941.23 Annotation A handgun on the seat of a car, 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).
941.23 Annotation Under the facts of the case, the privilege of 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.
941.23 Annotation Judges are not peace officers authorized to carry concealed weapons. 69 Atty. Gen. 66.
941.235 941.235 Carrying firearm in public building.
941.235(1) (1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor.
Effective date note NOTE: Sub. (1) is shown as amended eff. 2-1-03 by 2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text (1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class B misdemeanor.
941.235(2) (2) This section does not apply to peace officers or armed forces or military personnel who go armed in the line of duty or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police or the sheriff of any county to possess a firearm in any building under sub. (1).
941.235 History History: 1979 c. 221; 1991 a. 172; 1993 a. 246; 2001 a. 109.
941.237 941.237 Carrying handgun where alcohol beverages may be sold and consumed.
941.237(1) (1) In this section:
941.237(1)(a) (a) "Alcohol beverages" has the meaning given in s. 125.02 (1).
941.237(1)(b) (b) "Correctional officer" means any person employed by the state or any political subdivision as a guard or officer whose principal duties are the supervision and discipline of inmates.
941.237(1)(c) (c) "Encased" has the meaning given in s. 167.31 (1) (b).
941.237(1)(cm) (cm) "Firearms dealer" means any person engaged in the business of importing, manufacturing or dealing in firearms and having a license as an importer, manufacturer or dealer issued by the U.S. department of the treasury.
941.237(1)(d) (d) "Handgun" has the meaning given in s. 175.35 (1) (b).
941.237(1)(dm) (dm) "Hotel" has the meaning given in s. 254.61 (3).
941.237(1)(e) (e) "Premises" has the meaning given in s. 125.02 (14m), but excludes any area primarily used as a residence.
941.237(1)(em) (em) "Private security person" has the meaning given in s. 440.26 (1m) (h).
941.237(1)(f) (f) "Target range" means any area where persons are allowed to use a handgun to fire shots at targets.
941.237(1)(fm) (fm) "Tavern" means an establishment, other than a private club or fraternal organization, in which alcohol beverages are sold for consumption on the premises.
941.237(1)(g) (g) "Unloaded" means any of the following:
941.237(1)(g)1. 1. Having no shell or cartridge in the chamber of a handgun or in the magazine attached to a handgun.
941.237(1)(g)2. 2. In the case of a caplock muzzle-loading handgun, having the cap removed.
941.237(1)(g)3. 3. In the case of a flintlock muzzle-loading handgun, having the flashpan cleaned of powder.
941.237(2) (2) Whoever intentionally goes armed with a handgun on any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125 is guilty of a Class A misdemeanor.
941.237(3) (3)Subsection (2) does not apply to any of the following:
941.237(3)(a) (a) A peace officer.
941.237(3)(b) (b) A correctional officer while going armed in the line of duty.
941.237(3)(c) (c) A member of the U.S. armed forces or national guard while going armed in the line of duty.
941.237(3)(cm) (cm) A private security person meeting all of the following criteria:
941.237(3)(cm)1. 1. The private security person is covered by a license or permit issued under s. 440.26.
941.237(3)(cm)2. 2. The private security person is going armed in the line of duty.
941.237(3)(cm)3. 3. The private security person is acting with the consent of the person specified in par. (d).
941.237(3)(d) (d) The licensee, owner, or manager of the premises, or any employee or agent authorized to possess a handgun by the licensee, owner, or manager of the premises.
941.237(3)(e) (e) The possession of a handgun that is unloaded and encased in a vehicle in any parking lot area.
941.237(3)(f) (f) The possession or use of a handgun at a public or private gun or sportsmen's range or club.
941.237(3)(g) (g) The possession or use of a handgun on the premises if authorized for a specific event of limited duration by the owner or manager of the premises who is issued the Class "B" or "Class B" license or permit under ch. 125 for the premises.
941.237(3)(h) (h) The possession of any handgun that is used for decoration if the handgun is encased, inoperable or secured in a locked condition.
941.237(3)(i) (i) The possession of a handgun in any portion of a hotel other than the portion of the hotel that is a tavern.
