State Codes and Statutes

Statutes > Wisconsin > 948 > 948.61

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 - ANNOT.

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 - ANNOT.

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