictly enforced court mandate.
If you are facing an injunction in the Waukesha County Circuit Court, Waukesha or the Outagamie County Circuit Court, Appleton, you must follow exact legal procedures to prove you no longer have access to weapons. Failing to comply can result in immediate arrest and felony charges. Because navigating the surrender protocols can be legally treacherous, you should find a skilled local defense attorney in our directory to help you avoid criminal contempt charges.
The Firearm Surrender Hearing
When an injunction is granted, the judge or court commissioner will schedule a mandatory Firearm Surrender Hearing, typically within one week of the injunction hearing. You are legally required to attend this hearing. Before or during this hearing, you must fill out and file Form CV-800, Wisconsin, Circuit Court, Respondent's Statement of Possession of Firearms. This form requires you to state under oath whether you own firearms and exactly how many you possess. Lying on this form constitutes perjury.
Third-Party Firearm Storage Rules
You do not necessarily have to surrender your valuable firearms to the local sheriff's department, where they might sit in a damp evidence room. Wisconsin law allows you to surrender your guns to a trusted third party, such as a friend or family member. However, the third party must be approved by the court. They must attend the hearing, pass a background check to ensure they are legally allowed to possess firearms, and sign Form CV-432, Wisconsin, Circuit Court, Notice of Firearms Possession Penalties. The third party must swear under oath that they will not allow you access to the weapons for the duration of the injunction.
Consequences of Failing to Surrender
Ignoring the surrender order is a severe mistake. If you fail to attend the firearm surrender hearing or fail to produce the required receipt of surrender, the court will issue a warrant for your arrest. Furthermore, possessing a firearm while subject to an injunction is a Class G felony in Wisconsin under Wis. Stat. § 941.29. A conviction can lead to up to 10 years in prison and a permanent, lifetime ban on ever owning a firearm. The Wisconsin Supreme Court case State v. Perez, 244 Wis. 2d 582 (WI Supreme Court 2001) illustrates the strict judicial oversight regarding when and how firearms can be legally returned to individuals.
Costs Associated with Firearm Surrender
While surrendering your firearms is a court mandate, there are logistical costs involved.
| Sheriff Storage Fees | Varies by county (e.g., Dane County Sheriff's Office, Madison may charge daily or flat fees). |
| FFL Storage Fees | $20 to $50 per month if you surrender them to a licensed gun dealer for safekeeping. |
| Attorney Representation | $1,500 - $3,500 to handle the injunction and surrender hearing compliance. |
Timelines for Surrender and Return
You are usually ordered to surrender your weapons within 48 hours of the injunction being granted. You must present the receipt of surrender at the hearing scheduled later that week. If the injunction is issued for four years, your firearms must remain with law enforcement or the approved third party for that entire 48-month period. Once the injunction expires, you must petition the court using Form CV-433, Wisconsin, Circuit Court, Petition to Return Firearm(s) to legally get your property back.
Frequently Asked Questions (FAQ)
Can the police search my house for guns if an injunction is filed?
If you fail to surrender your firearms as ordered, or if the petitioner provides evidence that you are hiding weapons, the judge can issue a search warrant allowing law enforcement to search your home and seize the guns.
What if I already sold all my guns before the hearing?
You must still attend the firearm surrender hearing and state under oath on the required forms that you no longer possess any firearms. You may need to provide bills of sale to prove you disposed of them legally.
Can I give my guns to my spouse who lives with me?
Generally, no. Courts rarely approve a third party who resides in the same household as you, because it is too difficult to prove you do not have 'constructive possession' or easy access to the weapons in your own home.
Where can I find a lawyer to help me get my guns back?
You can use our national directory to locate experienced attorneys in Wisconsin who can help you navigate the petition process to safely and legally recover your surrendered firearms.
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