941.29

941.29 Possession of a firearm.

941.29(1)

(1) A person is subject to the requirements and penalties of this section if he or she has been:

941.29(1)(a)

(a) Convicted of a felony in this state.

941.29(1)(b)

(b) Convicted of a crime elsewhere that would be a felony if committed in this state.

941.29(1)(bm)

(bm) 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(1)(c)

(c) Found not guilty of a felony in this state by reason of mental disease or defect.

941.29(5)(b)

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

941.29(1)(d)

(d) 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(1)(e)

(e) Committed for treatment under § 51.20 (13)(a) and ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 2007 stats.

941.29(1)(em)

(em) Ordered 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(1)(f)

(f) Enjoined under an injunction issued under § 813.12 or 813.122 or under a tribal injunction, as defined in § 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 § 941.29 and that has been filed under § 806.247 (3).

941.29(1)(g)

(g) Ordered not to possess a firearm under § 813.125 (4m).

941.29(2)

(2) A person specified in sub. (1) is guilty of a Class G felony if he or she possesses a firearm under any of the following circumstances:

941.29(2)(a)

(a) The person possesses a firearm subsequent to the conviction for the felony or other crime, as specified in sub. (a) or (b).

941.29(2)(b)

(b) The person possesses a firearm subsequent to the adjudication, as specified in sub. (bm).

941.29(2)(c)

(c) The person possesses a firearm subsequent to the finding of not guilty or not responsible by reason of insanity or mental disease, defect or illness as specified in sub. (c) or (d).

941.29(2)(d)

(d) The person possesses a firearm while subject to the court order, as specified in sub. (e), (em), or (g).

941.29(2)(e)

(e) The person possesses a firearm while the injunction, as specified in sub. (f), is in effect.

941.29(3)

(3) Any firearm involved in an offense under sub. (2) is subject to § 968.20 (3).

941.29(4)

(4) A person is concerned with the commission of a crime, as specified in § 939.05 (2)(b), in violation of this section if he or she knowingly furnishes a person with a firearm in violation of sub. (2).

941.29(5)

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

941.29(5)(a)

(a) Has received a pardon with respect to the crime or felony specified in sub. (1) and has been expressly authorized to possess a firearm under 18 USC app. 1203; or

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. (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. (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. (em) if the order under s. 51.30 (13) (cv) 1. [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 § 55.12 (10)(a) is canceled under s. 55.12 (10) (b) 3.

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(10)

(10) The prohibition against firearm possession under this section does not apply to a person specified in sub. (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 § 939.22 (22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.