941.237(3)(j) (j) The possession of a handgun in any portion of a combination tavern and store devoted to other business if the store is owned or operated by a firearms dealer, the other business includes the sale of handguns and the handgun is possessed in a place other than a tavern.
941.237(4) (4) The state does not have to negate any exception under sub. (3). Any party that claims that an exception under sub. (3) is applicable has the burden of proving the exception by a preponderance of the evidence.
941.237 History History: 1993 a. 95, 491; 1995 a. 461.
941.237 Annotation Sub. (3) does not allow going armed with a concealed handgun in violation of s. 941.23. State v. Mata, 199 Wis. 2d 315, 544 N.W.2d 578 (Ct. App. 1996).
941.24 941.24 Possession of switchblade knife.
941.24(1) (1) Whoever manufactures, sells or offers to sell, transports, purchases, possesses or goes armed with any knife having a blade which opens by pressing a button, spring or other device in the handle or by gravity or by a thrust or movement is guilty of a Class A misdemeanor.
941.24(2) (2) Within 30 days after April 16, 1959, such knives shall be surrendered to any peace officer.
941.24 History History: 1977 c. 173.
941.25 941.25 Manufacturer to register machine guns. Every manufacturer shall keep a register of all machine guns manufactured or handled by him or her. This register shall show the model and serial number, date of manufacture, sale, loan, gift, delivery or receipt, of every machine gun, the name, address, and occupation of the person to whom the machine gun was sold, loaned, given or delivered, or from whom it was received; and the purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given or delivered, or from whom received. Upon demand every manufacturer shall permit any marshal, sheriff or police officer to inspect his or her entire stock of machine guns, parts, and supplies therefor, and shall produce the register required under this section for inspection. Whoever violates any provision of this section is subject to a Class B forfeiture.
941.25 History History: 1977 c. 173.
941.26 941.26 Machine guns and other weapons; use in certain cases; penalty.
941.26(1)(1)
941.26(1)(a)(a) No person may sell, possess, use or transport any machine gun or other full automatic firearm.
941.26(1)(b) (b) Except as provided in sub. (4), no person may sell, possess, use or transport any tear gas bomb, hand grenade, projectile or shell or any other container of any kind or character into which tear gas or any similar substance is used or placed for use to cause bodily discomfort, panic, or damage to property.
941.26(1m) (1m) No person may take a firearm that is not designed to shoot more than one shot, without manual reloading, by a single function of the trigger and modify the firearm so that it does shoot more than one shot, without manual reloading, by a single function of the trigger.
941.26(2) (2)
941.26(2)(a)(a) Any person violating sub. (1) (a) is guilty of a Class H felony.
Effective date note NOTE: Par. (a) is shown as amended eff. 2-1-03 by 2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text (a) Any person violating sub. (1) (a) is guilty of a Class E felony.
941.26(2)(b) (b) Any person violating sub. (1m) is guilty of a Class F felony.
Effective date note NOTE: Par. (b) is shown as amended eff. 2-1-03 by 2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text (b) Any person violating sub. (1m) is guilty of a Class C felony.
941.26(2)(c) (c) Except as provided in par. (d), any person who violates sub. (1) (b) regarding the possession, noncommercial transportation or use of the bomb, grenade, projectile, shell or container under sub. (1) (b) is guilty of a Class A misdemeanor.
941.26(2)(d) (d) Any person who violates sub. (1) (b) regarding the possession, noncommercial transportation or use of the bomb, grenade, projectile, shell or container under sub. (1) (b) in self-defense or defense of another, as allowed under s. 939.48, is subject to a Class D forfeiture.
941.26(2)(e) (e) Any person who violates sub. (1) (b) regarding the sale or commercial transportation of the bomb, grenade, projectile, shell or container under sub. (1) (b) is guilty of a Class H felony.
Effective date note NOTE: Par. (e) is shown as amended eff. 2-1-03 by 2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text (e) Any person who violates sub. (1) (b) regarding the sale or commercial transportation of the bomb, grenade, projectile, shell or container under sub. (1) (b) is guilty of a Class E felony.
