pOrk
11-25-2009, 02:07 PM
I'm trying to track down all the State Statues regarding Open Carry to prove to a co-worker that it is indeed legal. These are the few I tracked down, know if any others? Also has anyone here open carried?
941.235 Carrying firearm in public building. (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.
(2) This section does not apply to 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 subsection, peace
officer does not include a commission warden who is not a state−
certified commission warden.
History: 1979 c. 221; 1991 a. 172; 1993 a. 246; 2001 a. 109; 2007 a. 27.
941.237 Carrying handgun where alcohol beverages
may be sold and consumed. (1) In this section:
(a) “Alcohol beverages” has the meaning given in s. 125.02
(1).
(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.
(c) “Encased” has the meaning given in s. 167.31 (1) (b).
CRIMES — PUBLIC HEALTH AND SAFETY 941.26
3 Updated 07−08 Wis. Stats. Database
Not certified under s. 35.18 (2), stats.
(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
U.S. department of the treasury.
(d) “Handgun” has the meaning given in s. 175.35 (1) (b).
(dm) “Hotel” has the meaning given in s. 254.61 (3).
(dr) Notwithstanding s. 939.22 (22), “peace officer” does not
include a commission warden who is not a state−certified commission
warden.
(e) “Premises” has the meaning given in s. 125.02 (14m), but
excludes any area primarily used as a residence.
(em) “Private security person” has the meaning given in s.
440.26 (1m) (h).
(f) “Target range” means any area where persons are allowed
to use a handgun to fire shots at targets.
(fm) “Tavern” means an establishment, other than a private
club or fraternal organization, in which alcohol beverages are sold
for consumption on the premises.
(g) “Unloaded” means any of the following:
1. Having no shell or cartridge in the chamber of a handgun
or in the magazine attached to a handgun.
2. In the case of a caplock muzzle−loading handgun, having
the cap removed.
3. In the case of a flintlock muzzle−loading handgun, having
the flashpan cleaned of powder.
(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.
(3) Subsection (2) does not apply to any of the following:
(a) A peace officer.
(b) A correctional officer while going armed in the line of duty.
(c) A member of the U.S. armed forces or national guard while
going armed in the line of duty.
(cm) A private security person meeting all of the following criteria:
1. The private security person is covered by a license or permit
issued under s. 440.26.
2. The private security person is going armed in the line of
duty.
3. The private security person is acting with the consent of the
person specified in par. (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.
(e) The possession of a handgun that is unloaded and encased
in a vehicle in any parking lot area.
(f) The possession or use of a handgun at a public or private
gun or sportsmen’s range or club.
(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.
(h) The possession of any handgun that is used for decoration
if the handgun is encased, inoperable or secured in a locked condition.
(i) The possession of a handgun in any portion of a hotel other
than the portion of the hotel that is a tavern.
(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.
(4) The state does not have to negate any exception under sub.
(3). Any party that claims that an exception under sub. (3) is applicable
has the burden of proving the exception by a preponderance
of the evidence.
History: 1993 a. 95, 491; 1995 a. 461; 2007 a. 27.
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.
941.29 Possession of a firearm. (1) A person is subject to
the requirements and penalties of this section if he or she has been:
(a) Convicted of a felony in this state.
(b) Convicted of a crime elsewhere that would be a felony if
committed in this state.
(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.
(c) Found not guilty of a felony in this state by reason of mental
disease or defect.
(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.
(e) Committed for treatment under s. 51.20 (13) (a) and
ordered not to possess a firearm under s. 51.20 (13) (cv).
(f) Enjoined under 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 s. 941.29 and that
has been filed under s. 806.247 (3).
(g) Ordered not to possess a firearm under s. 813.125 (4m).
(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:
(a) The person possesses a firearm subsequent to the conviction
for the felony or other crime, as specified in sub. (1) (a) or (b).
(b) The person possesses a firearm subsequent to the adjudication,
as specified in sub. (1) (bm).
(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. (1) (c) or (d).
(d) The person possesses a firearm while subject to the court
order, as specified in sub. (1) (e) or (g).
