Wisconsin Statutes
Wis. Stat. § 941.28 (2026)
Possession of short-barreled shotgun or short-barreled rifle
✓ current as of July 2026
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941.28(1)(a)(a) “Rifle” means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of a propellant in a metallic cartridge to fire through a rifled barrel a single projectile for each pull of the trigger.
941.28(1)(b)(b) “Short-barreled rifle” means a rifle having one or more barrels having a length of less than 16 inches measured from closed breech or bolt face to muzzle or a rifle having an overall length of less than 26 inches.
941.28(1)(c)(c) “Short-barreled shotgun” means a shotgun having one or more barrels having a length of less than 18 inches measured from closed breech or bolt face to muzzle or a shotgun having an overall length of less than 26 inches.
941.28(1)(d)(d) “Shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of a propellant in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
941.28(2)(2) No person may sell or offer to sell, transport, purchase, possess or go armed with a short-barreled shotgun or short-barreled rifle.
941.28(4)(4) This section does not apply to the sale, purchase, possession, use or transportation of a short-barreled shotgun or short-barreled rifle to or by any armed forces or national guard personnel in line of duty, any peace officer of the United States or of any political subdivision of the United States or any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872. This section does not apply to the manufacture of short-barreled shotguns or short-barreled rifles for any person or group authorized to possess these weapons. The restriction on transportation contained in this section does not apply to common carriers. This section shall not apply to any firearm that may be lawfully possessed under federal law, or any firearm that could have been lawfully registered at the time of the enactment of the national firearms act of 1968.
941.28(5)(5) Any firearm seized under this section is subject to s. 968.20 (3) and is presumed to be contraband.
941.28 AnnotationThe intent in sub. (1) (d) is that of the fabricator; that the gun is incapable of being fired or not intended to be fired by the possessor is immaterial. State v. Johnson, 171 Wis. 2d 175, 491 N.W.2d 110 (Ct. App. 1992).
941.28 Annotation“Firearm” means a weapon that acts by force of gunpowder to fire a projectile, regardless of whether it is inoperable due to disassembly. State v. Rardon, 185 Wis. 2d 701, 518 N.W.2d 330 (Ct. App. 1994).
Notes of Decisions
Cited in 22
cases, 1987–2016 · leading case: State v. Johnson, 491 N.W.2d 110 (Wis. Ct. App. 1992).
State v. Johnson, 491 N.W.2d 110 (Wis. Ct. App. 1992). “Johnson appeals his bench-trial conviction of possession of a short-barreled shotgun in violation of section 941.28, Stats. 1 "Shotgun" is defined by the statute as: *178 Section 941.”
State v. Courtney C. Beamon, 2013 WI 47 (Wis. 2013). “04 (3), possession of a short-barreled shotgun contrary to Wis. Stat. § 941.28 (2), resisting an officer contrary to Wis.”
State v. Murdock, 455 N.W.2d 618 (Wis. 1990). “Murdock was charged with the felony of possessing a short-barreled rifle in violation of sec. 941.28, Stats. [2] *224 Murdock did not challenge the lawfulness of his arrest on the three arrest warrants.”
United States v. Darryl Rollins, 836 F.3d 737 (7th Cir. 2016). “Rollins also has a prior conviction for possession of a sawed-off shotgun, see Wis. Stat. § 941.28 , and application note 1 to § 4B1.”
United States v. Carl Miller, 721 F.3d 435 (7th Cir. 2013). “To determine whether a conviction fits within the residual clause, we apply a categorical approach by examining the offense’s statutory elements as opposed to a defendant’s actual conduct. See United States v. Fife, 624 F.”
United States v. Warren J. Brazeau, 237 F.3d 842 (7th Cir. 2001). “Background In 1994, Warren Brazeau sold a confidential informant a short-barreled shotgun in violation of Wis. Stat. § 941.28 (2), and for this offense he was indicted in state court.”
State v. Anderson, 416 N.W.2d 276 (Wis. 1987). “Anderson was found guilty by a jury and convicted of possession of a short-barreled shotgun, sec. 941.28, Stats., possession of a firearm by a felon, sec.”
State v. Boyd, 2011 WI App 25 (Wis. Ct. App. 2011). “62; unlawfully possessing a short-barreled shotgun as an habitual criminal, see Wis. Stat. §§ 941.28 (2), 939.62; driving someone else's car without the owner's consent as an habitual criminal, see Wis.”
State v. McAllister, 451 N.W.2d 764 (Wis. Ct. App. 1989). “[1] McAllister was also convicted of possession of a short-barreled shotgun, contrary to sec. 941.28, Stats. Conviction of a felony is not an element of the crime described in sec.”
State v. Jackowski, 2001 WI App 187 (Wis. Ct. App. 2001). “The State subsequently charged Jackowski with two counts of possessing a short-barreled rifle in violation of Wis. Stat. § 941.28 (2) (1999-2000), 2 and three counts of possessing a firearm silencer in violation of Wis.”
State v. DeLao, 2001 WI App 132 (Wis. Ct. App. 2001). “47(l)(b); two counts of possession of a short-barreled shotgun, contrary to Wis. Stat. § 941.28 (2); and possession of drug paraphernalia, contrary to Wis.”
State v. Murdock, 445 N.W.2d 319 (Wis. Ct. App. 1989). “" Murdock was charged with the felony of possessing a short-barreled rifle in violation of sec. 941.28, Stats. Although not challenging the lawfulness of his arrest, Murdock filed a motion to suppress the rifle.”
— Wis. Stat. § 941.28(1)(d) — 1 case
State v. Johnson, 491 N.W.2d 110 (Wis. Ct. App. 1992). “Johnson appeals his bench-trial conviction of possession of a short-barreled shotgun in violation of section 941.28, Stats. 1 "Shotgun" is defined by the statute as: *178 Section 941.”
— Wis. Stat. § 941.28(2) — 3 cases
State v. Johnson, 491 N.W.2d 110 (Wis. Ct. App. 1992). “Johnson appeals his bench-trial conviction of possession of a short-barreled shotgun in violation of section 941.28, Stats. 1 "Shotgun" is defined by the statute as: *178 Section 941.”
State v. Stankus, 582 N.W.2d 468 (Wis. Ct. App. 1998).
State v. Perez, 2000 WI App 115 (Wis. Ct. App. 2000).
— Wis. Stat. § 941.28(4) — 1 case
State v. Johnson, 491 N.W.2d 110 (Wis. Ct. App. 1992). “Johnson appeals his bench-trial conviction of possession of a short-barreled shotgun in violation of section 941.28, Stats. 1 "Shotgun" is defined by the statute as: *178 Section 941.”
— Wis. Stat. § 941.28(l)(c) — 2 cases
State v. Johnson, 491 N.W.2d 110 (Wis. Ct. App. 1992). “Johnson appeals his bench-trial conviction of possession of a short-barreled shotgun in violation of section 941.28, Stats. 1 "Shotgun" is defined by the statute as: *178 Section 941.”
State v. Pounds, 500 N.W.2d 373 (Wis. Ct. App. 1993).
— Wis. Stat. § 941.28(l)(d) — 1 case
State v. Johnson, 491 N.W.2d 110 (Wis. Ct. App. 1992). “Johnson appeals his bench-trial conviction of possession of a short-barreled shotgun in violation of section 941.28, Stats. 1 "Shotgun" is defined by the statute as: *178 Section 941.”
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