Chapter 948

948.55(3)(b) (b) The child under par. (a) possesses or exhibits the firearm in a public place or in violation of s. 941.20.

948.55(4) (4) Subsections (2) and (3) do not apply under any of the following circumstances:

948.55(4)(a) (a) The firearm is stored or left in a securely locked box or container or in a location that a reasonable person would believe to be secure.

948.55(4)(b) (b) The firearm is securely locked with a trigger lock.

948.55(4)(c) (c) The firearm is left on the person’s body or in such proximity to the person’s body that he or she could retrieve it as easily and quickly as if carried on his or her body.

948.55(4)(d) (d) The person is a peace officer or a member of the armed forces or national guard and the child obtains the firearm during or incidental to the performance of the person’s duties. 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.

948.55(4)(e) (e) The child obtains the firearm as a result of an illegal entry by any person.

948.55(4)(f) (f) The child gains access to a loaded firearm and uses it in the lawful exercise of a privilege under s. 939.48.

948.55(4)(g) (g) The person who stores or leaves a loaded firearm reasonably believes that a child is not likely to be present where the firearm is stored or left.

948.55(4)(h) (h) The firearm is rendered inoperable by the removal of an essential component of the firing mechanism such as the bolt in a breech-loading firearm.

948.55(5) (5) Subsection (2) does not apply if the bodily harm or death resulted from an accident that occurs while the child is using the firearm in accordance with s. 29.304 or 948.60 (3).

948.55 History History: 1991 a. 139; 1997 a. 248; 2007 a. 27.

948.60 948.60 Possession of a dangerous weapon by a person under 18.

948.60(1) (1) In this section, “dangerous weapon” means any firearm, loaded or unloaded; any electric weapon, as defined in s. 941.295 (1c) (a); metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed star-like object intended to injure a person when thrown; or a manrikigusari or similar length of chain having weighted ends.

948.60(2) (2) 

948.60(2)(a) (a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

948.60(2)(b) (b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony.

948.60(2)(c) (c) Whoever violates par. (b) is guilty of a Class H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

948.60(2)(d) (d) A person under 17 years of age who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

948.60(3) (3) 

948.60(3)(a) (a) This section does not apply to a person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult’s supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult’s supervision.

948.60(3)(b) (b) This section does not apply to a person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a person under 18 years of age in the line of duty.

948.60(3)(c) (c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593. This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of s. 941.28.

948.60 History History: 1987 a. 332; 1991 a. 18, 139; 1993 a. 98; 1995 a. 27, 77; 1997 a. 248; 2001 a. 109; 2005 a. 163; 2011 a. 35.

948.60 Annotation Sub. (2) (b) does not set a standard for civil liability, and a violation of sub. (2) (b) does not constitute negligence per se. Logarta v. Gustafson, 998 F. Supp. 998 (1998).

948.605 948.605 Gun-free school zones.

948.605(1) (1) Definitions. In this section:

948.605(1)(a) (a) “Encased” has the meaning given in s. 167.31 (1) (b).

948.605(1)(ac) (ac) “Firearm” does not include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.

948.605(1)(ag) (ag) “Former officer” has the meaning given in s. 941.23 (1) (c).

948.605(1)(am) (am) “Motor vehicle” has the meaning given in s. 340.01 (35).

948.605(1)(ar) (ar) “Qualified out-of-state law enforcement officer” has the meaning given in s. 941.23 (1) (g).

948.605(1)(b) (b) “School” has the meaning given in s. 948.61 (1) (b).

948.605(1)(c) (c) “School zone” means any of the following:

948.605(1)(c)1. 1. In or on the grounds of a school.

948.605(1)(c)2. 2. Within 1,000 feet from the grounds of a school.

948.605(2) (2) Possession of firearm in school zone.

948.605(2)(a) (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is in or on the grounds of a school is guilty of a Class I felony. Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is within 1,000 feet of the grounds of a school is subject to a Class B forfeiture.

948.605(2)(b) (b) Paragraph (a) does not apply to the possession of a firearm by any of the following:

948.605(2)(b)1m. 1m. A person who possesses the firearm in accordance with 18 USC 922 (q) (2) (B) (i), (iv), (v), (vi), or (vii).

948.605(2)(b)1r. 1r. Except if the person is in or on the grounds of a school, a licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

948.605(2)(b)2d. 2d. A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

948.605(2)(b)2e. 2e. A person who is certified as a tactical emergency medical services professional under s. 165.85 (3) acting in his or her official capacity.

948.605(2)(b)2f. 2f. A qualified out-of-state law enforcement officer to whom s. 941.23 (2) (b) 1. to 3. applies.

948.605(2)(b)2h. 2h. A former officer to whom s. 941.23 (2) (c) 1. to 7. applies.

