Wis. Stat. » CHAPTER 941 — CRIMES AGAINST PUBLIC HEALTH AND SAFETY
Wisconsin Statutes

Wis. Stat. § 941.20 (2026)

Endangering safety by use of dangerous weapon

✓ current as of July 2026
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941.20941.20 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.
941.20(1)(b)(b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant.
941.20(1)(bm)(bm) Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.
941.20(1)(c)(c) Except as provided in sub. (1m), 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 does not include any tent, bus, truck, vehicle or similar portable unit.
941.20(1m)(1m) 
941.20(1m)(a)(a) In this subsection:
941.20(1m)(a)1.1. “Ambulance” has the meaning given in s. 256.01 (1t).
941.20(1m)(a)1t.1t. “Emergency medical responder” has the meaning given in s. 256.01 (4p).
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941.20(1m)(a)2.2. “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).
941.20(1m)(b)(b) Whoever intentionally points a firearm at or towards a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an ambulance driver, or a commission warden who is acting in an official capacity and who the person knows or has reason to know is a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an ambulance driver, or a commission warden is guilty of a Class H felony.
941.20(2)(2) Whoever does any of the following is guilty of a Class G 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 F 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, except for a commission warden who is not a state-certified commission warden.
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)(b)3.3. Paragraph (a) does not apply to designated personnel at a public-use airport, as defined in s. 114.002 (18m), or an airport under the exclusive control of the national guard or U.S. department of defense, for the purposes of nuisance wildlife management and control when authorized by state or federal permits. “Designated personnel” includes any person who is acting within the scope of his or her employment or employer and who is an employee or contractor of the airport or the local government that operates the airport or a federal employee or agent.
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 HistoryHistory: 1977 c. 173; 1987 a. 399; 1989 a. 131; 1993 a. 94, 486; 1997 a. 248, 249; 1999 a. 32; 2001 a. 109; 2003 a. 97, 190; 2007 a. 11, 27, 130; 2015 a. 197 s. 51; 2017 a. 12; 2023 a. 51.
941.20 NoteJudicial 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 AnnotationPointing 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 (1972).
941.20 AnnotationA 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 AnnotationPolice 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).
941.20 AnnotationAlthough intentionally pointing a firearm at another constitutes a violation of this section, under s. 939.48 (1) a person is privileged to point a gun at another person in self-defense if the person reasonably believes that the threat of force is necessary to prevent or terminate what the person reasonably believes to be an unlawful interference. State v. Watkins, 2002 WI 101, 255 Wis. 2d 265, 647 N.W.2d 244, 00-0064.
941.20 AnnotationThe defendant’s as-applied challenge to sub. (1) (b) failed. Sub. (1) (b) did not strike at the core right of the 2nd amendment because the defendant did not act in self-defense. Because sub. (1) (b) did not severely burden the defendant’s 2nd amendment right and was substantially related to the important government objective of protecting public safety, it survived intermediate scrutiny as applied to the defendant. State v. Christen, 2021 WI 39, 396 Wis. 2d 705, 958 N.W.2d 746, 19-1767.
Notes of Decisions
Cited in 53 cases (13 in the last 5 years), 1973–2026 · leading case: State v. Mitchell L. Christen, 2021 WI 39 (Wis. 2021).
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State v. Mitchell L. Christen, 2021 WI 39 (Wis. 2021). · cites it 96× “2019AP1767-CR armed with a firearm while intoxicated, contrary to Wis. Stat. § 941.20 (1)(b) (2017-18).2 ¶2 Christen challenges his conviction arguing that Wis.”
State v. Robert Joseph Stietz, 2017 WI 58 (Wis. 2017). · cites it 33× “63(1)); (4) negligent handling of a weapon ( Wis. Stat. § 941.20 (1); (5) intentionally pointing a firearm at a law-enforcement officer (Warden Frost) ( Wis.”
