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.
941.24
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)(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)(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.
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.
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.
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)(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)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. Notwithstanding
s. 939.22 (22), for purposes of this subdivision, peace officer does not include a commission warden who is not a state-certified commission warden.
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.
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.
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.
941.26(4)(g)1.1. Any person who sells or distributes a device or container described under
par. (a) to a person who has not attained 18 years of age is subject to a Class C forfeiture.
941.26(4)(g)2.
2. A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under
subd. 1.:
941.26(4)(g)2.a.
a. That the purchaser or distributee falsely represented that he or she had attained the age of 18 and presented an identification card.
941.26(4)(g)2.b.
b. That the appearance of the purchaser or distributee was such that an ordinary and prudent person would believe that the purchaser or distributee had attained the age of 18.
941.26(4)(g)2.c.
c. That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser or distributee and in the belief that the purchaser or distributee had attained the age of 18.
941.26(4)(h)
(h) Any person who intentionally offers for sale a device or container in a place where customers have direct access to the device or container is guilty of a Class A misdemeanor.
941.26(4)(i)1.1. Whoever intentionally sells a device or container described under
par. (a) that does not meet the safety criteria provided in rules promulgated under
subd. 2. is guilty of a Class A misdemeanor.
941.26(4)(i)2.
2. The department of justice shall promulgate rules providing safety criteria for devices or containers described under
par. (a). In promulgating the rules, the department shall do all of the following:
941.26(4)(i)2.a.
a. Consider recommendations of law enforcement agencies, as defined in
s. 165.83 (1) (b), and manufacturers of devices or containers described under
par. (a).
941.26(4)(i)2.b.
b. Provide allowable amounts of oleoresin of capsicum, inert ingredients and total ingredients for a device or container described under
par. (a).
941.26(4)(i)2.c.
c. Provide a maximum effective range for a device or container described under
par. (a).
941.26(4)(i)2.d.
d. Provide other requirements to ensure that a device or container described under
par. (a) is effective and appropriate for self-defense purposes.
941.26(4)(i)3.
3. Subdivisions 1. and
2. do not apply to sales of devices or containers described under
par. (a) for use by peace officers or armed forces or national guard personnel.
941.26(4)(j)1.1. Whoever intentionally sells a device or container described under
par. (a) without providing the purchaser with all of the following is guilty of a Class A misdemeanor:
941.26(4)(j)1.b.
b. Written safety instructions for using the device or container.
941.26(4)(j)1.c.
c. A package that contains a clear, highlighted message to the purchaser cautioning him or her to read and follow the safety instructions.
941.26(4)(j)2.
2. The department of justice shall promulgate rules providing the requirements for labeling, packaging and written safety instructions under
subd. 1.
941.26(4)(k)
(k) Any person who has not attained the age of 18 years and who possesses a device or container described under
par. (a) is subject to a Class E forfeiture.
941.26(4)(L)
(L) Any person who has been convicted of a felony in this state or has been convicted of a crime elsewhere that would be a felony if committed in this state who possesses a device or container described under
par. (a) is subject to a Class A misdemeanor. This paragraph does not apply if the person has received a pardon for the felony or crime.
941.26 Cross-reference
Cross Reference: See also ch.
Jus 14, Wis. adm. code.
941.27(1)(a)
(a) Any weapon that shoots, is designed to shoot or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.
941.27(1)(b)
(b) The frame or receiver of any weapon described under
par. (a) or any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a weapon described under
par. (a).
941.27(1)(c)
(c) Any combination of parts from which a weapon described under
par. (a) can be assembled if those parts are in the possession or under the control of a person.
941.27(2)
(2) Exceptions. Sections 941.25 and
941.26 shall not prohibit or interfere with the manufacture for, and sale of, machine guns to the military forces or the peace officers of the United States or of any political subdivision thereof, or the transportation required for that purpose; the possession of a machine gun for scientific purpose, or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament or keepsake; or the possession of a machine gun other than one adapted to use pistol cartridges for a purpose manifestly not aggressive or offensive.
941.28
941.28
Possession of short-barreled shotgun or short-barreled rifle. 941.28(1)(a)
(a) "Rifle" means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of a propellant in a metallic cartridge to fire through a rifled barrel a single projectile for each pull of the trigger.
941.28(1)(b)
(b) "Short-barreled rifle" means a rifle having one or more barrels having a length of less than 16 inches measured from closed breech or bolt face to muzzle or a rifle having an overall length of less than 26 inches.
941.28(1)(c)
(c) "Short-barreled shotgun" means a shotgun having one or more barrels having a length of less than 18 inches measured from closed breech or bolt face to muzzle or a shotgun having an overall length of less than 26 inches.
941.28(1)(d)
(d) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of a propellant in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
941.28(2)
(2) No person may sell or offer to sell, transport, purchase, possess or go armed with a short-barreled shotgun or short-barreled rifle.
941.28(3)
(3) Any person violating this section is guilty of a Class H felony.
941.28(4)
(4) This section does not apply to the sale, purchase, possession, use or transportation of a short-barreled shotgun or short-barreled rifle to or by any armed forces or national guard personnel in line of duty, any peace officer of the United States or of any political subdivision of the United States or any person who has complied with the licensing and registration requirements under
26 USC 5801 to
5872. This section does not apply to the manufacture of short-barreled shotguns or short-barreled rifles for any person or group authorized to possess these weapons. The restriction on transportation contained in this section does not apply to common carriers. This section shall not apply to any firearm that may be lawfully possessed under federal law, or any firearm that could have been lawfully registered at the time of the enactment of the national firearms act of 1968.
941.28(5)
(5) Any firearm seized under this section is subject to
s. 968.20 (3) and is presumed to be contraband.
941.28 History
History: 1979 c. 115;
2001 a. 109.
941.28 Annotation
The intent in sub. (1) (d) is that of the fabricator; that the gun is incapable of being fired or not intended to be fired by the possessor is immaterial. State v. Johnson,
171 Wis. 2d 175,
491 N.W.2d 110 (Ct. App. 1992).
941.28 Annotation
"Firearm" means a weapon that acts by force of gunpowder to fire a projectile, regardless of whether it is inoperable due to disassembly. State v. Rardon,
185 Wis. 2d 701,
518 N.W.2d 330 (Ct. App. 1994).
941.29
941.29
Possession of a firearm. 941.29(1)
(1) A person is subject to the requirements and penalties of this section if he or she has been:
941.29(1)(b)
(b) Convicted of a crime elsewhere that would be a felony if committed in this state.
941.29(1)(bm)
(bm) Adjudicated delinquent for an act committed on or after April 21, 1994, that if committed by an adult in this state would be a felony.
941.29(1)(c)
(c) Found not guilty of a felony in this state by reason of mental disease or defect.
941.29(1)(d)
(d) Found not guilty of or not responsible for a crime elsewhere that would be a felony in this state by reason of insanity or mental disease, defect or illness.
941.29(1)(f)
(f) Enjoined under an injunction issued under
s. 813.12 or
813.122 or under a tribal injunction, as defined in
s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under
s. 941.29 and that has been filed under
s. 806.247 (3).
