A person is concerned with the commission of a crime, as specified in s. 939.05 (2) (b)
, in violation of this section if he or she knowingly furnishes a person with a firearm in violation of sub. (2)
This section does not apply to any person specified in sub. (1)
Has received a pardon with respect to the crime or felony specified in sub. (1)
and has been expressly authorized to possess a firearm under 18 USC app. 1203; or
The prohibition against firearm possession under this section does not apply to any correctional officer employed before May 1, 1982, who is required to possess a firearm as a condition of employment. This exemption applies if the officer is eligible to possess a firearm under any federal law and applies while the officer is acting in an official capacity.
This section does not apply to any person who has been found not guilty or not responsible by reason of insanity or mental disease, defect or illness if a court subsequently determines both of the following:
The person is no longer insane or no longer has a mental disease, defect or illness.
The person is not likely to act in a manner dangerous to public safety.
This section does not apply to any person specified in sub. (1) (bm)
if a court subsequently determines that the person is not likely to act in a manner dangerous to public safety. In any action or proceeding regarding this determination, the person has the burden of proving by a preponderance of the evidence that he or she is not likely to act in a manner dangerous to public safety.
The prohibition against firearm possession under this section does not apply to a person specified in sub. (1) (f)
if the person satisfies any of the following:
The person is a peace officer and the person possesses a firearm while in the line of duty or, if required to do so as a condition of employment, while off duty.
The person is a member of the U.S. armed forces or national guard and the person possesses a firearm while in the line of duty.
Where defendant is willing to stipulate to being a convicted felon, evidence of nature of felony is irrelevant if offered only to support felony conviction element. State v. McAllister, 153 W (2d) 523, 451 NW (2d) 764 (Ct. App. 1989).
Failure to give the warning under s. 973.033 does not prevent a conviction under this section. State v. Phillips, 172 W (2d) 391, 493 NW (2d) 238 (Ct. App. 1992).
Retroactive application of this provision did not violate the prohibition against ex post facto laws because the law is not intended to punish persons for a prior crime but to protect public safety. State v. Thiel, 188 W (2d) 695, 524 NW (2d) 641 (1994).
A convicted felon's possession of a firearm is privileged in limited enumerated circumstances. State v. Coleman, 206 W (2d) 198, 556 NW (2d) 701 (1996).
Sub. (5) (a) has been invalidated by congressional action. Pardons granted after November 15, 1986, will give recipients right to receive, possess or transport in commerce firearms unless pardon expressly provides otherwise. 78 Atty. Gen. 22
Possession of electric weapon. 941.295(1)
Whoever sells, transports, manufactures, possesses or goes armed with any electric weapon is guilty of a Class E felony.
Any armed forces or national guard personnel while on official duty.
Any corrections personnel in the department of corrections while on official duty.
Any manufacturer or seller whose electric weapons are used in this state solely by persons specified in pars. (a)
Any common carrier transporting electric weapons.
During the first 30 days after May 7, 1982, the electric weapons may be surrendered to any peace officer. Peace officers shall forward electric weapons to the crime laboratories if the retention of those weapons is not necessary for criminal prosecution purposes.
In this section, "electric weapon" means any device which is designed, redesigned, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.
Use or possession of a handgun and an armor-piercing bullet during crime. 941.296(1)(a)
"Armor-piercing bullet" means a bullet meeting any of the following criteria: any projectile or projectile core that may be fired from any handgun and that is constructed entirely, excluding the presence of traces of other substances, from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium.
Whoever uses or possesses a handgun during the commission of a crime under chs. 939
is guilty of a Class E felony under any of the following circumstances.
The handgun is loaded with an armor-piercing bullet or a projectile or projectile core that may be fired from the handgun with a muzzle velocity of 1,500 feet per second or greater.
The person possesses an armor-piercing bullet capable of being fired from the handgun.
A court shall impose a sentence under this section consecutive to any sentence previously imposed or that may be imposed for the crime that the person committed while using or possessing the handgun.
History: 1993 a. 98
; 1995 a. 448
Restrictions on use of facsimile firearms. 941.2965(1)(1)
In this section, "facsimile firearm" means any replica, toy, starter pistol or other object that bears a reasonable resemblance to or that reasonably can be perceived to be an actual firearm. "Facsimile firearm" does not include any actual firearm.
No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person. Whoever violates this section is subject to a Class C forfeiture.
(3) Subsection (2)
does not apply to any of the following:
Any peace officer acting in the discharge of his or her official duties.
Any person engaged in military activities, sponsored by the state or federal government, acting in the discharge of his or her official duties.
Any person who is on his or her own real property, in his or her own home or at his or her own fixed place of business.
Any person who is on real property and acting with the consent of the owner of that property.
