941.20 NoteJudicial 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 AnnotationPointing 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 AnnotationA 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 AnnotationPolice 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 AnnotationAlthough 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 the person reasonably believes to be an unlawful interference. State v. Watkins, 2002 WI 101, 255 Wis. 2d 265, 647 N.W.2d 244, 00-0064. 941.20 AnnotationThe defendant’s as-applied challenge to sub. (1) (b) failed. Sub. (1) (b) did not strike at the core right of the 2nd amendment because the defendant did not act in self-defense. Because sub. (1) (b) did not severely burden the defendant’s 2nd amendment right and was substantially related to the important government objective of protecting public safety, it survived intermediate scrutiny as applied to the defendant. State v. Christen, 2021 WI 39, 396 Wis. 2d 705, 958 N.W.2d 746, 19-1767. 941.21941.21 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 (1g) (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 (1g) (b) or (4) (a) that the officer is carrying or that is in an area within the officer’s immediate presence. 941.23941.23 Carrying concealed weapon. 941.23(1)(c)(c) “Former officer” means a person who served as a law enforcement officer with a law enforcement agency before separating from law enforcement service. 941.23(1)(g)(g) “Qualified out-of-state law enforcement officer” means a law enforcement officer to whom all of the following apply: 941.23(1)(g)1.1. The person is employed by a state or local government agency in another state. 941.23(1)(g)2.2. The agency has authorized the person to carry a firearm. 941.23(1)(g)3.3. The person is not the subject of any disciplinary action by the agency that could result in the suspension or loss of the person’s law enforcement authority. 941.23(1)(g)4.4. The person meets all standards established by the agency to qualify the person on a regular basis to use a firearm. 941.23(1)(g)5.5. The person is not prohibited under federal law from possessing a firearm. 941.23(2)(2) Any person, other than one of the following, who carries a concealed and dangerous weapon is guilty of a Class A misdemeanor: 941.23(2)(a)(a) A peace officer, but notwithstanding s. 939.22, for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden. 941.23(2)(am)(am) A person who is certified as a tactical emergency medical services professional under s. 165.85 (3) while acting in the line of duty. 941.23(2)(b)(b) A qualified out-of-state law enforcement officer. This paragraph applies only if all of the following apply: 941.23(2)(b)1.1. The weapon is a firearm but is not a machine gun or a destructive device. 941.23(2)(b)3.3. The officer is not under the influence of an intoxicant. 941.23(2)(c)(c) A former officer. This paragraph applies only if all of the following apply: 941.23(2)(c)1.1. The former officer has been issued a photographic identification document described in sub. (3) (b) 1. or both of the following: 941.23(2)(c)1.b.b. An identification card described in sub. (3) (b) 2. a., if the former officer resides in this state, or a certification described in sub. (3) (b) 2. b., if the former officer resides in another state. 941.23(2)(c)2.2. The weapon is a firearm that is of the type described in a photographic identification document described in subd. 1. (intro.) or a card or certification described in subd. 1. b. 941.23(2)(c)3.3. Within the preceding 12 months, the former officer met the standards of the state in which he or she resides for training and qualification for active law enforcement officers to carry firearms. 941.23(2)(c)4.4. The weapon is not a machine gun or a destructive device. 941.23(2)(c)5.5. The former officer is not carrying a firearm silencer. 941.23(2)(c)6.6. The former officer is not under the influence of an intoxicant. 941.23(2)(c)7.7. The former officer is not prohibited under federal law from possessing a firearm. 941.23(2)(d)(d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the dangerous weapon is a weapon, as defined under s. 175.60 (1) (j). An individual formerly licensed under s. 175.60 whose license has been suspended or revoked under s. 175.60 (14) may not assert his or her refusal to accept a notice of revocation or suspension mailed under s. 175.60 (14) (b) 1. as a defense to prosecution under this subsection, regardless of whether the person has complied with s. 175.60 (11) (b) 1. 941.23(2)(e)(e) An individual who carries a concealed and dangerous weapon, as defined in s. 175.60 (1) (j), in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies. 941.23(3)(a)(a) A qualified out-of-state law enforcement officer shall, while carrying a concealed firearm, also have with him or her an identification card that contains his or her photograph and that was issued by the law enforcement agency by which he or she is employed. 