Chapter 941

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 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 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 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 Annotation Although 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 Annotation Sub. (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 Annotation Sub. (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 Annotation Judges are not peace officers authorized to carry concealed weapons. 69 Atty. Gen. 66.

941.231 941.231 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 History History: 2015 a. 149.

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 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.

941.235(2)(c) (c) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

941.235(2)(d) (d) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

941.235(2)(e) (e) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

941.235 History History: 1979 c. 221; 1991 a. 172; 1993 a. 246; 2001 a. 109; 2007 a. 27; 2011 a. 35.

941.237 941.237 Carrying handgun where alcohol beverages may be sold and consumed.

941.237(1) (1) In this section:

941.237(1)(a) (a) “Alcohol beverages” has the meaning given in s. 125.02 (1).

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)(c) (c) “Encased” has the meaning given in s. 167.31 (1) (b).

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)(d) (d) “Handgun” has the meaning given in s. 175.35 (1) (b).

941.237(1)(dm) (dm) “Hotel” has the meaning given in s. 97.01 (7).

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)(e) (e) “Premises” has the meaning given in s. 125.02 (14m), but excludes any area primarily used as a residence.

941.237(1)(em) (em) “Private security person” has the meaning given in s. 440.26 (1m).

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) (g) “Unloaded” means any of the following:

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)(a) (a) A peace officer.

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)1. 1. The private security person is covered by a license or permit issued under s. 440.26.

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)(cr) (cr) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

941.237(3)(ct) (ct) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

941.237(3)(cx) (cx) 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 licensee or out-of-state licensee is not consuming alcohol on the premises.

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 History History: 1993 a. 95, 491; 1995 a. 461; 2007 a. 27; 2011 a. 35; 2015 a. 22, 55; 2021 a. 238 s. 44.

941.237 Annotation Sub. (3) does not allow going armed with a concealed handgun in violation of s. 941.23. State v. Mata, 199 Wis. 2d 315, 544 N.W.2d 578 (Ct. App. 1996), 95-1336.

941.25 941.25 Manufacturer to register machine guns.

941.25(1) (1) In this section, “machine gun” means any of the following:

941.25(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.

941.25(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).

941.25(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.

941.25(2) (2) 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 subsection for inspection. Whoever violates any provision of this subsection is subject to a Class B forfeiture.

941.25(3) (3) This section does 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.

941.25 History History: 1977 c. 173; 2015 a. 197 ss. 17, 30, 31.

941.26 941.26 Machine guns and other weapons; use in certain cases; penalty.

941.26(1c) (1c) In this section:

941.26(1c)(a) (a) “CS gel” means nonatomizing, gel-form chlorobenzalmalononitrile.

941.26(1c)(b) (b) “Machine gun” has the meaning given in s. 941.25 (1).

941.26(1g) (1g) 

941.26(1g)(a) (a) No person may sell, possess, use or transport any machine gun or other full automatic firearm.

941.26(1g)(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) (2) 

941.26(2)(a) (a) Any person violating sub. (1g) (a) is guilty of a Class H felony.

941.26(2)(b) (b) Any person violating sub. (1m) is guilty of a Class F felony.

941.26(2)(c) (c) Except as provided in par. (d), any person who violates sub. (1g) (b) regarding the possession, noncommercial transportation or use of the bomb, grenade, projectile, shell, or container under sub. (1g) (b) is guilty of a Class A misdemeanor.

941.26(2)(d) (d) Any person who violates sub. (1g) (b) regarding the possession, noncommercial transportation or use of the bomb, grenade, projectile, shell, or container under sub. (1g) (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. (1g) (b) regarding the sale or commercial transportation of the bomb, grenade, projectile, shell, or container under sub. (1g) (b) is guilty of a Class H felony.

941.26(2)(f) (f) Any person who violates sub. (1g) (b) regarding the use of the bomb, grenade, projectile, shell or container under sub. (1g) (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. (1g) (b) regarding the use of the bomb, grenade, projectile, shell or container under sub. (1g) (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. (1g) 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. (1g) (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. (1g) (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) (4) 

941.26(4)(a) (a) Subsections (1g) to (3) do not apply to any device or container that contains a combination of oleoresin of capsicum or CS gel 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) (c) Paragraph (b) does not apply to any of the following:

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)(g) (g)