subch. III of ch. 941 SUBCHAPTER III
WEAPONS
941.20 941.20 Endangering safety by use of dangerous weapon.
941.20(1)(1)Whoever does any of the following is guilty of a Class A misdemeanor:
941.20(1)(a) (a) Endangers another's safety by the negligent operation or handling of a dangerous weapon.
941.20(1)(b) (b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant.
941.20(1)(bm) (bm) Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.
941.20(1)(c) (c) Except as provided in sub. (1m), intentionally points a firearm at or toward another.
941.20(1)(d) (d) While on the lands of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. “Building" as used in this paragraph does not include any tent, bus, truck, vehicle or similar portable unit.
941.20(1m) (1m)
941.20(1m)(a)(a) In this subsection:
941.20(1m)(a)1. 1. “Ambulance" has the meaning given in s. 256.01 (1t).
941.20(1m)(a)1t. 1t. “Emergency medical responder" has the meaning given in s. 256.01 (4p).
941.20(1m)(a)2. 2. “Emergency medical services practitioner" has the meaning given in s. 256.01 (5).
941.20(1m)(b) (b) Whoever intentionally points a firearm at or towards a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an ambulance driver, or a commission warden who is acting in an official capacity and who the person knows or has reason to know is a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an ambulance driver, or a commission warden is guilty of a Class H felony.
941.20(2) (2)Whoever does any of the following is guilty of a Class G felony:
941.20(2)(a) (a) Intentionally discharges a firearm into a vehicle or building under circumstances in which he or she should realize there might be a human being present therein; or
941.20(2)(b) (b) Sets a spring gun.
941.20(3) (3)
941.20(3)(a)(a) Whoever intentionally discharges a firearm from a vehicle while on a highway, as defined in s. 340.01 (22), or on a vehicle parking lot that is open to the public under any of the following circumstances is guilty of a Class F felony:
941.20(3)(a)1. 1. The person discharges the firearm at or toward another.
941.20(3)(a)2. 2. The person discharges the firearm at or toward any building or other vehicle.
941.20(3)(b)1.1. Paragraph (a) does not apply to any of the following who, in the line of duty, discharges a firearm from a vehicle:
941.20(3)(b)1.a. a. A peace officer, except for a commission warden who is not a state-certified commission warden.
941.20(3)(b)1.b. b. A member of the U.S. armed forces.
941.20(3)(b)1.c. c. A member of the national guard.
941.20(3)(b)2. 2. Paragraph (a) does not apply to the holder of a permit under s. 29.193 (2) who is hunting from a standing motor vehicle, as defined in s. 29.001 (57), in accordance with s. 29.193 (2) (cr) 2.
941.20(3)(c) (c) The state does not have to negate any exception under par. (b). Any party that claims that an exception under par. (b) is applicable has the burden of proving the exception by a preponderance of the evidence.
941.20(3)(d) (d) The driver of the vehicle may be charged and convicted for a violation of par. (a) according to the criteria under s. 939.05.
941.20(3)(e) (e) A person under par. (a) has a defense of privilege of self-defense or defense of others in accordance with s. 939.48.
941.20 Note Judicial Council Note, 1988: The mental element of the offense under sub. (1) (a) is changed from reckless conduct to criminal negligence. See s. 939.25. If the defendant acts recklessly, the conduct is prohibited by s. 941.30. [Bill 191-S]
941.20 Annotation Pointing a firearm is not a lesser included offense of armed robbery and a defendant can be convicted of both. State v. Smith, 55 Wis. 2d 304, 198 N.W.2d 630 (1972).
941.20 Annotation A jury instruction that shooting “into" a building under sub. (2) (a) occurs when a bullet penetrates the building however slightly, conformed with common usage of the word and was not improper. State v. Grady, 175 Wis. 2d 553, 499 N.W.2d 285 (Ct. App. 1993).
941.20 Annotation Police officers do not have an absolute right to point their weapons, but privilege may be asserted as an affirmative defense. State v. Trentadue, 180 Wis. 2d 670, 510 N.W.2d 727 (Ct. App. 1993).
