This post is a catch all for a lot of FR’s.
Read the laws:
948.60 Possession of a dangerous weapon by a person under 18.
(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.
(2)
(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.
https://docs.legis.wisconsin.gov/statutes/statutes/948/60
Class A misdemeanors, the most serious misdemeanor crimes in Wisconsin, are punishable by up to 9 months in jail, a fine of up to $10,000, or both jail and a fine.
https://www.criminaldefenselawyer.com/resources/wisconsin-misdemeanor-crimes-class-and-sentences.htm
2) Provocation affects the privilege of self-defense as follows:
(a) A person who engages in unlawful conduct of a type likely to provoke others to attack him or her and thereby does provoke an attack is not entitled to claim the privilege of self-defense against such attack
https://docs.legis.wisconsin.gov/statutes/statutes/939/iii/48
Wisconsin does not have a stand your ground law. The state’s case law allows juries to consider a failure to retreat when evaluating the necessity of a person’s use of force in public.
Wisconsin does, however, allow for the use of deadly force without a duty to retreat in defense of an occupied vehicle or business.
He went to a place he knew was going to be a problem. He brandished a weapon he illegally obtained, and by having it caused a person to be provoked and challenge him and he ultimately shot and killed him. He had no business trying to be a vigilante, he had no business carrying the gun he knew was illegal to obtain, he shot an unarmed person that he didn’t even have to meet who was stupid enough to challenge the use of the gun, unarmed.
I’m, not going to do everyone’s research on court decisions concerning Wisconsin law. I don’t write the laws, I find them when they pertain and voice an opinion on this board if I see something that interests me. Take it for what it is or ignore it. So long.
Wy69
From your link: The section only applies to a person under 18 years of age with an illegally shortened rifle or shotgun (941.28), or is engaged in hunting without a license (29.304), or engaged in hunting without sufficient certifications for the license they possess (29.593).
948.60 Possession of a dangerous weapon by a person under 18.
[...]
(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.
I thought that the Wisconsin Supreme Court some time back ruled that possessing a gun was not "disorderly conduct". How could such conduct constitute provocation?
there is no law against brandishing a weapon in wisconsin..and in other states what he did was not brandishing nor illegal.are you going to stand there and let someone take your weapon away from you or shoot you or hit you in the head with a skate board and not defend yourself? i think you are on the wrong forum...remind me not to go in public with you..i think you would just stand there while a mob attacked me.