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 intended not 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
Sub. (2m) is not in the nature of a penalty enhancer, but defines an additional element to the crime described in sub. (2). It was proper for the trial court to apply the general repeater statute to a violator. State v. Gibson, 2000 WI App 207,
238 Wis. 2d 547,
618 N.W.2d 248,
99-2612.
941.29 Annotation
In this section, to possess means that the defendant knowingly has control of a firearm. There is no minimum length of time the firearm must be possessed for a violation to occur. Intention in handling a firearm is irrelevant unless the handling is privileged under s. 939.45. State v. Black, 2001 WI 31,
242 Wis. 2d 126,
624 N.W.2d 363,
99-0230.
941.29 Annotation
To determine whether a person has been "convicted of a crime elsewhere that would be a felony if committed in this state" under sub. (1) (b), the courts must consider the underlying conduct of the out-of-state conviction, not merely the statute that was violated. State v. Campbell, 2002 WI App 20,
250 Wis. 2d 238,
642 N.W.2d 230,
01-0758.
941.29 Annotation
Article I, s. 25, of the Wisconsin constitution did not effectively repeal this section, nor is this section unconstitutionally vague, overbroad, or in violation of the equal protection clauses of the United States and Wisconsin constitutions. State v. Thomas, 2004 WI App 115,
274 Wis. 2d 513,
683 N.W.2d 497,
03-1369.
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.
941.291
941.291
Possession of body armor. 941.291(1)(a)
(a) "Body armor" means any garment that is designed, redesigned, or adapted to prevent bullets from penetrating through the garment.
941.291(1)(b)
(b) "Violent felony" means any felony, or the solicitation, conspiracy, or attempt to commit any felony, under s.
943.23 (1m) or
(1r), 1999 stats., or
s. 940.01,
940.02,
940.03,
940.05,
940.06,
940.08,
940.09,
940.10,
940.19,
940.195,
940.20,
940.201,
940.203,
940.21,
940.225,
940.23,
940.285 (2),
940.29,
940.295 (3),
940.30,
940.305,
940.31,
940.43 (1) to
(3),
940.45 (1) to
(3),
941.20,
941.26,
941.28,
941.29,
941.30,
941.327,
943.01 (2) (c),
943.011,
943.013,
943.02,
943.04,
943.06,
943.10 (2),
943.23 (1g),
943.32,
943.81,
943.82,
943.83,
943.85,
943.86,
943.87,
943.88,
943.89,
943.90,
946.43,
947.015,
948.02 (1) or
(2),
948.025,
948.03,
948.04,
948.05,
948.06,
948.07,
948.08,
948.085, or
948.30; or, if the victim is a financial institution, as defined in
s. 943.80 (2), a felony, or the solicitation, conspiracy, or attempt to commit a felony under
s. 943.84 (1) or
(2).
941.291 Note
NOTE: Par. (b) is shown as affected by two acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
941.291(2)
(2) Prohibition. Except as provided in
subs. (4),
(5),
(5m), and
(6), no person may possess body armor if any of the following applies to the person:
941.291(2)(a)
(a) The person has been convicted of a violent felony in this state and has not been pardoned for it.
941.291(2)(b)
(b) The person has been convicted of a crime elsewhere that would be a violent felony if committed in this state and has not been pardoned for it.
941.291(2)(c)
(c) The person has been adjudicated delinquent for an act that if committed by an adult in this state would be a violent felony.
941.291(2)(d)
(d) The person has been found not guilty of a violent felony in this state by reason of mental disease or defect.
941.291(2)(e)
(e) The person has been found not guilty of or not responsible for a crime elsewhere by reason of insanity or mental disease, defect, or illness if the crime would be a violent felony in this state.
941.291(3)(b)
(b) Whoever violates
sub. (2) after being convicted of violating
sub. (2) is guilty of a Class D felony.
941.291(4)
(4) Request by certain persons for complete or partial exemption from prohibition. 941.291(4)(a)(a) A person who is otherwise prohibited from possessing body armor under
sub. (2) may request a complete or partial exemption from the prohibition if all of the following apply:
941.291(4)(a)1.
1. The person has a reasonable need to possess body armor to ensure his or her personal safety, to earn a livelihood, or as a condition of employment.
941.291(4)(a)2.
