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).
941.29(2)
(2) A person specified in
sub. (1) is guilty of a Class G felony if he or she possesses a firearm under any of the following circumstances:
941.29(2)(a)
(a) The person possesses a firearm subsequent to the conviction for the felony or other crime, as specified in
sub. (1) (a) or
(b).
941.29(2)(b)
(b) The person possesses a firearm subsequent to the adjudication, as specified in
sub. (1) (bm).
941.29(2)(c)
(c) The person possesses a firearm subsequent to the finding of not guilty or not responsible by reason of insanity or mental disease, defect or illness as specified in
sub. (1) (c) or
(d).
941.29(2)(d)
(d) The person possesses a firearm while subject to the court order, as specified in
sub. (1) (e) or
(g).
941.29(2)(e)
(e) The person possesses a firearm while the injunction, as specified in
sub. (1) (f), is in effect.
941.29(4)
(4) A person is concerned with the commission of a crime, as specified in
s. 939.05 (2) (b), in violation of this section if he or she knowingly furnishes a person with a firearm in violation of
sub. (2).
941.29(5)
(5) This section does not apply to any person specified in
sub. (1) who:
941.29(5)(a)
(a) Has received a pardon with respect to the crime or felony specified in
sub. (1) and has been expressly authorized to possess a firearm under 18 USC app. 1203; or
941.29(6)
(6) The prohibition against firearm possession under this section does not apply to any correctional officer employed before May 1, 1982, who is required to possess a firearm as a condition of employment. This exemption applies if the officer is eligible to possess a firearm under any federal law and applies while the officer is acting in an official capacity.
941.29(7)
(7) This section does not apply to any person who has been found not guilty or not responsible by reason of insanity or mental disease, defect or illness if a court subsequently determines both of the following:
941.29(7)(a)
(a) The person is no longer insane or no longer has a mental disease, defect or illness.
941.29(7)(b)
(b) The person is not likely to act in a manner dangerous to public safety.
941.29(8)
(8) This section does not apply to any person specified in
sub. (1) (bm) if a court subsequently determines that the person is not likely to act in a manner dangerous to public safety. In any action or proceeding regarding this determination, the person has the burden of proving by a preponderance of the evidence that he or she is not likely to act in a manner dangerous to public safety.
941.29(10)
(10) The prohibition against firearm possession under this section does not apply to a person specified in
sub. (1) (f) if the person satisfies any of the following:
941.29(10)(a)
(a) The person is a peace officer and the person possesses a firearm while in the line of duty or, if required to do so as a condition of employment, while off duty. Notwithstanding
s. 939.22 (22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.
941.29(10)(b)
(b) The person is a member of the U.S. armed forces or national guard and the person possesses a firearm while in the line of duty.
941.29 Annotation
If a defendant is willing to stipulate to being a convicted felon, evidence of the nature of the felony is irrelevant if offered only to support the felony conviction element. State v. McAllister,
153 Wis. 2d 523,
451 N.W.2d 764 (Ct. App. 1989).
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
While 18 U.S.C. s. 1162(b) prohibits the state from depriving any Indian of any right, privilege, or immunity afforded under federal treaty, defendant's claim that he was exercising tribal hunting rights did not prevent the application of this section. Application of this section did not make defendant's exercise of treaty hunting rights illegal. Rather, the defendant's own actions in committing a felony limited him from fully enjoying those rights. State v. Jacobs, 2007 WI App 155,
302 Wis. 2d 675,
735 N.W.2d 535,
06-2076.
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(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.
