WI knife law??

Took me awhile to find this one. Here is where I got it:
http://www.lawsource.com/also/usa.cgi?wi

Read for yourself, but it appears to be illegal to carry a dagerous weapon concealed. What exactly is a dangerous weapon? What may be one to you may not be one to me. I couldn't find anything about blade length, but that doesn't mean its not there.


941.24 Possession of switchblade knife.
941.24(1)
(1) Whoever manufactures, sells or offers to sell, transports, purchases, possesses or goes armed with any knife having a blade which opens by pressing a button, spring or other device in the handle or by gravity or by a thrust or movement is guilty of a Class A misdemeanor

941.20 Endangering safety by use of dangerous weapon.
941.20(1)
(1) Whoever does any of the following is guilty of a Class A misdemeanor:

941.20(1)(a)
(a) Endangers another's safety by the negligent operation or handling of a dangerous weapon; or

941.20(1)(b)
(b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant; or

941.20(1)(c)
(c) Intentionally points a firearm at or toward another.

941.20(1)(d)
(d) While on the lands of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. "Building" as used in this paragraph includes any house trailer or mobile home but does not include any tent, bus, truck, vehicle or similar portable unit.

941.20(2)
(2) Whoever does any of the following is guilty of a Class E felony:

941.20(2)(a)
(a) Intentionally discharges a firearm into a vehicle or building under circumstances in which he or she should realize there might be a human being present therein; or

941.20(2)(b)
(b) Sets a spring gun.

941.20(3)
(3)
941.20(3)(a)
(a) Whoever intentionally discharges a firearm from a vehicle while on a highway, as defined in s. 340.01 (22), or on a vehicle parking lot that is open to the public under any of the following circumstances is guilty of a Class C felony:

941.20(3)(a)1.
1. The person discharges the firearm at or toward another.

941.20(3)(a)2.
2. The person discharges the firearm at or toward any building or other vehicle.

941.20(3)(b)
(b)
941.20(3)(b)1.
1. Paragraph (a) does not apply to any of the following who, in the line of duty, discharges a firearm from a vehicle:

941.20(3)(b)1.a.
a. A peace officer.

941.20(3)(b)1.b.
b. A member of the U.S. armed forces.

941.20(3)(b)1.c.
c. A member of the national guard.

941.20(3)(b)2.
2. Paragraph (a) does not apply to the holder of a permit under s. 29.193 (2) who is hunting from a standing motor vehicle, as defined in s. 29.001 (57), in accordance with s. 29.193 (2) (cr) 2.

941.20(3)(c)
(c) The state does not have to negate any exception under par. (b). Any party that claims that an exception under par. (b) is applicable has the burden of proving the exception by a preponderance of the evidence.

941.20(3)(d)
(d) The driver of the vehicle may be charged and convicted for a violation of par. (a) according to the criteria under s. 939.05.

941.20(3)(e)
(e) A person under par. (a) has a defense of privilege of self-defense or defense of others in accordance with s. 939.48.

941.20 - ANNOT.
History: 1977 c. 173; 1987 a. 399; 1989 a. 131; 1993 a. 94, 486; 1997 a. 248, 249; 1999 a. 32.

941.20 - ANNOT.
Judicial Council Note, 1988: The mental element of the offense under sub. (1) (a) is changed from reckless conduct to criminal negligence. See s. 939.25. If the defendant acts recklessly, the conduct is prohibited by s. 941.30. [Bill 191-S]

941.20 - ANNOT.
Pointing a firearm is not a lesser included offense of armed robbery and a defendant can be convicted of both. State v. Smith, 55 Wis. 2d 304, 198 N.W. 2d 630.

941.20 - ANNOT.
A jury instruction that shooting "into" a building under sub. (2) (a) occurs when a bullet penetrates the building however slightly, conformed with common usage of the word and was not improper. State v. Grady, 175 Wis. 2d 553, 499 N.W. 2d 285 (Ct. App. 1993).

941.20 - ANNOT.
Police officers do not have an absolute right to point their weapons, but privilege may be asserted as an affirmative defense. State v. Trentadue, 180 Wis. 2d 670, 510 N.W. 2d 727 (Ct. App. 1993).

941.21
941.21 Disarming a peace officer. Whoever intentionally disarms a peace officer who is acting in his or her official capacity by taking a dangerous weapon or a device or container described under s. 941.26 (1) (b) or (4) (a) from the officer without his or her consent is guilty of a Class E felony. This section applies to any dangerous weapon or any device or container described under s. 941.26 (1) (b) or (4) (a) that the officer is carrying or that is in an area within the officer's immediate presence.

941.21 - ANNOT.

941.23 Carrying concealed weapon. Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.
941.23 - ANNOT.
History: 1977 c. 173; 1979 c. 115, 221.

941.23 - ANNOT.
The burden is on the defendant to prove that he is a peace officer so as to come within the exception. State v. Williamson, 58 Wis. 2d 514, 206 N.W. 2d 613.

941.23 - ANNOT.
Totality of circumstances justified search for concealed weapon. Penister v. State, 74 Wis. 2d 94, 246 N.W. 2d 115.

941.23 - ANNOT.
A defendant was properly convicted under this section for driving a vehicle with a gun locked in a glove compartment. State v. Fry, 131 Wis. 2d 153, 388 N.W. 2d 565 (1986).

941.23 - ANNOT.
To "go armed" does not require going anywhere. The elements for a violation of s. 941.23 are: (1) a dangerous weapon is on the defendant's person or within reach; (2) the defendant is aware of the weapon's presence; and (3) the weapon is hidden. State v. Keith, 175 Wis. 2d 75, 498 N.W. 2d 865 (Ct. App. 1993).

941.23 - ANNOT.
A handgun on the seat of a car, indiscernible from ordinary observation by a person outside and within the immediate vicinity of the vehicle, was hidden from view for purposes of determining whether the gun was a concealed weapon under this section. State v. Walls, 190 Wis. 2d 65, 526 N.W. 2d 765 (Ct. App. 1994).

941.23 - ANNOT.
There is no statutory or common law privilege for the crime of carrying a concealed weapon under s. 941.23. State Dundon, 226 Wis. 2d 654, 594 N.W.2d 780 (1999).

941.23 - ANNOT.
Judges are not peace officers authorized to carry concealed weapons. 69 Atty. Gen. 66



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Dennis Bible
 
Thanks a lot Shootist for finding that out. Just as all other Knife laws, its cloudy.
frown.gif


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Dave

Some of my knives - http://albums.photopoint.com/j/AlbumIndex?u=950012&a=7073911
 
After reading the WI statutes and conversations with the Kenosha County Sherrifs Department it appears that in WI intent is the deciding factor, not blade length in a fixed or folder excluding automatics which possesion of is a misdemeaner. If you state that the knife you are carrying is for self-defence than you are gulity of carrying a concealed weapon. If you state that the knife is a tool for whatever you do, than it is OK and I assume use for hunting constitutes a tool also.
Automatics include knives that open with a thrust and can be construed to mean knives like the Emerson Commander. The only bright side is that it is considerd a misdemeaner and the knife must be surrended to the local law enforcement authority.(Carry a cheap Auto!)
 
David
Yes I live in Wis. I also have a large KFF folder but find its weight to be prohibative for carry purposes. Most of the time I carry a CRKT Urban Shark with shorts or an Emerson Commander with jeans. Both are tools. In any event the concealed weapon is a felony while the assisted opening by thrust is a misdemeaner. You want to avoid the felony!
 
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