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(1g)(a)
(a) “Violent felony" means any felony under s.
943.23 (1m), 1999 stats., or s.
943.23 (1r), 1999 stats., this section, 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,
940.235,
940.285 (2),
940.29,
940.295 (3),
940.30,
940.302,
940.305,
940.31,
940.43 (1) to
(3),
940.45 (1) to
(3),
941.20,
941.26,
941.28,
941.292,
941.30,
941.327 (2) (b) 3. or
4.,
943.02,
943.04,
943.06,
943.10 (2),
943.23 (1g),
943.32,
943.87,
946.43,
948.02 (1) or
(2),
948.025,
948.03,
948.04,
948.05,
948.051,
948.06,
948.07,
948.08,
948.085, or
948.30.
941.29(1g)(b)
(b) “Violent misdemeanor" means a violation of
s. 813.12,
813.122,
813.125,
940.19 (1),
940.195,
940.42,
940.44,
941.20 (1),
941.26,
941.38 (3),
941.39,
947.013,
948.55,
951.02,
951.08,
951.09, or
951.095 or a violation to which a penalty specified in
s. 939.63 (1) is applied.
941.29(1m)
(1m) A person who possesses a firearm is guilty of a Class G felony if any of the following applies:
941.29(1m)(a)
(a) The person has been convicted of a felony in this state.
941.29(1m)(b)
(b) The person has been convicted of a crime elsewhere that would be a felony if committed in this state.
941.29(1m)(bm)
(bm) The person has been 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(1m)(c)
(c) The person has been found not guilty of a felony in this state by reason of mental disease or defect.
941.29(1m)(d)
(d) The person has been 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(1m)(f)
(f) The person is subject to 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 this section and that has been filed under
s. 813.128 (3g).
941.29 Note
NOTE: Par. (f) is shown as affected by
2015 Wis. Acts 109 and
352 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
941.29(3)
(3) Any firearm involved in an offense under this section is subject to
s. 968.20 (3).
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 this section.
941.29(4m)(a)(a) The court shall impose a bifurcated sentence under
s. 973.01 and the confinement portion of the bifurcated sentence imposed on the person shall be not less than 3 years if all of the following are true:
941.29(4m)(a)1.
1. The person is subject to this section because he or she was convicted of, adjudicated delinquent for, or found not guilty of by reason of mental disease or defect, committing, soliciting, conspiring, or attempting to commit a violent felony.
941.29(4m)(a)2.
2. The person committed the current offense within 5 years after completing his or her sentence, including any probation, parole, or extended supervision, or being discharged by the department of corrections, for a prior felony or violent misdemeanor.
941.29(4m)(b)
(b) This subsection does not apply to sentences imposed after July 1, 2020.
941.29(5)
(5) This section does not apply to any person specified in
sub. (1m) who:
941.29(5)(a)
(a) Has received a pardon with respect to the crime or felony specified in
sub. (1m) or
(4m) 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. (1m) (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. (1m) (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, 1989 stats., 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
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) [now sub. (1m) (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
The ban on felons possessing firearms is constitutional, and that ban extends to all felons, including nonviolent ones. The governmental objective of public safety is an important one, and the legislature's decision to deprive a nonviolent felon of the right to possess a firearm is substantially related to this goal. State v. Pocian,
2012 WI App 58,
341 Wis. 2d 380,
814 N.W.2d 894,
11-1035.
941.29 Annotation
Denial of the defendant's motion to dismiss a charge of possession of a firearm as someone who has been adjudicated delinquent that was based on the same underlying chain of events as an earlier dismissed charge of possession of a firearm as a felon did not violate the defendant's right to be free from double jeopardy. State v. Berry,
2016 WI App 40,
369 Wis. 2d 211,
879 N.W.2d 802,
15-1195.
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.
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.
941.292
941.292
Possession of a weaponized drone. 941.292(1)
(1) In this section, “drone" means a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. A drone may be expendable or recoverable.
941.292(2)
(2) Whoever operates any weaponized drone is guilty of a Class H felony. This subsection does not apply to a member of the U.S. armed forces or national guard acting in his or her official capacity.
