MONROE - A few loopholes in domestic abuse restraining orders have been cinched up to keep firearms away from alleged offenders.
Assembly Bill 464, passed in April, clarifies language domestic violence laws, now ensuring that offenders are court ordered to give up weapons to their local sheriff; if they don't, they could be jailed.
Wisconsin domestic abuse law requires an initial 72-hour period of no contact with the victim. Once the alleged offender arrives in court, the judge can choose to issue an injunction barring them from having contact with the victim for up to 14 days. The bill passed in April modifies domestic abuse law to include that all firearms be turned over if a judge issues an injunction. Green County Sheriff's Department Detective Chris Feiz has gone to special training specifically for the new iterations of the law. Feiz said the law doesn't change circumstances where they would take a firearm anyway, such as a violent or threatening crime where a weapon was used. Rather, the law requires judges to order that firearms be surrendered if they also issue a restraining order.
"I see it as a change up in the checks and balances," Feiz said. "Used to be the judge could order a firearm surrender but it would never make it out of court and never down to law enforcement."
The bill was attached to several other changes that Gov. Scott Walker signed into law as Act 321. Feiz said the tweaks to domestic abuse laws make it so that even in the case of a non-violent crime, if a judge orders a restraining order , any guns must be surrendered.
Feiz said a new gun locker is is being installed in the Green County Justice Center to prepare for the excess of guns the department may be collecting. Feiz said the old safe at the sheriff's department, where evidentiary firearms and surrendered weapons are kept, is filled and spilling out of the safe. Currently, the sheriff's department has about 180 guns both as evidence and surrendered from injunctions.
"The way we had it, there were guns on top of guns, and we're responsible for these firearms if they fall and break," Feiz said.
The sheriff's department will hold firearms for the extent of the restraining order, typically 10 to 14 days unless ordered longer. But if the offender is convicted, the department will hold the firearm for at least four years.
Feiz said the firearm surrender also closes a loophole that allowed offenders to have a relative or friend take and secure a weapon while a restraining order is in effect.
"Used to be most of them would turn them (guns) over to a third party ... like an uncle who would just give it right back; but now that third party has to go and have a hearing in front of a judge so they know they have a legal obligation and can't just turn around and give the firearm back to them," Feiz said.
Monroe Police Chief Fred Kelley said his department typically only holds weapons as evidence, and the sheriff department takes most of the surrendered guns.
"It's all about prevention," Kelley said.
"Hopefully if you remove some evil tool, for lack of a better term, this will stop them from imposing their will on a victim."
Assembly Bill 464, passed in April, clarifies language domestic violence laws, now ensuring that offenders are court ordered to give up weapons to their local sheriff; if they don't, they could be jailed.
Wisconsin domestic abuse law requires an initial 72-hour period of no contact with the victim. Once the alleged offender arrives in court, the judge can choose to issue an injunction barring them from having contact with the victim for up to 14 days. The bill passed in April modifies domestic abuse law to include that all firearms be turned over if a judge issues an injunction. Green County Sheriff's Department Detective Chris Feiz has gone to special training specifically for the new iterations of the law. Feiz said the law doesn't change circumstances where they would take a firearm anyway, such as a violent or threatening crime where a weapon was used. Rather, the law requires judges to order that firearms be surrendered if they also issue a restraining order.
"I see it as a change up in the checks and balances," Feiz said. "Used to be the judge could order a firearm surrender but it would never make it out of court and never down to law enforcement."
The bill was attached to several other changes that Gov. Scott Walker signed into law as Act 321. Feiz said the tweaks to domestic abuse laws make it so that even in the case of a non-violent crime, if a judge orders a restraining order , any guns must be surrendered.
Feiz said a new gun locker is is being installed in the Green County Justice Center to prepare for the excess of guns the department may be collecting. Feiz said the old safe at the sheriff's department, where evidentiary firearms and surrendered weapons are kept, is filled and spilling out of the safe. Currently, the sheriff's department has about 180 guns both as evidence and surrendered from injunctions.
"The way we had it, there were guns on top of guns, and we're responsible for these firearms if they fall and break," Feiz said.
The sheriff's department will hold firearms for the extent of the restraining order, typically 10 to 14 days unless ordered longer. But if the offender is convicted, the department will hold the firearm for at least four years.
Feiz said the firearm surrender also closes a loophole that allowed offenders to have a relative or friend take and secure a weapon while a restraining order is in effect.
"Used to be most of them would turn them (guns) over to a third party ... like an uncle who would just give it right back; but now that third party has to go and have a hearing in front of a judge so they know they have a legal obligation and can't just turn around and give the firearm back to them," Feiz said.
Monroe Police Chief Fred Kelley said his department typically only holds weapons as evidence, and the sheriff department takes most of the surrendered guns.
"It's all about prevention," Kelley said.
"Hopefully if you remove some evil tool, for lack of a better term, this will stop them from imposing their will on a victim."