(e) The person possesses a firearm while the injunction, as specified
in sub. (1) (f), is in effect.
(3) Any firearm involved in an offense under sub. (2) 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
sub. (2).
(5) This section does not apply to any person specified in sub.
(1) who:
(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
(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.
(1) (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) This section does not apply to a person specified in sub. (1)
(e) if the prohibition under s. 51.20 (13) (cv) 1. has been canceled
under s. 51.20 (13) (cv) 2. or (16) (gm).
(10) The prohibition against firearm possession under this
section does not apply to a person specified in sub. (1) (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.
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.
NOTE: See Chapter 141, laws of 1981, section 2, entitled “Initial applicability.”
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).
Failure to give the warning under s. 973.033 does not prevent a conviction under
this section. State v. Phillips, 172 Wis. 2d 391, 493 N.W.2d 238 (Ct. App. 1992).
Updated 07−08 Wis. Stats. Database 6
941.29 CRIMES — PUBLIC HEALTH AND SAFETY Not certified under s. 35.18 (2), stats.
Electronic reproduction of 2007−08 Wis. Stats. database, updated and current through 2009 Act 39 and August 17, 2009.
Text from the 2007−08 Wis. Stats. database updated by the Legislative Reference Bureau. Only printed statutes are certified
under s. 35.18 (2), stats. Statutory changes effective prior to 9−1−09 are printed as if currently in effect. Statutory changes effective
on or after 9−1−09 are designated by NOTES. Report errors at (608) 266−3561, FAX 264−6948, http://www.legis.
state.wi.us/rsb/stats.html
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).
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.
Sub. (2m) is not in the nature of a penalty enhancer, but defines an additional element
to the crime described in sub. (2). It was proper for the trial court to apply the
general repeater statute to a violator. State v. Gibson, 2000 WI App 207, 238 Wis.
2d 547, 618 N.W.2d 248, 99−2612.
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.
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), 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.
Article I, s. 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 United States and Wisconsin constitutions. State v. Thomas,
2004 WI App 115, 274 Wis. 2d 513, 683 N.W.2d 497, 03−1369.
While 18 U.S.C. s. 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 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
941.235 Carrying firearm in public building. (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.
(2) This section does not apply to 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 subsection, peace
officer does not include a commission warden who is not a state−
certified commission warden.
History: 1979 c. 221; 1991 a. 172; 1993 a. 246; 2001 a. 109; 2007 a. 27.
941.237 Carrying handgun where alcohol beverages
may be sold and consumed. (1) In this section:
(a) “Alcohol beverages” has the meaning given in s. 125.02
(1).
(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.
(c) “Encased” has the meaning given in s. 167.31 (1) (b).
CRIMES — PUBLIC HEALTH AND SAFETY 941.26
3 Updated 07−08 Wis. Stats. Database
Not certified under s. 35.18 (2), stats.
(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
U.S. department of the treasury.
(d) “Handgun” has the meaning given in s. 175.35 (1) (b).
(dm) “Hotel” has the meaning given in s. 254.61 (3).
(dr) Notwithstanding s. 939.22 (22), “peace officer” does not
include a commission warden who is not a state−certified commission
warden.
(e) “Premises” has the meaning given in s. 125.02 (14m), but
excludes any area primarily used as a residence.
(em) “Private security person” has the meaning given in s.
440.26 (1m) (h).
(f) “Target range” means any area where persons are allowed
to use a handgun to fire shots at targets.
(fm) “Tavern” means an establishment, other than a private
club or fraternal organization, in which alcohol beverages are sold
for consumption on the premises.
(g) “Unloaded” means any of the following:
1. Having no shell or cartridge in the chamber of a handgun
or in the magazine attached to a handgun.
2. In the case of a caplock muzzle−loading handgun, having
the cap removed.
3. In the case of a flintlock muzzle−loading handgun, having
the flashpan cleaned of powder.
(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.
(3) Subsection (2) does not apply to any of the following:
(a) A peace officer.
(b) A correctional officer while going armed in the line of duty.
