Wisconsin Statutes
Wis. Stat. § 948.60 (2026)
Possession of a dangerous weapon by a person under 18
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948.60(1)(1) In this section, “dangerous weapon” means any firearm, loaded or unloaded; any electric weapon, as defined in s. 941.295 (1c) (a); metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed star-like object intended to injure a person when thrown; or a manrikigusari or similar length of chain having weighted ends.
948.60(2)(a)(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.
948.60(2)(b)(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony.
948.60(2)(c)(c) Whoever violates par. (b) is guilty of a Class H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.
948.60(2)(d)(d) A person under 17 years of age who has violated this subsection 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.
948.60(3)(a)(a) This section does not apply to a person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult’s supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult’s supervision.
948.60(3)(b)(b) This section does not apply to a person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a person under 18 years of age in the line of duty.
948.60(3)(c)(c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593. This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of s. 941.28.
948.60 HistoryHistory: 1987 a. 332; 1991 a. 18, 139; 1993 a. 98; 1995 a. 27, 77; 1997 a. 248; 2001 a. 109; 2005 a. 163; 2011 a. 35.
948.60 AnnotationSub. (2) (b) does not set a standard for civil liability, and a violation of sub. (2) (b) does not constitute negligence per se. Logarta v. Gustafson, 998 F. Supp. 998 (1998).
Notes of Decisions
Cited in 18
cases (7 in the last 5 years), 1990–2026 · leading case: State v. Kelsey C.R., 2001 WI 54, 626 N.W.2d 777.
State v. Kelsey C.R., 2001 WI 54, 626 N.W.2d 777. “The State petitioned for a determination that Kelsey was delinquent based on the possession of a dangerous weapon by a person under 18, in violation of Wis. Stat. § 948.60 (1997-98). [3] Kelsey moved to suppress the evidence found during the pat-down search, claiming that the…”
State v. X.S., 2022 WI 49, 976 N.W.2d 425. “63(1)(b) (2019-20),2 and one count of illegal possession of a dangerous weapon by a person under 18 years of age, contrary to Wis. Stat. § 948.60 (2)(a). The State sought to have X.”
In Interest of Peter B., 516 N.W.2d 746 (Wis. Ct. App. 1994). “, at that time thirteen and one-half years old, was adjudicated delinquent for possession of a dangerous weapon by a child, in violation *61 of § 948.60(2), STATS. [1] The juvenile court ordered a period of probation supervision that included placement in a residential treatment…”
State v. Williams, 2000 WI 78, 613 N.W.2d 132. “*297 § 948.60 (2)(a), was punishable by a maximum of nine months of imprisonment.”
State v. Michael S., 2005 WI 82, 698 N.W.2d 673. “[1] Michael was found delinquent for a weapons violation under Wis. Stat. § 948.60 (2)(a) (2001-02). All further statutory references are to the 2001-02 version unless otherwise noted.”
State v. Cortez Lorenzo Toliver, 2014 WI 85, 851 N.W.2d 251. “The complaint also charged Toliver with possession of a dangerous weapon by a person under 18 years of age contrary to Wis. Stat. §§ 948.60 (2)(a) and 939.51(3)(a).”
Rocky Mountain Gun Owners v. Polis, 121 F.4th 96 (10th Cir. 2024). “2-309); and Wisconsin ( Wis. Stat. § 948.60 (2)(b)). 48 Appellate Case: 23-1251 Document: 193-1 Date Filed: 11/05/2024 Page: 49 Such a minimum age requirement for firearm sales and purchases is nondiscretionary because it sets a narrow, objective, and definite standard that…”
Logarta v. Gustafson, 998 F. Supp. 998 (E.D. Wis. 1998). “22, a predecessor to the current § 948.60. Section 941.22 was repealed when § 948.”
Maloney v. Singas, 351 F. Supp. 3d 222 (E.D.N.Y. 2018). “§ 159:24 (banning "sell[ing], deliver[ing], or otherwise transfer[ing] any martial arts weapon," including nunchaku, "to a person under the age of 18 without first obtaining the written consent of such person's parent or guardian"); Wis. Stat. Ann. § 948.60 (banning possession…”
In Interest of James P., 510 N.W.2d 730 (Wis. Ct. App. 1993). “Upon James' guilty plea to a charge of possession of a dangerous weapon by a child, contrary to sec. 948.60(2), Stats., the children's court entered a finding of guilt and adjudicated him a delinquent child.”
In Interest of Jason B., 500 N.W.2d 384 (Wis. Ct. App. 1993). “1 The State had also charged him with possession of a dangerous weapon, sec. 948.60, Stats. That charge was subsequently dismissed.”
C.G. v. State, 453 N.W.2d 494 (Wis. Ct. App. 1990). “The law on this subject is now found at sec. 948.60(2), Stats. (1987-88), which provides, as material here: Any child who possesses or goes armed with a dangerous weapon or any person who intentionally sells, loans or gives a dangerous weapon to a child is guilty of a Class A…”
Wis. Stat. § 948.60(2): 4 cases
In Interest of Peter B., 516 N.W.2d 746 (Wis. Ct. App. 1994). “, at that time thirteen and one-half years old, was adjudicated delinquent for possession of a dangerous weapon by a child, in violation *61 of § 948.60(2), STATS. [1] The juvenile court ordered a period of probation supervision that included placement in a residential treatment…”
In Interest of James P., 510 N.W.2d 730 (Wis. Ct. App. 1993). “Upon James' guilty plea to a charge of possession of a dangerous weapon by a child, contrary to sec. 948.60(2), Stats., the children's court entered a finding of guilt and adjudicated him a delinquent child.”
C.G. v. State, 453 N.W.2d 494 (Wis. Ct. App. 1990). “The law on this subject is now found at sec. 948.60(2), Stats. (1987-88), which provides, as material here: Any child who possesses or goes armed with a dangerous weapon or any person who intentionally sells, loans or gives a dangerous weapon to a child is guilty of a Class A…”
In Interest of Cg, 453 N.W.2d 494 (Wis. Ct. App. 1990).
Wis. Stat. § 948.60(2)(a): 4 cases
State v. Williams, 2000 WI 78, 613 N.W.2d 132. “*297 § 948.60 (2)(a), was punishable by a maximum of nine months of imprisonment.”
State v. M. P., 10 N.W.3d 616 (Wis. Ct. App. 2024).
State v. J. C., 11 N.W.3d 457 (Wis. Ct. App. 2024).
State v. A. A., 31 N.W.3d 160 (Wis. Ct. App. 2025).
Wis. Stat. § 948.60(b): 1 case
Logarta v. Gustafson, 998 F. Supp. 998 (E.D. Wis. 1998). “22, a predecessor to the current § 948.60. Section 941.22 was repealed when § 948.”
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