Wis. Stat. § 941.298

Current through Acts 2023-2024, ch. 272
Section 941.298 - Firearm silencers
(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.
(2) Whoever sells, delivers or possesses a firearm silencer is guilty of a Class H felony.
(3) Subsection (2) does not apply to sales or deliveries of firearm silencers to or possession of firearm silencers by any of the following:
(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.
(b) Any armed forces or national guard personnel, while in the line of duty.
(c) Any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872.

Wis. Stat. § 941.298

1991 a. 39; 2001 a. 109; 2007 a. 27.

Silencers 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.