Feed for /1999/statutes/statutes/941 PDF
941.26(4)(h) (h) Any person who intentionally offers for sale a device or container in a place where customers have direct access to the device or container is guilty of a Class A misdemeanor.
941.26(4)(i)1.1. Whoever intentionally sells a device or container described under par. (a) that does not meet the safety criteria provided in rules promulgated under subd. 2. is guilty of a Class A misdemeanor.
941.26(4)(i)2. 2. The department of justice shall promulgate rules providing safety criteria for devices or containers described under par. (a). In promulgating the rules, the department shall do all of the following:
941.26(4)(i)2.a. a. Consider recommendations of law enforcement agencies, as defined in s. 165.83 (1) (b), and manufacturers of devices or containers described under par. (a).
941.26(4)(i)2.b. b. Provide allowable amounts of oleoresin of capsicum, inert ingredients and total ingredients for a device or container described under par. (a).
941.26(4)(i)2.c. c. Provide a maximum effective range for a device or container described under par. (a).
941.26(4)(i)2.d. d. Provide other requirements to ensure that a device or container described under par. (a) is effective and appropriate for self-defense purposes.
941.26(4)(i)3. 3. Subdivisions 1. and 2. do not apply to sales of devices or containers described under par. (a) for use by peace officers or armed forces or national guard personnel.
941.26(4)(j)1.1. Whoever intentionally sells a device or container described under par. (a) without providing the purchaser with all of the following is guilty of a Class A misdemeanor:
941.26(4)(j)1.a. a. A proper label on the device or container.
941.26(4)(j)1.b. b. Written safety instructions for using the device or container.
941.26(4)(j)1.c. c. A package that contains a clear, highlighted message to the purchaser cautioning him or her to read and follow the safety instructions.
941.26(4)(j)2. 2. The department of justice shall promulgate rules providing the requirements for labeling, packaging and written safety instructions under subd. 1.
941.26(4)(k) (k) Any person who has not attained the age of 18 years and who possesses a device or container described under par. (a) is subject to a Class E forfeiture.
941.26(4)(L) (L) Any person who has been convicted of a felony in this state or has been convicted of a crime elsewhere that would be a felony if committed in this state who possesses a device or container described under par. (a) is subject to a Class A misdemeanor. This paragraph does not apply if the person has received a pardon for the felony or crime.
941.27 941.27 Machine guns.
941.27(1)(1)Definition. In ss. 941.25 and 941.26, "machine gun" means any of the following:
941.27(1)(a) (a) Any weapon that shoots, is designed to shoot or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.
941.27(1)(b) (b) The frame or receiver of any weapon described under par. (a) or any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a weapon described under par. (a).
941.27(1)(c) (c) Any combination of parts from which a weapon described under par. (a) can be assembled if those parts are in the possession or under the control of a person.
941.27(2) (2)Exceptions. Sections 941.25 and 941.26 shall not prohibit or interfere with the manufacture for, and sale of, machine guns to the military forces or the peace officers of the United States or of any political subdivision thereof, or the transportation required for that purpose; the possession of a machine gun for scientific purpose, or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament or keepsake; or the possession of a machine gun other than one adapted to use pistol cartridges for a purpose manifestly not aggressive or offensive.
941.27 History History: 1977 c. 173; 1991 a. 137; 1999 a. 85.
941.28 941.28 Possession of short-barreled shotgun or short-barreled rifle.
941.28(1) (1) In this section:
941.28(1)(a) (a) "Rifle" means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of a propellant in a metallic cartridge to fire through a rifled barrel a single projectile for each pull of the trigger.
941.28(1)(b) (b) "Short-barreled rifle" means a rifle having one or more barrels having a length of less than 16 inches measured from closed breech or bolt face to muzzle or a rifle having an overall length of less than 26 inches.
941.28(1)(c) (c) "Short-barreled shotgun" means a shotgun having one or more barrels having a length of less than 18 inches measured from closed breech or bolt face to muzzle or a shotgun having an overall length of less than 26 inches.
941.28(1)(d) (d) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of a propellant in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
941.28(2) (2) No person may sell or offer to sell, transport, purchase, possess or go armed with a short-barreled shotgun or short-barreled rifle.
941.28(3) (3) Any person violating this section is guilty of a Class E felony.
941.28(4) (4) This section does not apply to the sale, purchase, possession, use or transportation of a short-barreled shotgun or short-barreled rifle to or by any armed forces or national guard personnel in line of duty, any peace officer of the United States or of any political subdivision of the United States or any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872. This section does not apply to the manufacture of short-barreled shotguns or short-barreled rifles for any person or group authorized to possess these weapons. The restriction on transportation contained in this section does not apply to common carriers. This section shall not apply to any firearm that may be lawfully possessed under federal law, or any firearm that could have been lawfully registered at the time of the enactment of the national firearms act of 1968.
941.28(5) (5) Any firearm seized under this section is subject to s. 968.20 (3) and is presumed to be contraband.
941.28 History History: 1979 c. 115.
941.28 Annotation The intent in sub. (1) (d) is that of the fabricator; that the gun is incapable of being fired or not intended to be fired by the possessor is immaterial. State v. Johnson, 171 Wis. 2d 175, 491 N.W. 2d 110 (Ct. App. 1992).