2. The person is likely to use the body armor in a safe and lawful manner.
941.291(4)(b)
(b) A person seeking a complete or partial exemption under this subsection from the prohibition under
sub. (2) shall request the exemption by filing a written motion in the circuit court for the county in which the person will possess the body armor. A person who files a motion under this paragraph shall send a copy of the motion to the district attorney for the county in which the motion is filed. The district attorney shall make a reasonable attempt to contact the county sheriff and, if applicable, the chief of police of a city, village, or town in the county in which the person will possess the body armor for the purpose of informing the sheriff and the chief of police that the person has made a request for an exemption and to solicit from the sheriff and chief of police any information that may be relevant to the criteria specified in
par. (a) 1. and
2.
941.291(4)(c)
(c) A court deciding whether to grant a request for an exemption made under
par. (b) may deny the request for an exemption, grant a complete exemption from the prohibition, or grant a partial exemption by allowing possession of body armor only under certain specified circumstances or in certain locations or both. In deciding whether a person satisfies the criteria specified in
par. (a) 1. and
2. and, if so, whether to grant an exemption, the court shall consider the person's character, including the person's criminal record, the totality of the person's circumstances, and any relevant evidence of the person's character and circumstances, including any relevant evidence submitted by the district attorney who received the copy of the motion under
par. (b).
941.291(4)(d)
(d) If a court grants a request for an exemption under
par. (c), the court shall issue a written order of exemption to the person who requested the exemption. The exemption is valid only in the county in which the court is located. If the exemption is a partial exemption, the order shall specify the circumstances under which the person may possess body armor, the locations in which the person may possess body armor, or, if applicable, both. The person granted the exemption shall carry a copy of the order of exemption at all times during which he or she is in possession of body armor. The clerk of the circuit court shall send a copy of the order of exemption to the county sheriff and, if applicable, to the chief of police of a city, village, or town in the county in which the person will possess the body armor.
941.291(5)
(5) Exemption based on request of law enforcement agency for certain witnesses and informers. A person who is otherwise prohibited from possessing body armor under
sub. (2) may wear body armor if the person is furnishing or has furnished information to a law enforcement agency relating to a possible violation of law or is assisting or has assisted a law enforcement agency in an investigation of a possible violation of law and is wearing the body armor at the request or direction of the law enforcement agency.
941.291(5m)
(5m) Exemption based on request by certain witnesses and informers. 941.291(5m)(a)(a) A person who is otherwise prohibited from possessing body armor under
sub. (2) may possess body armor if all of the following apply:
941.291(5m)(a)2.
2. The law enforcement agency to which the person is furnishing or has furnished information or to which the person is providing or has provided assistance determines that there is reason to believe that the person may be in danger of suffering death or great bodily harm because he or she is furnishing or has furnished information or because he or she is assisting or has assisted or is assisting in an investigation.
941.291(5m)(a)3.
3. The law enforcement agency to which the person is furnishing or has furnished information or to which the person is providing or has provided assistance approves of the person's request to possess body armor under
par. (b).
941.291(5m)(b)
(b) A person seeking an exemption under this subsection from the prohibition under
sub. (2) shall request the exemption from the law enforcement agency to which the person is furnishing or has furnished information or to which the person is providing or has provided assistance. The law enforcement agency may deny the request for an exemption, grant a complete exemption from the prohibition, or grant a partial exemption by allowing possession of body armor only under certain specified circumstances or in certain locations or both. If the law enforcement agency grants a request for an exemption under this subsection, it shall keep a written record of the exemption. If the exemption is a partial exemption, the record shall specify the circumstances under which the person may possess body armor, the locations in which the person may possess body armor, or, if applicable, both. A written record relating to an exemption granted by a law enforcement agency under this subsection is not subject to inspection or copying under
s. 19.35 (1), except that a written record shall, upon request, be disclosed to another law enforcement agency or a district attorney, if the other law enforcement agency or the district attorney is investigating or prosecuting an alleged violation of
sub. (2) or to the person to whom the exemption was granted.
941.291(6)
(6) Exemption from prohibition for certain prisoners. A person who is prohibited from possessing body armor under
sub. (2) may wear body armor if he or she is in the actual custody of a law enforcement officer, as defined in
s. 165.85 (2) (c), or a correctional officer, as defined in
s. 102.475 (8) (a), and is wearing the body armor at the request or direction of the law enforcement officer or correctional officer.