941.26(2)(f) (f) Any person who violates sub. (1) (b) regarding the use of the bomb, grenade, projectile, shell or container under sub. (1) (b) to cause bodily harm or bodily discomfort to a person who the actor knows, or has reason to know, is a peace officer who is acting in an official capacity is guilty of a Class H felony.
Effective date note NOTE: Par. (f) is shown as amended eff. 2-1-03 by 2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text (f) Any person who violates sub. (1) (b) regarding the use of the bomb, grenade, projectile, shell or container under sub. (1) (b) to cause bodily harm or bodily discomfort to a person who the actor knows, or has reason to know, is a peace officer who is acting in an official capacity is guilty of a Class D felony.
941.26(2)(g) (g) Any person who violates sub. (1) (b) regarding the use of the bomb, grenade, projectile, shell or container under sub. (1) (b) during his or her commission of another crime to cause bodily harm or bodily discomfort to another or who threatens to use the bomb, grenade, projectile, shell or container during his or her commission of another crime to incapacitate another person is guilty of a Class H felony.
Effective date note NOTE: Par. (g) is shown as amended eff. 2-1-03 by 2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text (g) Any person who violates sub. (1) (b) regarding the use of the bomb, grenade, projectile, shell or container under sub. (1) (b) during his or her commission of another crime to cause bodily harm or bodily discomfort to another or who threatens to use the bomb, grenade, projectile, shell or container during his or her commission of another crime to incapacitate another person is guilty of a Class E felony.
941.26(3) (3) This section does not apply to the sale, possession, modification, use or transportation of any weapons or containers under sub. (1) or (1m) to or by any armed forces or national guard personnel in the line of duty, any civil enforcement officer of the state or of any city or county. This section does not apply to the sale, possession, modification, use or transportation of weapons under sub. (1) (a) or (1m) to or by any person duly authorized by the chief of police of any city or the sheriff of any county. This section does not apply to the restoration of any weapon under sub. (1) (a) or (1m) by a person having a license to collect firearms as curios or relics issued by the U.S. department of the treasury. The restriction on transportation contained in this section does not apply to common carriers.
941.26(4) (4)
941.26(4)(a)(a) Subsections (1) to (3) do not apply to any device or container that contains a combination of oleoresin of capsicum and inert ingredients but does not contain any other gas or substance that will cause bodily discomfort.
941.26(4)(b) (b) Whoever intentionally uses a device or container described under par. (a) to cause bodily harm or bodily discomfort to another is guilty of a Class A misdemeanor.
941.26(4)(c) (c) Paragraph (b) does not apply to any of the following:
941.26(4)(c)1. 1. Any person acting in self-defense or defense of another, as allowed under s. 939.48.
941.26(4)(c)2. 2. Any peace officer acting in his or her official capacity.
941.26(4)(c)3. 3. Any armed forces or national guard personnel acting in the line of duty.
941.26(4)(d) (d) Whoever intentionally uses a device or container described under par. (a) to cause bodily harm or bodily discomfort to a person who the actor knows, or has reason to know, is a peace officer who is acting in an official capacity is guilty of a Class H felony.
Effective date note NOTE: Par. (d) is shown as amended eff. 2-1-03 by 2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text (d) Whoever intentionally uses a device or container described under par. (a) to cause bodily harm or bodily discomfort to a person who the actor knows, or has reason to know, is a peace officer who is acting in an official capacity is guilty of a Class D felony.
941.26(4)(e) (e) Whoever uses a device or container described under par. (a) during his or her commission of another crime to cause bodily harm or bodily discomfort to another or who threatens to use the device or container during his or her commission of another crime to incapacitate another person is guilty of a Class H felony.
Effective date note NOTE: Par. (e) is shown as amended eff. 2-1-03 by 2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text (e) Whoever uses a device or container described under par. (a) during his or her commission of another crime to cause bodily harm or bodily discomfort to another or who threatens to use the device or container during his or her commission of another crime to incapacitate another person is guilty of a Class E felony.
941.26(4)(f) (f) Any person who offers for sale a device or container described under par. (a) and who leaves in his or her place of business an unsold device or container in a place where customers have ready access to the device or container is subject to a Class C forfeiture.
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This is an archival version of the Wis. Stats. database for 2001. See Are the Statutes on this Website Official?