948.605(2)(b)2m. 2m. A state-certified commission warden acting in his or her official capacity.

948.605(2)(b)3. 3. A person possessing a gun that is not loaded and is any of the following:

948.605(2)(b)3.a. a. Encased.

948.605(2)(b)3.b. b. In a locked firearms rack that is on a motor vehicle.

948.605(2)(b)3m. 3m. A person who is legally hunting in a school forest if the school board has decided that hunting may be allowed in the school forest under s. 120.13 (38).

948.605(3) (3) Discharge of firearm in a school zone.

948.605(3)(a) (a) Any individual who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place the individual knows is a school zone is guilty of a Class G felony.

948.605(3)(b) (b) Paragraph (a) does not apply to the discharge of, or the attempt to discharge, a firearm:

948.605(3)(b)1. 1. On private property not part of school grounds.

948.605(3)(b)2. 2. As part of a program approved by a school in the school zone, by an individual who is participating in the program.

948.605(3)(b)3. 3. By an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual.

948.605(3)(b)4. 4. By a law enforcement officer or state-certified commission warden acting in his or her official capacity.

948.605(3)(b)5. 5. By a person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

948.605(3)(b)5m. 5m. By a person who is certified as a tactical emergency medical services professional under s. 165.85 (3) acting in his or her official capacity.

948.605(3)(b)6. 6. By a qualified out-of-state law enforcement officer to whom s. 941.23 (2) (b) 1. to 3. applies.

948.605(3)(b)7. 7. By a former officer to whom s. 941.23 (2) (c) 1. to 7. applies.

948.605 History History: 1991 a. 17; 1993 a. 336; 2001 a. 109; 2005 a. 290; 2007 a. 27; 2011 a. 35; 2013 a. 166; 2015 a. 23; 2023 a. 218.

948.61 948.61 Dangerous weapons other than firearms on school premises.

948.61(1) (1) In this section:

948.61(1)(a) (a) “Dangerous weapon” has the meaning specified in s. 939.22 (10), except “dangerous weapon” does not include any firearm and does include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.

948.61(1)(b) (b) “School” means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.

948.61(1)(c) (c) “School premises” means any school building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration.

948.61(2) (2) Any person who knowingly possesses or goes armed with a dangerous weapon on school premises is guilty of:

948.61(2)(a) (a) A Class A misdemeanor.

948.61(2)(b) (b) A Class I felony, if the violation is the person’s 2nd or subsequent violation of this section within a 5-year period, as measured from the dates the violations occurred.

948.61(3) (3) This section does not apply to any person who:

948.61(3)(a) (a) Uses a weapon solely for school-sanctioned purposes.

948.61(3)(b) (b) Engages in military activities, sponsored by the federal or state government, when acting in the discharge of his or her official duties.

948.61(3)(c) (c) Is a law enforcement officer or state-certified commission warden acting in the discharge of his or her official duties.

948.61(3)(d) (d) Participates in a convocation authorized by school authorities in which weapons of collectors or instructors are handled or displayed.

948.61(3)(e) (e) Drives a motor vehicle in which a dangerous weapon is located onto school premises for school-sanctioned purposes or for the purpose of delivering or picking up passengers or property. The weapon may not be removed from the vehicle or be used in any manner.

948.61(3)(f) (f) Possesses or uses a bow and arrow or knife while legally hunting in a school forest if the school board has decided that hunting may be allowed in the school forest under s. 120.13 (38).

948.61(4) (4) A person under 17 years of age who has violated this section is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

948.61 History History: 1987 a. 332; 1991 a. 17; 1993 a. 336; 1995 a. 27, 77; 2001 a. 109; 2005 a. 290; 2007 a. 27; 2009 a. 302.

948.61 Annotation Pellet guns and BB guns are dangerous weapons under this section. State v. Michelle A.D., 181 Wis. 2d 917, 512 N.W.2d 248 (Ct. App. 1994).

948.62 948.62 Receiving stolen property from a child.

948.62(1) (1) Whoever intentionally receives stolen property from a child or conceals stolen property received from a child is guilty of:

948.62(1)(a) (a) A Class A misdemeanor, if the value of the property does not exceed $500.

948.62(1)(b) (b) A Class I felony, if the value of the property exceeds $500 but does not exceed $2,500.

948.62(1)(bm) (bm) A Class H felony, if the property is a firearm or if the value of the property exceeds $2,500 but does not exceed $5,000.

948.62(1)(c) (c) A Class G felony, if the value of the property exceeds $5,000.

948.62(2) (2) Under this section, proof of all of the following is prima facie evidence that property received from a child was stolen and that the person receiving the property knew it was stolen:

948.62(2)(a) (a) That the value of the property received from the child exceeds $500.

948.62(2)(b) (b) That there was no consent by a person responsible for the child’s welfare to the delivery of the property to the person.