941.28 Annotation "Firearm" means a weapon that acts by force of gunpowder to fire a projectile, regardless of whether it is inoperable due to disassembly. State v. Rardon, 185 Wis. 2d 701, 518 N.W. 2d 330 (Ct. App. 1994).
941.29 941.29 Possession of a firearm.
941.29(1) (1) A person is subject to the requirements and penalties of this section if he or she has been:
941.29(1)(a) (a) Convicted of a felony in this state.
941.29(1)(b) (b) Convicted of a crime elsewhere that would be a felony if committed in this state.
941.29(1)(bm) (bm) Adjudicated delinquent for an act committed on or after April 21, 1994, that if committed by an adult in this state would be a felony.
941.29(1)(c) (c) Found not guilty of a felony in this state by reason of mental disease or defect.
941.29(1)(d) (d) Found not guilty of or not responsible for a crime elsewhere that would be a felony in this state by reason of insanity or mental disease, defect or illness.
941.29(1)(e) (e) Committed for treatment under s. 51.20 (13) (a) and ordered not to possess a firearm under s. 51.20 (13) (cv).
941.29(1)(f) (f) Enjoined under an injunction issued under s. 813.12 or 813.122 or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed under s. 806.247 (3).
941.29(1)(g) (g) Ordered not to possess a firearm under s. 813.125 (4m).
941.29(2) (2) A person specified in sub. (1) is guilty of a Class E felony if he or she possesses a firearm under any of the following circumstances:
941.29(2)(a) (a) The person possesses a firearm subsequent to the conviction for the felony or other crime, as specified in sub. (1) (a) or (b).
941.29(2)(b) (b) The person possesses a firearm subsequent to the adjudication, as specified in sub. (1) (bm).
941.29(2)(c) (c) The person possesses a firearm subsequent to the finding of not guilty or not responsible by reason of insanity or mental disease, defect or illness as specified in sub. (1) (c) or (d).
941.29(2)(d) (d) The person possesses a firearm while subject to the court order, as specified in sub. (1) (e) or (g).
941.29(2)(e) (e) The person possesses a firearm while the injunction, as specified in sub. (1) (f), is in effect.
941.29(2m) (2m) Whoever violates this section after being convicted under this section is guilty of a Class D felony.
941.29(3) (3) Any firearm involved in an offense under sub. (2) is subject to s. 968.20 (3).
941.29(4) (4) 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).
941.29(5) (5) This section does not apply to any person specified in sub. (1) who:
941.29(5)(a) (a) 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
941.29(5)(b) (b) Has obtained relief from disabilities under 18 USC 925 (c).
941.29(6) (6) 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.
941.29(7) (7) 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:
941.29(7)(a) (a) The person is no longer insane or no longer has a mental disease, defect or illness.
941.29(7)(b) (b) The person is not likely to act in a manner dangerous to public safety.
941.29(8) (8) 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.
941.29(9) (9) This section does not apply to a person specified in sub. (1) (e) if the prohibition under s. 51.20 (13) (cv) 1. has been canceled under s. 51.20 (13) (cv) 2. or (16) (gm).
941.29(10) (10) 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:
941.29(10)(a) (a) 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.
941.29(10)(b) (b) 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.
941.29 Note NOTE: See Chapter 141, laws of 1981, section 2, entitled "Initial applicability."
941.29 Annotation If a defendant is willing to stipulate to being a convicted felon, evidence of the nature of the felony is irrelevant if offered only to support the felony conviction element. State v. McAllister, 153 Wis. 2d 523, 451 N.W. 2d 764 (Ct. App. 1989).
941.29 Annotation Failure to give the warning under s. 973.033 does not prevent a conviction under this section. State v. Phillips, 172 Wis. 2d 391, 493 N.W. 2d 238 (Ct. App. 1992).
941.29 Annotation 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 Wis. 2d 695, 524 N.W. 2d 641 (1994).
941.29 Annotation A convicted felon's possession of a firearm is privileged in limited enumerated circumstances. State v. Coleman, 206 Wis. 2d 198, 556 N.W. 2d 701 (1996).
941.29 Annotation Sub. (5) (a) has been invalidated by congressional action. Pardons granted after November 15, 1986, will give recipients the right to receive, possess or transport in commerce firearms unless the pardon expressly provides otherwise. 78 Atty. Gen. 22.
941.295 941.295 Possession of electric weapon.
941.295(1) (1) Whoever sells, transports, manufactures, possesses or goes armed with any electric weapon is guilty of a Class E felony.
941.295(2) (2)Subsection (1) does not apply to:
941.295(2)(a) (a) Any peace officer.
941.295(2)(b) (b) Any armed forces or national guard personnel while on official duty.
941.295(2)(c) (c) Any corrections personnel in the department of corrections while on official duty.
941.295(2)(d) (d) Any manufacturer or seller whose electric weapons are used in this state solely by persons specified in pars. (a) to (c).
941.295(2)(e) (e) Any common carrier transporting electric weapons.
941.295(3) (3) 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.
941.295(4) (4) 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.
941.295 History History: 1981 c. 348; 1985 a. 29 s. 3200 (35); 1989 a. 31, 56.
941.296 941.296 Use or possession of a handgun and an armor-piercing bullet during crime.
941.296(1) (1) In this section:
Loading...
Loading...
This is an archival version of the Wis. Stats. database for 1999. See Are the Statutes on this Website Official?