State v. Watkins, 2002 WI 101 (Wis. 2002). · cites it 5× “By contrast, the State contends that Watkins cannot assert an accident defense because he pointed the gun at Malone, in violation of Wis. Stat. § 941.20 (1)(c), Endangering safety by use of a dangerous weapon.”
State v. Perez, 2001 WI 79 (Wis. 2001). · cites it 8× “The exact same principle is shown in Wis. Stat. § 941.20 , entitled "Endangering Safety by [the] use of dangerous weapon.”
United States v. Rene Jaimes-Jaimes, 406 F.3d 845 (7th Cir. 2005). · cites it 2× “or building,” Wis. Stat. § 941.20 (2)(a), an offense he concedes qualifies as an aggravated felony, see 8 U.”
State v. Hubbard, 2008 WI 92 (Wis. 2008). · cites it 4× “[10] Wis. Stat. § 941.20 (1)(b). [11] Waalen, 130 Wis.”
People v. Saez, 237 Cal. App. 4th 1177 (Cal. Ct. App. 2015). · cites it 2× “(Wis.Stat. § 941.20, subd. (1)(c).) This conviction thus establishes use of a firearm.”
United States v. Tony Hurlburt, 835 F.3d 715 (7th Cir. 2016). “The government argued that another of Hurlburt’s prior convictions — for discharging a firearm into a building or vehicle, see Wis. Stat. § 941.20 — should also count as a crime of violence.”
State v. Denson, 2011 WI 70 (Wis. 2011). · cites it 3× “02 (1) 4 and negligent handling of a dangerous weapon contrary to Wis. Stat. § 941.20 (l)(a). 5 The circuit court entered judgment on the jury verdict.”
State v. Christopher D. Wilson, 2022 WI 77 (Wis. 2022). · cites it 2× “3 Wis. Stat. § 941.20 (1)(b). 4 Wis. Stat. § 450.”
State v. Carrington, 386 N.W.2d 512 (Wis. Ct. App. 1986). · cites it 9× “In Randolph, the supreme court considered whether the offense of reckless use of a weapon, sec. 941.20, Stats., was a lesser included offense of attempted first degree murder, secs.”
State v. Grady, 499 N.W.2d 285 (Wis. Ct. App. 1993). · cites it 6× “Grady appeals his conviction for violating section 941.20(2) (a), Stats, (endangering safety by use of a dangerous weapon), as a party to a crime, see section 939.”
Show all 53 citing cases →
— Wis. Stat. § 941.20(1) — 2 cases
Prahl v. Brosamle, 295 N.W.2d 768 (Wis. Ct. App. 1980).
State v. Carrington, 386 N.W.2d 512 (Wis. Ct. App. 1986). “In Randolph, the supreme court considered whether the offense of reckless use of a weapon, sec. 941.20, Stats., was a lesser included offense of attempted first degree murder, secs.”
— Wis. Stat. § 941.20(1)(a) — 3 cases
State v. Robert Joseph Stietz, 2017 WI 58 (Wis. 2017). “63(1)); (4) negligent handling of a weapon ( Wis. Stat. § 941.20 (1); (5) intentionally pointing a firearm at a law-enforcement officer (Warden Frost) ( Wis.”
State v. William F. Bokenyi, 2014 WI 61 (Wis. 2014).
State v. Martha R. Elsila (Wis. Ct. App. 2025).
— Wis. Stat. § 941.20(1)(b) — 5 cases
State v. Mitchell L. Christen, 2021 WI 39 (Wis. 2021). “2019AP1767-CR armed with a firearm while intoxicated, contrary to Wis. Stat. § 941.20 (1)(b) (2017-18).2 ¶2 Christen challenges his conviction arguing that Wis.”
State v. Bernabe Gonzalez (Wis. Ct. App. 2025).
State v. Mitchell L. Christen (Wis. Ct. App. 2020).
State v. Perez, 2000 WI App 115 (Wis. Ct. App. 2000).
