Wisconsin Statutes

Wis. Stat. § 941.298 (2026)

Firearm silencers

✓ current as of July 2026

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941.298941.298 Firearm silencers.

941.298(1)(1) In this section, “firearm silencer” means any device for silencing, muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating such a device, and any part intended only for use in that assembly or fabrication.

941.298(2)(2) Whoever sells, delivers or possesses a firearm silencer is guilty of a Class H felony.

941.298(3)(3) Subsection (2) does not apply to sales or deliveries of firearm silencers to or possession of firearm silencers by any of the following:

941.298(3)(a)(a) Any peace officer who is acting in compliance with the written policies of the officer’s department or agency. This paragraph does not apply to any officer whose department or agency does not have such a policy. Notwithstanding s. 939.22 (22), this paragraph does not apply to a commission warden.

941.298(3)(b)(b) Any armed forces or national guard personnel, while in the line of duty.

941.298(3)(c)(c) Any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872.

941.298 HistoryHistory: 1991 a. 39; 2001 a. 109; 2007 a. 27.

941.298 AnnotationSilencers are not “arms” for the purposes of the 2nd amendment. The prohibition on possession of a silencer under this section does not impose a burden on conduct falling within the scope of the 2nd amendment’s guarantee and therefore is not unconstitutional. State v. Barrett, 2020 WI App 13, 391 Wis. 2d 283, 941 N.W.2d 866, 18-2324.

Notes of Decisions

Cited in 3 cases, 2001–2020 · leading case: United States v. John W. Rogers, 270 F.3d 1076 (7th Cir. 2001).

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United States v. John W. Rogers, 270 F.3d 1076 (7th Cir. 2001). “See Wis. Stat. § 941.298 (3)(e).) Or Rogers could have complied with both state and federal laws by refraining from making or possessing a silencer in Illinois.”

State v. Thomas Michael Barrett, 2020 WI App 13 (Wis. Ct. App. 2020). · cites it 18× “§ 941.298, the statute generally prohibiting the possession of firearm silencers, was facially unconstitutional.”

State v. Jackowski, 2001 WI App 187 (Wis. Ct. App. 2001). · cites it 2× “28 (2) (1999-2000), 2 and three counts of possessing a firearm silencer in violation of Wis. Stat. § 941.298 (2). *435 ¶ 6. Jackowski moved to suppress the evidence seized in the execution of the criminal search warrant.”

— Wis. Stat. § 941.298(2) — 1 case

State v. Thomas Michael Barrett, 2020 WI App 13 (Wis. Ct. App. 2020). “§ 941.298, the statute generally prohibiting the possession of firearm silencers, was facially unconstitutional.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.