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Legal Statutes: Wisconsin

UPDATED August 7, 2017

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Subchapter III. Weapons

back to top941.29. Possession of a firearm

(1g) In this section:

(a) “Violent felony” means any felony under s. 943.23(1m), 1999 stats., or s. 943.23(1r), 1999 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, 940.20, 940.201, 940.203, 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, 941.292, 941.30, 941.327(2)(b)3. or 4., 943.02, 943.04, 943.06, 943.10(2), 943.23(1g), 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.

(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.

(1m) A person who possesses a firearm is guilty of a Class G felony if any of the following applies:

(a) The person has been convicted of a felony in this state.

(b) The person has been convicted of a crime elsewhere that would be a felony if committed in this state.

(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.

(c) The person has been found not guilty of a felony in this state by reason of mental disease or defect.

(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.

(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 unders. 51.20(13)(cv) 1., 2007 stats.

(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).

(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. 806.247(3).

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

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

(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 this section.

(4m) (a) 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:

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.

2. The person committed the current offense within 5 years after completing his or her sentence, including any probation, parole, or extended supervision, or being discharged by the department of corrections, for a prior felony or violent misdemeanor.

(b) This subsection does not apply to sentences imposed after July 1, 2020.

(5) This section does not apply to any person specified in sub. (1m) who:

(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

(b) Has obtained relief from disabilities under 18 USC 925(c).

(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.

(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:

(a) The person is no longer insane or no longer has a mental disease, defect or illness.

(b) The person is not likely to act in a manner dangerous to public safety.

(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.

(9)(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.

(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.

(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:

(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.

(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.

L.1981, c. 141, § 1, eff. March 31, 1982.

L.1981, c. 317, § 85pc, eff. May 1, 1982.

1983 Act 269, §§ 1 to 3, eff. April 27, 1984.

1985 Act 259, §§ 1, 2, eff. April 30, 1986.

1993 Act 195, §§ 8 to 10, eff. April 21, 1994.

1993 Act 196, §§ 20, 21, eff. April 21, 1994.

1993 Act 491, § 261, eff. June 11, 1994.

1995 Act 71, §§ 23 to 26m, eff. April 1, 1996.

1995 Act 77, § 637, eff. July 1, 1996.

1995 Act 306, § 18, eff. May 16, 1996.

1995 Act 417, §§ 89, 90, eff. July 1, 1996.

2001 Act 109, §§ 678, 679, eff. Feb. 1, 2003.

2007 Act 27, § 32, eff. Nov. 27, 2007.

2009 Act 258, §§ 14 to 18, eff. July 1, 2010.

2011 Act 257, § 53, eff. April 20, 2012.

2011 Act 258, § 115, eff. April 20, 2012.

 2013 Act 223, § 20, eff. April 10, 2014 .

 2015 Act 109, §§ 6 to 16, eff. Nov. 13, 2015 .