941.29(2)
(2) A person specified in
sub. (1) is guilty of a Class E 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(2m)
(2m) Whoever violates this section after being convicted under this section is guilty of a Class D felony.
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.
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 not intended 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
A convicted felon's possession of a firearm is privileged in limited enumerated circumstances. State v. Coleman,
206 Wis. 2d 198,
556 N.W. 2d 701 (1996).
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.
941.295
941.295
Possession of electric weapon.