Wisconsin Statutes 948.61 – Dangerous weapons other than firearms on school premises
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class I felony | up to 3 years 6 months | up to $10,000 |
| Class A misdemeanor | up to 9 months | up to $10,000 |
Terms Used In Wisconsin Statutes 948.61
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) In this section:
(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.
(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.
(c) “School premises” means any school building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration.
(2) Any person who knowingly possesses or goes armed with a dangerous weapon on school premises is guilty of:
(a) A Class A misdemeanor.
(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.
(3) This section does not apply to any person who:
(a) Uses a weapon solely for school-sanctioned purposes.
(b) Engages in military activities, sponsored by the federal or state government, when acting in the discharge of his or her official duties.
(c) Is a law enforcement officer or state-certified commission warden acting in the discharge of his or her official duties.
(d) Participates in a convocation authorized by school authorities in which weapons of collectors or instructors are handled or displayed.
(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.
(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).
(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.