Wisconsin Assembly Bill AB350

Wisconsin 2023-2024 Regular Session

• Introduced: 7/17/23
• Refer: 7/17/23
• Failed: 4/15/24

Caption

Extreme risk protection temporary restraining orders and injunctions and providing a penalty. (FE)

Impact

If enacted, AB350 would significantly change existing laws regarding firearm possession in situations involving individuals at elevated risk of harm. The bill mandates that upon the issuance of a TRO, individuals are required to surrender any firearms in their possession. This enforcement mechanism aims to ensure immediate actions are taken to protect vulnerable individuals while addressing potential threats to public safety. The bill sets out the procedures for expediting hearings on injunction requests, fostering a quicker judicial response to assess and mitigate risks.

Summary

Assembly Bill 350 introduces provisions for extreme risk protection temporary restraining orders (TROs) and injunctions, allowing for the prohibition of firearm possession by individuals deemed a risk to themselves or others. Under this proposed legislation, both law enforcement officers and family or household members can file petitions for such injunctions, emphasizing the importance of community safety and mental health considerations in firearm possession disputes. The essence of the bill is aimed at curbing gun violence and potential self-harm, which is a pressing issue in many communities.

Contention

The bill could potentially ignite debates around the balance between individual Second Amendment rights and the community's need for safety. Proponents argue that such measures are essential for preventing gun violence, especially in cases involving mental health crises or domestic violence. Critics may raise concerns about due process, the risk of misuse of the law to infringe upon lawful gun owners’ rights, and the overall effectiveness of such injunctions in preventing violent acts. Notably, the legislation carries penalties for false swearing, seeking to deter misuse of the system.