941.23(3)(b)(b) A former officer shall, while carrying a concealed firearm, also have with him or her one of the following: 941.23(3)(b)1.1. A photographic identification document issued by the law enforcement agency from which the former officer separated that indicates that, within the 12 months preceding the date on which the former officer is carrying the concealed firearm, he or she was tested or otherwise found by that law enforcement agency to meet the standards for qualification in firearms training that that law enforcement agency sets for active law enforcement officers to carry a firearm of the same type as the firearm that the former officer is carrying. 941.23(3)(b)2.2. A photographic identification document issued by the law enforcement agency from which the former officer separated and one of the following: 941.23(3)(b)2.b.b. A certification issued by the state in which the former officer resides, if the former officer resides in another state, that indicates that, within the 12 months preceding the date on which the former officer is carrying the concealed firearm, he or she has been found by the state in which he or she resides, or by a certified firearms instructor if such an instructor is qualified to conduct a firearms qualification test for active law enforcement officers in that state, to meet the standards for qualification in firearms training for active law enforcement officers to carry a firearm of the type he or she is carrying, that are established by his or her state of residence or, if that state does not establish standards, by any law enforcement agency in his or her state of residence. 941.23(3)(c)(c) A person who violates this subsection may be required to forfeit not more than $25, except that the person shall be exempted from the forfeiture if the person presents, within 48 hours, his or her license document or out-of-state license and photographic identification to the law enforcement agency that employs the requesting law enforcement officer. 941.23 AnnotationThe burden is on the defendant to prove that the defendant is a peace officer and within the exception. State v. Williamson, 58 Wis. 2d 514, 206 N.W.2d 613 (1973). 941.23 AnnotationA 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 AnnotationTo “go armed” does not require going anywhere. The elements for a violation of this section 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 AnnotationA 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 AnnotationThere is no statutory or common law privilege for the crime of carrying a concealed weapon under this section. State Dundon, 226 Wis. 2d 654, 594 N.W.2d 780 (1999), 97-1423. 941.23 AnnotationThe concealed weapons statute is a restriction on the manner in which firearms are possessed and used. It is constitutional under article I, section 25, of the Wisconsin Constitution. 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 AnnotationA 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 the defendant’s right to keep and bear arms substantially outweigh the state’s interest in enforcing the concealed weapons statute; and 2) did the defendant conceal the defendant’s weapon because concealment was the only reasonable means under the circumstances to exercise the defendant’s right to bear arms? State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01-0056. 941.23 AnnotationThis 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 did not substantially outweigh the state’s interest in prohibiting the defendant 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 AnnotationAlthough the standard jury instruction provides that “[a] firearm is a weapon that acts by force of gunpowder,” the state was not required to present evidence that a firearm operated by force of gunpowder. Essentially, both the supreme court and court of appeals have taken judicial notice of the fact that it is common knowledge that the guns at issue in previous cases operated as dangerous weapons because they used gunpowder to fire projectiles. State v. Powell, 2012 WI App 33, 340 Wis. 2d 423, 812 N.W.2d 520, 11-0630. 941.23 AnnotationSub. (2) and s. 167.31 (2) (b) are not in conflict. The defendant could have complied with both by either obtaining a license to carry a concealed weapon under s. 175.60 or by placing the loaded handgun out of reach. State v. Grandberry, 2018 WI 29, 380 Wis. 2d 541, 910 N.W.2d 214, 16-0173. 941.23 AnnotationSub. (2) is not unconstitutionally vague. A person of ordinary intelligence has sufficient notice that carrying a concealed and dangerous weapon is unlawful unless one of the enumerated exceptions under sub. (2) (a) to (e) applies. State v. Grandberry, 2018 WI 29, 380 Wis. 2d 541, 910 N.W.2d 214, 16-0173. 941.23 AnnotationJudges are not peace officers authorized to carry concealed weapons. 69 Atty. Gen. 66.
941.231941.231 Carrying a concealed knife. Any person who is prohibited from possessing a firearm under s. 941.29 who goes armed with a concealed knife that is a dangerous weapon is guilty of a Class A misdemeanor. 941.231 HistoryHistory: 2015 a. 149. 941.235941.235 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 any of the following: 941.235(2)(a)(a) 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 paragraph, peace officer does not include a commission warden who is not a state-certified commission warden. 941.237941.237 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 federal government. 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.
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