History: 1993 a. 191
; 1993 a. 491
; Stats. 1993 s. 941.2965.
Sale or distribution of imitation firearms. 941.297(1)(1)
In this section, "look-alike firearm" means any imitation of any original firearm that was manufactured, designed and produced after December 31, 1897, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. "Look-alike firearm" does not include any imitation, nonfiring, collector replica of an antique firearm developed prior to 1898, or any traditional beebee, paint-ball or pellet-firing air gun that expels a projectile through the force of air pressure.
Beginning November 1, 1992, no person may sell or distribute any look-alike firearm. Whoever violates this subsection is subject to a Class A forfeiture.
This section does not apply to the sale or distribution of a look-alike firearm that complies with the marking or waiver requirements under 15 USC 5001
History: 1991 a. 155
In this section, "firearm silencer" means any device for silencing, muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating such a device, and any part intended only for use in that assembly or fabrication.
Whoever sells, delivers or possesses a firearm silencer is guilty of a Class E felony.
(3) Subsection (2)
does not apply to sales or deliveries of firearm silencers to or possession of firearm silencers by any of the following:
Any peace officer who is acting in compliance with the written policies of the officer's department or agency. This paragraph does not apply to any officer whose department or agency does not have such a policy.
Any armed forces or national guard personnel, while in the line of duty.
History: 1991 a. 39
OTHER DANGEROUS INSTRUMENTALITIES
Recklessly endangering safety. 941.30(1)(1)
First-degree recklessly endangering safety.
Whoever recklessly endangers another's safety under circumstances which show utter disregard for human life is guilty of a Class D felony.
(2) Second-degree recklessly endangering safety.
Whoever recklessly endangers another's safety is guilty of a Class E felony.
History: 1987 a. 399
Judicial Council Note, 1988: Sub. (1) is analogous to the prior offense of endangering safety by conduct regardless of life.
Sub. (2) is new. It creates the offense of endangering safety by criminal recklessness. See s. 939.24 and the NOTE thereto. [Bill 191-S]
See note to 939.66, citing State v. Carrington, 134 W (2d) 260, 397 NW (2d) 484 (1986).
Sec. 941.30 is lesser included offense of 940.01. State v. Weeks, 165 W (2d) 200, 477 NW (2d) 642 (Ct. App. 1991).
Conviction under sub. (1) was proper where the defendant desisted from attack, but showed no regard for the victim's life or safety during the attack. State v. Holtz, 173 W (2d) 515, 496 NW (2d) 668 (Ct. App. 1992).
Possession of explosives. 941.31(1)
Whoever makes, buys, transports, possesses, or transfers any explosive compound or offers to do the same, either with intent to use such explosive to commit a crime or knowing that another intends to use it to commit a crime, is guilty of a Class C felony.
In this subsection, "improvised explosive device" means a destructive explosive device capable of causing bodily harm, great bodily harm, death or property damage; with some type of explosive material and a means of detonating the explosive material, directly, remotely, or with a timer either present or readily capable of being inserted or attached; which may include a pipe or similar casing, with the ends of the pipe or casing capped, plugged or crimped, and a fuse or similar object sticking out of the pipe or casing; and made by a person not engaged in the legitimate manufacture or legitimate use of explosives, or otherwise authorized by law to do so. "Improvised explosive device" does not include ammunition for any rifle, pistol or shotgun.
Whoever makes, buys, sells, transports, possesses, uses or transfers any improvised explosive device, or possesses materials or components with intent to assemble any improvised explosive device, is guilty of a Class E felony.
This subsection does not apply to the transportation, possession, use or transfer of any improvised explosive device by any armed forces or national guard personnel or to any peace officer in the line of duty or as part of a duty-related function or exercise. The restriction on transportation in this subsection does not apply to common carriers.
History: 1977 c. 173
; 1987 a. 234
Sub. (1) is not unconstitutionally vague. An explosive is any chemical compound, mixture or device, the primary purpose of which is to function by explosion. An explosion is a substantially instantaneous release of both gas and heat. State v. Brulport, 202 W (2d) 506, 551 NW (2d) 824 (Ct. App. 1996).
Possession, distribution or delivery of nitrous oxide. 941.315(1)(a)
"Deliver" or "delivery" means the actual, constructive or attempted transfer of nitrous oxide or a substance containing nitrous oxide from one person to another.
"Distribute" means to deliver, other than by administering.
Whoever does any of the following is guilty of a Class A misdemeanor:
Possesses nitrous oxide or a substance containing nitrous oxide with the intent to inhale the nitrous oxide.
Intentionally or otherwise inhales nitrous oxide.
Whoever does any of the following is guilty of a Class D felony:
Distributes or delivers, or possesses with intent to distribute or deliver, nitrous oxide to a person who has not attained the age of 21.