941.20 Note
Judicial Council Note, 1988: The mental element of the offense under sub. (1) (a) is changed from reckless conduct to criminal negligence. See s. 939.25. If the defendant acts recklessly, the conduct is prohibited by s. 941.30. [Bill 191-S]
941.20 Annotation
Pointing a firearm is not a lesser included offense of armed robbery and a defendant can be convicted of both. State v. Smith,
55 Wis. 2d 304,
198 N.W.2d 630 (1972).
941.20 Annotation
A jury instruction that shooting "into" a building under sub. (2) (a) occurs when a bullet penetrates the building however slightly, conformed with common usage of the word and was not improper. State v. Grady,
175 Wis. 2d 553,
499 N.W.2d 285 (Ct. App. 1993).
941.20 Annotation
Police officers do not have an absolute right to point their weapons, but privilege may be asserted as an affirmative defense. State v. Trentadue,
180 Wis. 2d 670,
510 N.W.2d 727 (Ct. App. 1993).
941.20 Annotation
Although intentionally pointing a firearm at another constitutes a violation of this section, under s. 939.48 (1) a person is privileged to point a gun at another person in self-defense if the person reasonably believes that the threat of force is necessary to prevent or terminate what he or she reasonably believes to be an unlawful interference. State v. Watkins, 2002 WI 101,
255 Wis. 2d 265,
647 N.W.2d 244,
00-0064.
941.21
941.21
Disarming a peace officer. Whoever intentionally disarms a peace officer who is acting in his or her official capacity by taking a dangerous weapon or a device or container described under
s. 941.26 (1) (b) or
(4) (a) from the officer without his or her consent is guilty of a Class H felony. This section applies to any dangerous weapon or any device or container described under
s. 941.26 (1) (b) or
(4) (a) that the officer is carrying or that is in an area within the officer's immediate presence.
941.23
941.23
Carrying concealed weapon. Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor. Notwithstanding
s. 939.22 (22), for purposes of this section, peace officer does not include a commission warden who is not a state-certified commission warden.
941.23 Annotation
The burden is on the defendant to prove that he or she is a peace officer and within the exception. State v. Williamson,
58 Wis. 2d 514,
206 N.W.2d 613 (1973).
941.23 Annotation
A defendant was properly convicted under this section for driving a vehicle with a gun locked in a glove compartment. State v. Fry,
131 Wis. 2d 153,
388 N.W.2d 565 (1986).
941.23 Annotation
To "go armed" does not require going anywhere. The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant's person or within reach; 2) the defendant is aware of the weapon's presence; and 3) the weapon is hidden. State v. Keith,
175 Wis. 2d 75,
498 N.W.2d 865 (Ct. App. 1993).
941.23 Annotation
A handgun on the seat of a car that was 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),
97-1423.
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,
00-0744.
941.23 Annotation
The concealed weapons statute is a restriction on the manner in which firearms are possessed and used. It is constitutional under Art. I, s. 25. Only if the public benefit in the exercise of the police power is substantially outweighed by an individual's need to conceal a weapon in the exercise of the right to bear arms will an otherwise valid restriction on that right be unconstitutional, as applied. The right to keep and bear arms for security, as a general matter, must permit a person to possess, carry, and sometimes conceal arms to maintain the security of a private residence or privately operated business, and to safely move and store weapons within those premises. State v. Hamdan, 2003 WI 113,
264 Wis. 2d 433,
665 N.W.2d 785,
01-0056. See also State v. Cole, 2003 WI 112,
264 Wis. 2d 520,
665 N.W.2d 328,
01-0350.
941.23 Annotation
A challenge on constitutional grounds of a prosecution for carrying a concealed weapon requires affirmative answers to the following before the defendant may raise the constitutional defense: 1) under the circumstances, did the defendant's interest in concealing the weapon to facilitate exercise of his or her right to keep and bear arms substantially outweigh the state's interest in enforcing the concealed weapons statute? and 2) did the defendant conceal his or her weapon because concealment was the only reasonable means under the circumstances to exercise his or her right to bear arms? State v. Hamdan, 2003 WI 113,
264 Wis. 2d 433,
665 N.W.2d 785,
01-0056.
941.23 Annotation
This section is constitutional as applied in this case. The defendant's interest in exercising his right to keep and bear arms for purposes of security by carrying a concealed weapon in his vehicle does not substantially outweigh the state's interest in prohibiting him from carrying a concealed weapon in his vehicle. State v. Fisher, 2006 WI 44,
290 Wis. 2d 121,
714 N.W.2d 495,
04-2989.
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.
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). Notwithstanding
s. 939.22 (22), for purposes of this subsection, peace officer does not include a commission warden who is not a state-certified commission warden.
941.237
941.237
Carrying handgun where alcohol beverages may be sold and consumed. 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)(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)(dr)
(dr) Notwithstanding
s. 939.22 (22), "peace officer" does not include a commission warden who is not a state-certified commission warden.
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)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)(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)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.
941.24
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.
