imported post
Wisconsin State Statutes
968.20 Return of property seized.
(1) Any person claiming the right to possession of property seized pursuant to a search warrant or seized without a search warrant may apply for its return to the circuit court for the county in which the property was seized or where the search warrant was returned. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property, other than contraband or property covered under
sub. (1m) or
(1r) or
s. 173.12,
173.21 (4), or
968.205 returned if:
968.20 (1m)(b)
(b) If the seized property is a dangerous weapon or ammunition, the property shall not be returned to any person who committed a crime involving the use of the dangerous weapon or the ammunition. The property may be returned to the rightful owner under this section if the owner had no prior knowledge of and gave no consent to the commission of the crime. Property which may not be returned to an owner under this subsection shall be disposed of under
subs. (3) and
(4).
968.20 - ANNOT.
Under sub. (1m) (b), "rightful owner" refers to an innocent person who owned a firearm or ammunition at the time an offense was committed. State v. Williams, 148 Wis. 2d 852, 436 N.W.2d 924 (Ct. App. 1989).
968.20 - ANNOT.
The term "use" in sub. (1m) (b) requires more than than the mere fact that a firearm is with a person. It must be part of the crime in some way. State v. Perez, 2000 WI App 115, 235 Wis. 2d 238, 612 N.W.2d 374,
99-3108.
968.20 - ANNOT.
This section establishes an in rem proceeding to establish true ownership of property. It does not authorize granting a money judgment to the rightful owner when seized property is missing or mistakenly returned to another as a judgment in an in rem proceeding is valid only against the property and not against a defendant or a defendant's assets. City of Milwaukee v. Glass, 2001 WI 61, 243 Wis. 2d 636, 628 N.W.2d 343,
99-2389.
968.20 - ANNOT.
Sub. (1m) (b) prohibits the return of a dangerous weapon to a person convicted of carrying a concealed and dangerous weapon. State v. Perez, 2001 WI 79, 244 Wis. 2d 582, 628 N.W.2d 820,
99-3108.
Now your absolutely right that in some Wisconsin Counties the "right to possession" may be proved to the court with relative ease. In Counties like Milwaukee or Dane if a dangerous weapon is seized and you are not charged with a crime, and you bought that weapon in a private sale without a bill of sale. Well, good luck getting the Courts to feel satisfied that they have to return it to you when all you can provide to prove in Court that it belongs to you is a serial number or a picture. All that I am suggesting is keeping a file of receipts for weapons bought and sold. Do you really want to buy a weapon from an individual who isn't willing to give you a receipt with their name, your name, description of weapon with serial number, and a date? Are you willing to own a weapon whose history is unknown to you without at the very least a dated document of when you took possession? Even if you are the kind of person who answers, "Yes, I want it" is it anyway logical to openly carry that particular weapon in Wisconsin.
Good Luck, and lets be careful out there.
Uziel
