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Petition To Return Firearms CV-433 - Wisconsin
|Petition To Return Firearms Form. This is a Wisconsin form and can be used in Civil Circuit Court Statewide .||
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FORM SUMMARY Name of Form: Petition to Return Firearm(s) Form Number: CV-433 Statutory Reference: 813.12(4m)(b), 813.122(5m)(b), and 813.125(4m)(d), 18 USC 921, 922 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. Who Completes It: 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) Accompanying Forms: A copy of the injunction and any extensions of the injunction that contained the firearm restriction and a copy of the receipt given when the firearm(s) were surrendered. New Form/Modification: Modification, last update 5/00. Modifications: Added spaces for address and telephone number. Added a new #6 to indicate if person was or was not convicted of a felony. Modified signature line caption to read Signature of Person Requesting Return of Firearms. Comments: Surrendered firearms cannot be returned until a court determines that 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." For the court to make that determination, there must be a method by which that information can be gathered. This petition begins the process. The court orders the sheriff to conduct a records search and make a response (CV-434). Based upon the response, the court can then enter an order (CV-435). A hearing would not be required unless the sheriffs response indicates a problem. This form can be used in any appropriate injunction proceeding, including domestic abuse (civil or family court), child abuse (civil or juvenile court), or harassment (civil or juvenile court). The caption is made specifically "generic" to allow such usag e. About this form: This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Courts Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Date: 06/02/03 <<<<<<<<<********>>>>>>>>>>>>> 2 For Official Use STATE OF WISCONSIN, CIRCUIT COURT, COUNTY IN RE THE RETURN OF FIREARMS TO: Petition to Return Firearm(s) Case No. A person required to surrender firearms in an injunction action Requesting persons Date of Birth Sex Race Height Weight Hair color Eye color Address Telephone Number Under oath I state that: 1. The court issued an injunction against me on . The injunction was issued Date based on a: domestic abuse petition. child abuse petition. harassment petition. 2. The court ordered me to surrender any firearms I owned or had in my possession to: the sheriff of this county. the sheriff of the county in which I resided: . Name of County to the following person: Name Address 3. I surrendered the following firearms to that person: Attach a copy of the receipt provided by the sheriff when the firearm(s) were surrendered. If the firearm(s) were surrendered to a third person, attach a copy of the receipt from [Attach a copy of the receipt provided by the sheriff when the See attached receipt or list. 4. The injunction has been vacated. expired and has not been extended. 5. I have have not been convicted of a misdemeanor crime of domestic violence. 6. I have have not been convicted of a felony. 7. I am 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 or family court commissioner is competent to grant relief. I REQUEST THAT THE COURT enter an order directing that the person named in paragraph 2 (above) return to me those firearms that were surrendered pursuant to the order of the court. Subscribed and sworn to before me on Signature of Person Requesting Return of Firearms Notary Public, State of Wisconsin Date My commission expires: DISTRIBUTION: 1. Court - Original 2. Petitioner in injunction action 3. Person to whom firearm(s) were surrendered CV-433, 06/03 Petition to Return Firearm(s) 813.12(4m)(b), 813.122(5m)(b) and 813.125(4m)(d), Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material.