Wisconsin Statutes
Wis. Stat. § 948.61 (2026)
Dangerous weapons other than firearms on school premises
✓ current as of July 2026
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948.61(1)(a)(a) “Dangerous weapon” has the meaning specified in s. 939.22 (10), except “dangerous weapon” does not include any firearm and does include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.
948.61(1)(b)(b) “School” means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.
948.61(1)(c)(c) “School premises” means any school building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration.
948.61(2)(2) Any person who knowingly possesses or goes armed with a dangerous weapon on school premises is guilty of:
948.61(2)(b)(b) A Class I felony, if the violation is the person’s 2nd or subsequent violation of this section within a 5-year period, as measured from the dates the violations occurred.
948.61(3)(b)(b) Engages in military activities, sponsored by the federal or state government, when acting in the discharge of his or her official duties.
948.61(3)(c)(c) Is a law enforcement officer or state-certified commission warden acting in the discharge of his or her official duties.
948.61(3)(d)(d) Participates in a convocation authorized by school authorities in which weapons of collectors or instructors are handled or displayed.
948.61(3)(e)(e) Drives a motor vehicle in which a dangerous weapon is located onto school premises for school-sanctioned purposes or for the purpose of delivering or picking up passengers or property. The weapon may not be removed from the vehicle or be used in any manner.
948.61(3)(f)(f) Possesses or uses a bow and arrow or knife while legally hunting in a school forest if the school board has decided that hunting may be allowed in the school forest under s. 120.13 (38).
948.61(4)(4) A person under 17 years of age who has violated this section 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.
948.61 HistoryHistory: 1987 a. 332; 1991 a. 17; 1993 a. 336; 1995 a. 27, 77; 2001 a. 109; 2005 a. 290; 2007 a. 27; 2009 a. 302.
948.61 AnnotationPellet guns and BB guns are dangerous weapons under this section. State v. Michelle A.D., 181 Wis. 2d 917, 512 N.W.2d 248 (Ct. App. 1994).
Notes of Decisions
Cited in 9
cases (4 in the last 5 years), 1993–2025 · leading case: State v. C. G., 2022 WI 60 (Wis. 2022).
State v. C. G., 2022 WI 60 (Wis. 2022). “" Wis. Stat. § 948.61 (1)(b). Ella is now 22 years old and past her high school years.”
In Interest of Isiah B., 500 N.W.2d 637 (Wis. 1993). “a delinquent child upon findings that he possessed a dangerous weapon on school premises, contrary to sec. 948.61(2), Stats., and that he possessed a controlled substance with intent to deliver, contrary to secs.”
United States v. Robert Leo, Jr., 792 F.3d 742 (7th Cir. 2015). “The government has never responded to Leo’s contention that the Head Start facility is not a “school” under these statutes, nor did the government ever charge Leo with possessing a gun in a school zone in violation of state or federal law.”
In Interest of Michelle AD, 512 N.W.2d 248 (Wis. Ct. App. 1994). “, and later amended to find that she had possessed a dangerous weapon on school premises, contrary to § 948.61, Stats. Michelle raises the following issue for our review: Can an unloaded "BB" air pistol legally qualify as a dangerous weapon under § 948.”
State v. C. G., 2022 WI 60 (Wis. 2022). “" Wis. Stat. § 948.61 (1)(b). Ella is now 22 years old and past her high school years.”
State v. Perez, 2000 WI App 115 (Wis. Ct. App. 2000). “§ 948.61(2), prohibiting the possession of or going armed with dangerous weapons other than firearms on school premises; WIS.”
Evangelista, Wayne v. Flanagan, Krista (W.D. Wis. 2024). “at 341-42; Wis. Stat. § 948.61 (prohibiting unauthorized possession of electronic weapons in schools).”
Dane Cnty. v. Jeramiah Bradley (Wis. Ct. App. 2025). “§ 948.61(1)(b). ¶3 At the beginning of the hearing on Bradley’s dismissal motion, the assistant district attorney agreed with Bradley’s position, saying that she had studied the statutes and concluded that Bradley could not be charged under WIS.”
Davis v. Tegels (E.D. Wis. 2020). “§ 948.61 (1)(a) (2012 through Act 45) (“‘Dangerous weapon’ has the meaning specified in s.”
— Wis. Stat. § 948.61(1)(b) — 1 case
Dane Cnty. v. Jeramiah Bradley (Wis. Ct. App. 2025). “§ 948.61(1)(b). ¶3 At the beginning of the hearing on Bradley’s dismissal motion, the assistant district attorney agreed with Bradley’s position, saying that she had studied the statutes and concluded that Bradley could not be charged under WIS.”
— Wis. Stat. § 948.61(2) — 2 cases
In Interest of Isiah B., 500 N.W.2d 637 (Wis. 1993). “a delinquent child upon findings that he possessed a dangerous weapon on school premises, contrary to sec. 948.61(2), Stats., and that he possessed a controlled substance with intent to deliver, contrary to secs.”
State v. Perez, 2000 WI App 115 (Wis. Ct. App. 2000). “§ 948.61(2), prohibiting the possession of or going armed with dangerous weapons other than firearms on school premises; WIS.”
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