Wisconsin Senate Bill SB352

Wisconsin 2023-2024 Regular Session

• Introduced: 6/29/23
• Refer: 6/29/23
• Failed: 4/15/24

Caption

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

Impact

The implementation of SB352 would amend existing statutes to incorporate provisions for extreme risk protection orders, which allow courts to prohibit individuals from possessing firearms if a credible threat is identified. It extends the judicial framework for addressing situations where there is an imminent danger due to mental health crises or domestic disputes. The bill includes mechanisms for expedited hearings when claiming immediate danger, thereby enabling quicker intervention and legal recourse to safeguard affected individuals and the public at large.

Summary

Senate Bill 352 introduces extreme risk protection temporary restraining orders and injunctions designed to enhance public safety by allowing law enforcement officers or family members to petition the court for a restraining order against individuals deemed at high risk of harming themselves or others if they possess firearms. The bill aims to prevent gun violence by facilitating rapid judicial response to potentially dangerous situations. This bill outlines procedures for court hearings and decision-making processes regarding the issuance of temporary restraining orders (TROs) and injunctions in a manner that prioritizes immediate safety concerns.

Contention

The bill has raised discussions around the balance between public safety and individual rights. Opponents express concerns about potential overreach, arguing that the criteria for issuing such orders may risk infringing upon Second Amendment rights or lead to unjust consequences for individuals without due process. Proponents, on the other hand, argue that the legislation provides necessary tools for mitigating risks and preventing tragedies like mass shootings and domestic violence incidents. This bill could lead to significant changes in how firearm possession is regulated in response to behavioral health crises and domestic threats.