Chapter 941

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) (1g) In this section:

941.29(1g)(a) (a) “Violent felony” means any felony under s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 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, 940.198, 940.20, 940.201, 940.203, 940.204, 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, 941.2905, 941.292, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 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)(e) (e) The person has been committed for treatment under s. 51.20 (13) (a) and is subject to an order not to possess a firearm under s. 51.20 (13) (cv) 1., 2007 stats.

941.29(1m)(em) (em) The person is subject to an order not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).

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(1m)(g) (g) The person is subject to an order not to possess a firearm under s. 813.123 (5m) or 813.125 (4m).

941.29(3) (3) Any firearm involved in an offense under this section is subject to s. 968.20 (3).

941.29(4m) (4m) 

941.29(4m)(a) (a) If a person commits a violation of sub. (1m), 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. Any of the following applies:

941.29(4m)(a)2.a. a. The person committed the current offense within 5 years after completing his or her sentence, including any parole or extended supervision, or after completing a period of probation imposed for a prior felony or violent misdemeanor.

941.29(4m)(a)2.b. b. The person committed the current offense while on probation, parole, extended supervision, or conditional release for the commission of a prior felony or violent misdemeanor.

941.29(4m)(a)2.c. c. The person committed the current offense within 5 years after being discharged from commitment under ch. 971 for the commission of 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(5)(b) (b) Has obtained relief from disabilities under 18 USC 925 (c).

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(9) (9) 

941.29(9)(a) (a) This section does not apply to a person specified in sub. (1m) (e) if the prohibition under s. 51.20 (13) (cv) 1., 2007 stats., has been canceled under s. 51.20 (13) (cv) 2. or (16) (gm), 2007 stats., or under s. 51.20 (13) (cv) 1m. c.

941.29(9)(b) (b) This section does not apply to a person specified in sub. (1m) (em) if the order under s. 51.20 (13) (cv) 1. is canceled under s. 51.20 (13) (cv) 1m. c., if the order under s. 51.45 (13) (i) 1. is canceled under s. 51.45 (13) (i) 2. c., if the order under s. 54.10 (3) (f) 1. is canceled under s. 54.10 (3) (f) 2. c., or if the order under s. 55.12 (10) (a) is canceled under s. 55.12 (10) (b) 3.

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 History History: 1981 c. 141, 317; 1983 a. 269; 1985 a. 259; 1993 a. 195, 196, 491; 1995 a. 71, 77, 306, 417; 2001 a. 109; 2007 a. 27; 2009 a. 258; 2011 a. 257, 258; 2013 a. 223; 2015 a. 109, 352; 2017 a. 145, 310, 365; 2021 a. 76, 209; 2023 a. 10.

941.29 Note NOTE: See Chapter 141, laws of 1981, section 2, entitled “Initial applicability.”

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 former 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 A convicted felon’s possession of a firearm is privileged in limited enumerated circumstances. State v. Coleman, 206 Wis. 2d 199, 556 N.W.2d 701 (1996), 95-0917.

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, section 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 U.S. 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 USC 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 the 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. See also State v. Culver, 2018 WI App 55, 384 Wis. 2d 222, 918 N.W.2d 103, 16-2160; State v. Roundtree, 2021 WI 1, 395 Wis. 2d 94, 952 N.W.2d 765, 18-0594; Kanter v. Barr, 919 F.3d 437 (2019).

941.29 Annotation Attempted possession of a firearm by a felon is a crime recognized under Wisconsin law. State v. Henning, 2013 WI App 15, 346 Wis. 2d 246, 828 N.W.2d 235, 10-2449.

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 The restoration of a felon’s rights in Virginia is not a pardon for the purposes of sub. (5) (a). Moran v. Department of Justice, 2019 WI App 38, 388 Wis. 2d 193, 932 N.W.2d 430, 18-0563.

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.

941.2905 941.2905 Straw purchasing of firearms.

941.2905(1) (1) Whoever intentionally furnishes, purchases, or possesses a firearm for a person, knowing that the person is prohibited from possessing a firearm under s. 941.29 (1m), is guilty of a Class G felony.

941.2905(2) (2) The prohibition in sub. (1) against possessing a firearm for a person who is prohibited from possessing a firearm does not apply to the possession of a firearm by any of the following:

941.2905(2)(a) (a) A person to whom the firearm is surrendered under s. 813.1285.

941.2905(2)(b) (b) A person who has been designated under s. 51.20 (13) (cv) 3. to store the firearm during the duration of the order under s. 51.20 (13) (cv) 1. not to possess a firearm.

941.2905(2)(c) (c) A person who has been designated under s. 51.45 (13) (i) 3. to store the firearm during the duration of the order under s. 51.45 (13) (i) 1. not to possess a firearm.

941.2905(2)(d) (d) A person who has been designated under s. 54.10 (3) (f) 3. to store the firearm during the duration of the order under s. 54.10 (3) (f) 1.

941.2905(2)(e) (e) A person who has been designated under s. 55.12 (10) (c) to store the firearm during the duration of the order under s. 55.12 (10) (a).

941.2905(2)(f) (f) A person not covered under pars. (a) to (e) who has been designated to store the firearm during the duration of any temporary prohibition on the possession of a firearm.

941.2905 History History: 2017 a. 145.

941.291 941.291 Possession of body armor.

941.291(1) (1) Definitions. In this section:

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. 943.23 (1g), 2021 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.204, 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), 943.231 (1), 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) (3) Penalty.

941.291(3)(a) (a) Whoever violates sub. (2) is guilty of a Class E felony.

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: