Waukesha County

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RETURN OF FIREARM(S) RELATED TO RESTRAINING ORDERS

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, the following information and forms provided in the links section of this page begins the process.

Who completes the forms? - Person seeking return of firearms

Depending on the type of injunction that was granted the firearms may not be returned until:

    1. The respondent completes a petition for the return of firearms.
    2. A court determines the injunction has been vacated or expired.
    3. The court determines respondent is not prohibited from possessing a firearm under any state or federal law or any state or federal court order.
    4. A court orders the firearms be returned.

The firearm surrender law only applies to all types of restraining orders when an injunction is granted.  Additionally there are exceptions to who must surrender firearms at the time an injunction is granted, and also limitations on to who may possess a firearm after the court has ordered firearm surrender. 

To determine the applicability of the above restrictions to your type of injunction,or for information regarding these specific exclusions and situations, please refer to Wisconsin State Statutes.

For additional resources or definitions of any of the above terms, please visit the links on this page or the additional Civil Court research links located (here)