941.20 Annotation Although intentionally pointing a firearm at another constitutes a violation of this section, under s. 939.48 (1) a person is privileged to point a gun at another person in self-defense if the person reasonably believes that the threat of force is necessary to prevent or terminate what he or she reasonably believes to be an unlawful interference. State v. Watkins, 2002 WI 101, 255 Wis. 2d 265, 647 N.W.2d 244, 00-0064.
941.21 941.21 Disarming a peace officer. Whoever intentionally disarms a peace officer who is acting in his or her official capacity by taking a dangerous weapon or a device or container described under s. 941.26 (1g) (b) or (4) (a) from the officer without his or her consent is guilty of a Class H felony. This section applies to any dangerous weapon or any device or container described under s. 941.26 (1g) (b) or (4) (a) that the officer is carrying or that is in an area within the officer's immediate presence.
941.23 941.23 Carrying concealed weapon.
941.23(1)(1)In this section:
941.23(1)(ag) (ag) “Carry" has the meaning given in s. 175.60 (1) (ag).
941.23(1)(ap) (ap) Notwithstanding s. 939.22 (10), “dangerous weapon" does not include a knife.
941.23(1)(ar) (ar) “Destructive device" has the meaning given in 18 USC 921 (a) (4).
941.23(1)(b) (b) “Firearm silencer" has the meaning given in s. 941.298 (1).
941.23(1)(c) (c) “Former officer" means a person who served as a law enforcement officer with a law enforcement agency before separating from law enforcement service.
941.23(1)(d) (d) “Law enforcement agency" has the meaning given in s. 175.49 (1) (f).
941.23(1)(e) (e) “Law enforcement officer" has the meaning given in s. 175.49 (1) (g).
941.23(1)(f) (f) “Machine gun" has the meaning given in s. 941.25 (1).
941.23(1)(g) (g) “Qualified out-of-state law enforcement officer" means a law enforcement officer to whom all of the following apply:
941.23(1)(g)1. 1. The person is employed by a state or local government agency in another state.
941.23(1)(g)2. 2. The agency has authorized the person to carry a firearm.
941.23(1)(g)3. 3. The person is not the subject of any disciplinary action by the agency that could result in the suspension or loss of the person's law enforcement authority.
941.23(1)(g)4. 4. The person meets all standards established by the agency to qualify the person on a regular basis to use a firearm.
941.23(1)(g)5. 5. The person is not prohibited under federal law from possessing a firearm.
941.23(2) (2)Any person, other than one of the following, who carries a concealed and dangerous weapon is guilty of a Class A misdemeanor:
941.23(2)(a) (a) A peace officer, but notwithstanding s. 939.22, for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.
941.23(2)(b) (b) A qualified out-of-state law enforcement officer. This paragraph applies only if all of the following apply:
941.23(2)(b)1. 1. The weapon is a firearm but is not a machine gun or a destructive device.
941.23(2)(b)2. 2. The officer is not carrying a firearm silencer.
941.23(2)(b)3. 3. The officer is not under the influence of an intoxicant.
941.23(2)(c) (c) A former officer. This paragraph applies only if all of the following apply:
941.23(2)(c)1. 1. The former officer has been issued a photographic identification document described in sub. (3) (b) 1. or both of the following:
941.23(2)(c)1.a. a. A photographic identification document described in sub. (3) (b) 2. (intro.).
941.23(2)(c)1.b. b. An identification card described in sub. (3) (b) 2. a., if the former officer resides in this state, or a certification described in sub. (3) (b) 2. b., if the former officer resides in another state.
941.23(2)(c)2. 2. The weapon is a firearm that is of the type described in a photographic identification document described in subd. 1. (intro.) or a card or certification described in subd. 1. b.
941.23(2)(c)3. 3. Within the preceding 12 months, the former officer met the standards of the state in which he or she resides for training and qualification for active law enforcement officers to carry firearms.
941.23(2)(c)4. 4. The weapon is not a machine gun or a destructive device.
941.23(2)(c)5. 5. The former officer is not carrying a firearm silencer.
941.23(2)(c)6. 6. The former officer is not under the influence of an intoxicant.
