948.55(4)(d)
(d) The person is a peace officer or a member of the armed forces or national guard and the child obtains the firearm during or incidental to the performance of the person's duties.
948.55(4)(e)
(e) The child obtains the firearm as a result of an illegal entry by any person.
948.55(4)(f)
(f) The child gains access to a loaded firearm and uses it in the lawful exercise of a privilege under
s. 939.48.
948.55(4)(g)
(g) The person who stores or leaves a loaded firearm reasonably believes that a child is not likely to be present where the firearm is stored or left.
948.55(4)(h)
(h) The firearm is rendered inoperable by the removal of an essential component of the firing mechanism such as the bolt in a breech-loading firearm.
948.55(5)
(5) Subsection (2) does not apply if the bodily harm or death resulted from an accident that occurs while the child is using the firearm in accordance with
s. 29.304 or
948.60 (3).
948.55 History
History: 1991 a. 139;
1997 a. 248.
948.60
948.60
Possession of a dangerous weapon by a person under 18. 948.60(1)(1) In this section, "dangerous weapon" means any firearm, loaded or unloaded; any electric weapon, as defined in
s. 941.295 (4); metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed star-like object intended to injure a person when thrown; or a manrikigusari or similar length of chain having weighted ends.
948.60(2)(a)(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.
948.60(2)(b)
(b) Except as provided in
par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I 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) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class E felony.
948.60(2)(c)
(c) Whoever violates
par. (b) is guilty of a Class H felony if the person under 18 years of age under
par. (b) discharges the firearm and the discharge causes death to himself, herself or another.
Effective date note
NOTE: Par. (c) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(c) Whoever violates par. (b) is guilty of a Class D felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.
948.60(2)(d)
(d) A person under 17 years of age who has violated this subsection is subject to the provisions of
ch. 938 unless jurisdiction is waived under
s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under
s. 938.183.
948.60(3)(a)(a) This section does not apply to a person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.
948.60(3)(b)
(b) This section does not apply to a person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a person under 18 years of age in the line of duty.
948.60(3)(c)
(c) This section does not apply to a person under 18 years of age who possesses or is armed with a firearm having a barrel 12 inches in length or longer and who is in compliance with
ss. 29.304 and
29.593. This section does not apply to an adult who transfers a firearm having a barrel 12 inches in length or longer to a person under 18 years of age who is in compliance with
ss. 29.304 and
29.593.
948.60 Annotation
Sub. (2) (b) does not set a standard for civil liability, and violation of sub. (2) (b) does not constitute negligence per se. Logarto v. Gustafson,
998 F. Supp. 998 (1998).
948.605
948.605
Gun-free school zones. 948.605(1)(ac)
(ac) "Firearm" does not include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.
948.605(2)
(2) Possession of firearm in school zone. 948.605(2)(a)(a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I 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 individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class A misdemeanor.
948.605(2)(b)2.
2. If the individual possessing the firearm is licensed to do so by a political subdivision of the state or bureau of alcohol, tobacco and firearms in which political subdivision the school zone is located, and the law of the political subdivision requires that, before an individual may obtain such a license, the law enforcement authorities of the political subdivision must verify that the individual is qualified under law to receive the license;
948.605(2)(b)4.
4. By an individual for use in a program approved by a school in the school zone;
948.605(2)(b)5.
5. By an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
948.605(2)(b)6.
6. By a law enforcement officer acting in his or her official capacity; or
948.605(2)(b)7.
7. That is unloaded and is possessed by an individual while traversing school grounds for the purpose of gaining access to public or private lands open to hunting, if the entry on school grounds is authorized by school authorities.
948.605(3)
(3) Discharge of firearm in a school zone. 948.605(3)(a)(a) Any individual who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place the individual knows is a school zone is guilty of a Class G 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 individual who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place the individual knows is a school zone is guilty of a Class D felony.
948.605(3)(b)
(b) Paragraph (a) does not apply to the discharge of, or the attempt to discharge, a firearm:
948.605(3)(b)2.
2. As part of a program approved by a school in the school zone, by an individual who is participating in the program;
948.605(3)(b)3.
3. By an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
948.605(3)(b)4.
4. By a law enforcement officer acting in his or her official capacity.
948.605(4)
(4) Consecutive sentence. Notwithstanding
s. 973.15 (2) to
(4), if a court imposes a term of imprisonment under this section, the court shall impose the sentence consecutive to any other sentence.
948.61
948.61
Dangerous weapons other than firearms on school premises. 948.61(1)(a)
(a) "Dangerous weapon" has the meaning specified in
s. 939.22 (10), except "dangerous weapon" does not include any firearm and does include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.
948.61(1)(b)
(b) "School" means a public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.
948.61(1)(c)
(c) "School premises" means any school building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration.
948.61(2)
(2) Any person who knowingly possesses or goes armed with a dangerous weapon on school premises is guilty of:
948.61(2)(b)
(b) A Class I felony, if the violation is the person's 2nd or subsequent violation of this section within a 5-year period, as measured from the dates the violations occurred.
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) A Class E felony, if the violation is the person's 2nd or subsequent violation of this section within a 5-year period, as measured from the dates the violations occurred.
948.61(3)
(3) This section does not apply to any person who:
948.61(3)(a)
(a) Uses a weapon solely for school-sanctioned purposes.
948.61(3)(b)
(b) Engages in military activities, sponsored by the federal or state government, when acting in the discharge of his or her official duties.
948.61(3)(c)
(c) Is a law enforcement officer acting in the discharge of his or her official duties.
948.61(3)(d)
(d) Participates in a convocation authorized by school authorities in which weapons of collectors or instructors are handled or displayed.
948.61(3)(e)
(e) Drives a motor vehicle in which a dangerous weapon is located onto school premises for school-sanctioned purposes or for the purpose of delivering or picking up passengers or property. The weapon may not be removed from the vehicle or be used in any manner.
948.61(4)
(4) A person under 17 years of age who has violated this section is subject to the provisions of
ch. 938, unless jurisdiction is waived under
s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under
s. 938.183.
948.61 Annotation
Pellet guns and BB guns are dangerous weapons under this section. Interest of Michelle A.D.
181 Wis. 2d 917,
512 N.W.2d 248 (Ct. App. 1994).
948.62
948.62
Receiving stolen property from a child. 948.62(1)(1) Whoever intentionally receives stolen property from a child or conceals stolen property received from a child is guilty of:
948.62(1)(a)
(a) A Class A misdemeanor, if the value of the property does not exceed $500.
948.62(1)(b)
(b) A Class I felony, if the value of the property exceeds $500 but does not exceed $2,500.
948.62(1)(bm)
(bm) A Class H felony, if the value of the property exceeds $2,500 but does not exceed $5,000.
948.62(1)(c)
(c) A Class G felony, if the value of the property exceeds $5,000.
Effective date note
NOTE: Sub. (1) is shown as affected eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(1) Whoever intentionally receives stolen property from a child or conceals stolen property received from a child is guilty of:
Effective date text
(a) A Class E felony, if the value of the property does not exceed $500.
Effective date text
(b) A Class D felony, if the value of the property exceeds $500 but does not exceed $2,500.
Effective date text
(c) A Class C felony, if the value of the property exceeds $2,500.