(c) A member of the U.S. armed forces or national guard while
going armed in the line of duty.
(cm) A private security person meeting all of the following criteria:
1. The private security person is covered by a license or permit
issued under s. 440.26.
2. The private security person is going armed in the line of
duty.
3. The private security person is acting with the consent of the
person specified in par. (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.
(e) The possession of a handgun that is unloaded and encased
in a vehicle in any parking lot area.
(f) The possession or use of a handgun at a public or private
gun or sportsmen’s range or club.
(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.
(h) The possession of any handgun that is used for decoration
if the handgun is encased, inoperable or secured in a locked condition.
(i) The possession of a handgun in any portion of a hotel other
than the portion of the hotel that is a tavern.
(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.
(4) The state does not have to negate any exception under sub.
(3). Any party that claims that an exception under sub. (3) is applicable
has the burden of proving the exception by a preponderance
of the evidence.
History: 1993 a. 95, 491; 1995 a. 461; 2007 a. 27.
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.
941.29 Possession of a firearm. (1) A person is subject to
the requirements and penalties of this section if he or she has been:
(a) Convicted of a felony in this state.
(b) Convicted of a crime elsewhere that would be a felony if
committed in this state.
(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.
(c) Found not guilty of a felony in this state by reason of mental
disease or defect.
(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.
(e) Committed for treatment under s. 51.20 (13) (a) and
ordered not to possess a firearm under s. 51.20 (13) (cv).
(f) Enjoined under 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 s. 941.29 and that
has been filed under s. 806.247 (3).
(g) Ordered not to possess a firearm under s. 813.125 (4m).
(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:
(a) The person possesses a firearm subsequent to the conviction
for the felony or other crime, as specified in sub. (1) (a) or (b).
(b) The person possesses a firearm subsequent to the adjudication,
as specified in sub. (1) (bm).
(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. (1) (c) or (d).
(d) The person possesses a firearm while subject to the court
order, as specified in sub. (1) (e) or (g).
(e) The person possesses a firearm while the injunction, as specified
in sub. (1) (f), is in effect.
(3) Any firearm involved in an offense under sub. (2) 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
sub. (2).
(5) This section does not apply to any person specified in sub.
(1) who:
(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
(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.
(1) (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) This section does not apply to a person specified in sub. (1)
(e) if the prohibition under s. 51.20 (13) (cv) 1. has been canceled
under s. 51.20 (13) (cv) 2. or (16) (gm).
(10) The prohibition against firearm possession under this
section does not apply to a person specified in sub. (1) (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.
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.
NOTE: See Chapter 141, laws of 1981, section 2, entitled “Initial applicability.”
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).
Failure to give the warning under s. 973.033 does not prevent a conviction under
this section. State v. Phillips, 172 Wis. 2d 391, 493 N.W.2d 238 (Ct. App. 1992).
Updated 07−08 Wis. Stats. Database 6
941.29 CRIMES — PUBLIC HEALTH AND SAFETY Not certified under s. 35.18 (2), stats.
Electronic reproduction of 2007−08 Wis. Stats. database, updated and current through 2009 Act 39 and August 17, 2009.
Text from the 2007−08 Wis. Stats. database updated by the Legislative Reference Bureau. Only printed statutes are certified
under s. 35.18 (2), stats. Statutory changes effective prior to 9−1−09 are printed as if currently in effect. Statutory changes effective
on or after 9−1−09 are designated by NOTES. Report errors at (608) 266−3561, FAX 264−6948, http://www.legis.
state.wi.us/rsb/stats.html
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).
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.
Sub. (2m) is not in the nature of a penalty enhancer, but defines an additional element
to the crime described in sub. (2). It was proper for the trial court to apply the
general repeater statute to a violator. State v. Gibson, 2000 WI App 207, 238 Wis.
2d 547, 618 N.W.2d 248, 99−2612.
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.
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), 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.
Article I, s. 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 United States and Wisconsin constitutions. State v. Thomas,
2004 WI App 115, 274 Wis. 2d 513, 683 N.W.2d 497, 03−1369.
While 18 U.S.C. s. 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 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