941.291 History
History: 2001 a. 95;
2003 a. 321;
2005 a. 212,
277; s. 13.93 (2) (c).
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 H felony.
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.
941.296
941.296
Use or possession of a handgun and an armor-piercing bullet during crime. 941.296(1)(a)
(a) "Armor-piercing bullet" means a bullet meeting any of the following criteria: any projectile or projectile core that may be fired from any handgun and that is constructed entirely, excluding the presence of traces of other substances, from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium.
941.296(2)
(2) Whoever uses or possesses a handgun during the commission of a crime under
chs. 939 to
948 or
961 is guilty of a Class H felony under any of the following circumstances.
941.296(2)(a)
(a) The handgun is loaded with an armor-piercing bullet or a projectile or projectile core that may be fired from the handgun with a muzzle velocity of 1,500 feet per second or greater.
941.296(2)(b)
(b) The person possesses an armor-piercing bullet capable of being fired from the handgun.
941.2965
941.2965
Restrictions on use of facsimile firearms. 941.2965(1)(1) In this section, "facsimile firearm" means any replica, toy, starter pistol or other object that bears a reasonable resemblance to or that reasonably can be perceived to be an actual firearm. "Facsimile firearm" does not include any actual firearm.
941.2965(2)
(2) No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person. Whoever violates this section is subject to a Class C forfeiture.
941.2965(3)
(3) Subsection (2) does not apply to any of the following:
941.2965(3)(a)
(a) Any peace officer acting in the discharge of his or her official duties.
941.2965(3)(b)
(b) Any person engaged in military activities, sponsored by the state or federal government, acting in the discharge of his or her official duties.
941.2965(3)(c)
(c) Any person who is on his or her own real property, in his or her own home or at his or her own fixed place of business.
941.2965(3)(d)
(d) Any person who is on real property and acting with the consent of the owner of that property.
941.2965 History
History: 1993 a. 191;
1993 a. 491 s.
262; Stats. 1993 s. 941.2965.
941.297
941.297
Sale or distribution of imitation firearms. 941.297(1)(1) In this section, "look-alike firearm" means any imitation of any original firearm that was manufactured, designed and produced after December 31, 1897, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. "Look-alike firearm" does not include any imitation, nonfiring, collector replica of an antique firearm developed prior to 1898, or any traditional beebee, paint-ball or pellet-firing air gun that expels a projectile through the force of air pressure.
941.297(2)
(2) Beginning November 1, 1992, no person may sell or distribute any look-alike firearm. Whoever violates this subsection is subject to a Class A forfeiture.
941.297(3)
(3) This section does not apply to the sale or distribution of a look-alike firearm that complies with the marking or waiver requirements under
15 USC 5001 (b).
941.297 History
History: 1991 a. 155.
941.298(1)(1) In this section, "firearm silencer" means any device for silencing, muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating such a device, and any part intended only for use in that assembly or fabrication.
941.298(2)
(2) Whoever sells, delivers or possesses a firearm silencer is guilty of a Class H felony.
941.298(3)
(3) Subsection (2) does not apply to sales or deliveries of firearm silencers to or possession of firearm silencers by any of the following:
941.298(3)(a)
(a) Any peace officer who is acting in compliance with the written policies of the officer's department or agency. This paragraph does not apply to any officer whose department or agency does not have such a policy.
941.298(3)(b)
(b) Any armed forces or national guard personnel, while in the line of duty.
941.298 History
History: 1991 a. 39;
2001 a. 109.
941.299
941.299
Restrictions on the use of laser pointers. 941.299(1)(b)
(b) "Laser pointer" means a hand-held device that uses light amplification by stimulated emission of radiation to emit a beam of light that is visible to the human eye.
941.299(2)
(2) No person may do any of the following:
941.299(2)(a)
(a) Intentionally direct a beam of light from a laser pointer at any part of the body of a correctional officer or law enforcement officer without the officer's consent, if the person knows or has reason to know that the victim is a correctional officer or law enforcement officer who is acting in an official capacity.
941.299(2)(b)
(b) Intentionally and for no legitimate purpose direct a beam of light from a laser pointer at any part of the body of any human being.
941.299(2)(c)
(c) Intentionally direct a beam of light from a laser pointer in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person.
941.299(2)(d)
(d) Intentionally direct a beam of light from a laser pointer in a manner that, under the circumstances, tends to disrupt any public or private event or create or provoke a disturbance.
