2001 - 2002 LEGISLATURE
April 18, 2001 - Introduced by Representatives Jeskewitz, Bies, Friske, Jensen, La
Fave, Montgomery, Ladwig, M. Lehman, Vrakas, Starzyk, Ott, Rhoades,
Owens, Urban, Stone, Sykora, Nass, Musser, Lippert, Krawczyk, Freese,
Seratti and Townsend, cosponsored by Senators Huelsman, Schultz and
Roessler. Referred to Committee on Criminal Justice.
1An Act to repeal
948.60 (1) of the statutes; relating to: possession of a
2dangerous weapon by a minor and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law provides penalties for various kinds of conduct involving a
dangerous weapon, such as endangering safety by the use of a dangerous weapon,
carrying a concealed dangerous weapon, and committing other crimes while
possessing, using, or threatening to use a dangerous weapon. For purposes of these
penalty provisions, "dangerous weapon" is usually defined to include all of the
following: 1) a firearm, whether loaded or unloaded; 2) an electric weapon; 3) a device
designed as a weapon and capable of producing death or great bodily harm; and 4)
any other device or instrumentality that, in the manner it is used or intended to be
used, is calculated or likely to produce death or great bodily harm.
However, the current law relating to possession of a dangerous weapon by a
minor (a person under 18 years of age) uses a different, narrower definition of
"dangerous weapon." Under this law, no minor may possess or go armed with a
dangerous weapon and no person may intentionally sell, loan, or give a dangerous
weapon to a minor, except that a minor may possess or be given a dangerous weapon
for purposes of using the weapon to hunt, to engage in target practice under the
supervision of an adult, or to participate in a course of instruction in the traditional
and proper use of the weapon under the supervision of an adult. For purposes of this
law, "dangerous weapon" means any of the following: 1) a firearm, whether loaded
or unloaded; 2) an electric weapon; 3) metallic knuckles or knuckles of any substance
that could be put to the same use with the same or similar effect as metallic knuckles;
or 4) a nunchaku, cestus, shuriken, or manrikigusari or any device similar in design
or use to one of these martial arts weapons.
A minor who violates the prohibition against possessing a dangerous weapon
may be subject to delinquency proceedings in the court authorized to exercise
jurisdiction under the Juvenile Justice Code (juvenile court) or, if the juvenile court
waives jurisdiction, may be fined not more than $10,000 or imprisoned for not more
than nine months or both. A person who intentionally sells, loans, or gives a
dangerous weapon to a minor may be fined not more than $10,000 or imprisoned for
not more than five years or both.
This bill eliminates the narrower definition of "dangerous weapon" used in
current law prohibitions relating to possession of a dangerous weapon by a minor.
By eliminating the definition, the bill provides that the definition that usually
applies to penalty provisions involving dangerous weapons will also apply to current
law prohibitions relating to possession of a dangerous weapon by a minor. Thus,
under the bill, current law prohibitions relating to possession of a dangerous weapon
by a minor will now apply to other weapons in addition to those covered under the
current narrower definition.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB346, s. 1
948.60 (1) of the statutes is repealed.
(1) This act first applies to offenses committed on the effective date of this 4