State v. Adams, 926 N.W.2d 507 (Wis. Ct. App. 2019).
— Wis. Stat. § 941.20(1)(c) — 3 cases
State v. Trentadue, 510 N.W.2d 727 (Wis. Ct. App. 1993).
State v. Scott A. Walker (Wis. Ct. App. 2019).
State v. M. P. (Wis. Ct. App. 2024).
— Wis. Stat. § 941.20(1m)(b) — 2 cases
State v. Robert Joseph Stietz, 2017 WI 58 (Wis. 2017). “63(1)); (4) negligent handling of a weapon ( Wis. Stat. § 941.20 (1); (5) intentionally pointing a firearm at a law-enforcement officer (Warden Frost) ( Wis.”
State v. John Dean Pleuss (Wis. Ct. App. 2022).
— Wis. Stat. § 941.20(2) — 1 case
State v. Grady, 499 N.W.2d 285 (Wis. Ct. App. 1993). “Grady appeals his conviction for violating section 941.20(2) (a), Stats, (endangering safety by use of a dangerous weapon), as a party to a crime, see section 939.”
— Wis. Stat. § 941.20(2)(a) — 5 cases
State v. Grady, 499 N.W.2d 285 (Wis. Ct. App. 1993). “Grady appeals his conviction for violating section 941.20(2) (a), Stats, (endangering safety by use of a dangerous weapon), as a party to a crime, see section 939.”
State v. Boyd, 2000 WI App 208 (Wis. Ct. App. 2000).
State v. McGinnis, 927 N.W.2d 922 (Wis. Ct. App. 2019).
State v. Donnavan Kenneth Mitchell (Wis. Ct. App. 2023).
State v. M. P. (Wis. Ct. App. 2024).
— Wis. Stat. § 941.20(3) — 1 case
State v. Block, 587 N.W.2d 914 (Wis. Ct. App. 1998).
— Wis. Stat. § 941.20(3)(a) — 1 case
State v. Garry Lee Hughes (Wis. Ct. App. 2026).
— Wis. Stat. § 941.20(l)(a) — 5 cases
State v. Robert Joseph Stietz, 2017 WI 58 (Wis. 2017). “63(1)); (4) negligent handling of a weapon ( Wis. Stat. § 941.20 (1); (5) intentionally pointing a firearm at a law-enforcement officer (Warden Frost) ( Wis.”
State v. Carrington, 386 N.W.2d 512 (Wis. Ct. App. 1986). “In Randolph, the supreme court considered whether the offense of reckless use of a weapon, sec. 941.20, Stats., was a lesser included offense of attempted first degree murder, secs.”
Kustelski v. Taylor, 2003 WI App 194 (Wis. Ct. App. 2003).
State v. William F. Bokenyi, 2014 WI 61 (Wis. 2014).
State v. Manke, 602 N.W.2d 139 (Wis. Ct. App. 1999).
— Wis. Stat. § 941.20(l)(b) — 2 cases
State v. Martinez, 440 N.W.2d 783 (Wis. 1989).
State v. Perez, 2000 WI App 115 (Wis. Ct. App. 2000).
— Wis. Stat. § 941.20(l)(c) — 2 cases
State v. Trentadue, 510 N.W.2d 727 (Wis. Ct. App. 1993).
State v. Anderson, 404 N.W.2d 100 (Wis. Ct. App. 1987).
— Wis. Stat. § 941.20(l)(d) — 1 case
Kuntz v. McCaughtry, 806 F. Supp. 1373 (E.D. Wis. 1992).
— Wis. Stat. § 941.20(lm)(b) — 1 case
State v. Robert Joseph Stietz, 2017 WI 58 (Wis. 2017). “63(1)); (4) negligent handling of a weapon ( Wis. Stat. § 941.20 (1); (5) intentionally pointing a firearm at a law-enforcement officer (Warden Frost) ( Wis.”
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