941.23(2)(c)7. 7. The former officer is not prohibited under federal law from possessing a firearm.
941.23(2)(d) (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the dangerous weapon is a weapon, as defined under s. 175.60 (1) (j). An individual formerly licensed under s. 175.60 whose license has been suspended or revoked under s. 175.60 (14) may not assert his or her refusal to accept a notice of revocation or suspension mailed under s. 175.60 (14) (b) 1. as a defense to prosecution under this subsection, regardless of whether the person has complied with s. 175.60 (11) (b) 1.
941.23(2)(e) (e) An individual who carries a concealed and dangerous weapon, as defined in s. 175.60 (1) (j), in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.
941.23(3) (3)
941.23(3)(a)(a) A qualified out-of-state law enforcement officer shall, while carrying a concealed firearm, also have with him or her an identification card that contains his or her photograph and that was issued by the law enforcement agency by which he or she is employed.
941.23(3)(b) (b) A former officer shall, while carrying a concealed firearm, also have with him or her one of the following:
941.23(3)(b)1. 1. A photographic identification document issued by the law enforcement agency from which the former officer separated that indicates that, within the 12 months preceding the date on which the former officer is carrying the concealed firearm, he or she was tested or otherwise found by that law enforcement agency to meet the standards for qualification in firearms training that that law enforcement agency sets for active law enforcement officers to carry a firearm of the same type as the firearm that the former officer is carrying.
941.23(3)(b)2. 2. A photographic identification document issued by the law enforcement agency from which the former officer separated and one of the following:
941.23(3)(b)2.a. a. A certification card issued under s. 175.49 (2) or (3), if the former officer resides in this state.
941.23(3)(b)2.b. b. A certification issued by the state in which the former officer resides, if the former officer resides in another state, that indicates that, within the 12 months preceding the date on which the former officer is carrying the concealed firearm, he or she has been found by the state in which he or she resides, or by a certified firearms instructor if such an instructor is qualified to conduct a firearms qualification test for active law enforcement officers in that state, to meet the standards for qualification in firearms training for active law enforcement officers to carry a firearm of the type he or she is carrying, that are established by his or her state of residence or, if that state does not establish standards, by any law enforcement agency in his or her state of residence.
941.23(3)(c) (c) A person who violates this subsection may be required to forfeit not more than $25, except that the person shall be exempted from the forfeiture if the person presents, within 48 hours, his or her license document or out-of-state license and photographic identification to the law enforcement agency that employs the requesting law enforcement officer.
941.23(3)(d) (d) This subsection does not apply to a licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).
941.23 Annotation The burden is on the defendant to prove that he or she is a peace officer and within the exception. State v. Williamson, 58 Wis. 2d 514, 206 N.W.2d 613 (1973).
941.23 Annotation A defendant was properly convicted under this section for driving a vehicle with a gun locked in a glove compartment. State v. Fry, 131 Wis. 2d 153, 388 N.W.2d 565 (1986).
941.23 Annotation To “go armed" does not require going anywhere. The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant's person or within reach; 2) the defendant is aware of the weapon's presence; and 3) the weapon is hidden. State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).
941.23 Annotation A handgun on the seat of a car that was indiscernible from ordinary observation by a person outside, and within the immediate vicinity, of the vehicle was hidden from view for purposes of determining whether the gun was a concealed weapon under this section. State v. Walls, 190 Wis. 2d 65, 526 N.W.2d 765 (Ct. App. 1994).
941.23 Annotation There is no statutory or common law privilege for the crime of carrying a concealed weapon under s. 941.23. State Dundon, 226 Wis. 2d 654, 594 N.W.2d 780 (1999), 97-1423.
941.23 Annotation Under the facts of the case, the privilege of self-defense was inapplicable to a charge of carrying a concealed weapon. State v. Nollie, 2002 WI 4, 249 Wis. 2d 538, 638 N.W.2d 280, 00-0744.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 18 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on October 1, 2019. Published and certified under s. 35.18. Changes effective after October 1, 2019, are designated by NOTES. (Published 10-1-19)