Wisconsin Statute 941.20 criminalizes several forms of dangerous weapon misuse, from negligently handling a weapon to intentionally firing a gun from a vehicle on a public road. The offenses sort into four penalty tiers, with maximums ranging from nine months in jail for a Class A misdemeanor to twelve years and six months in prison for a Class F felony.1Wisconsin State Legislature. Wisconsin Statutes 941.20 – Endangering Safety by Use of Dangerous Weapon Only the negligent-handling subsection reaches weapons other than firearms; every other provision in the statute applies to firearms only.
Offenses and Penalties at a Glance
- Negligently handling any dangerous weapon in a way that endangers another’s safety — Class A misdemeanor (§ 941.20(1)(a)).
- Going armed with a firearm while under the influence of an intoxicant — Class A misdemeanor (§ 941.20(1)(b)).
- Going armed with a firearm while any detectable amount of a restricted controlled substance is in your blood — Class A misdemeanor (§ 941.20(1)(bm)).
- Intentionally pointing a firearm at or toward another person — Class A misdemeanor (§ 941.20(1)(c)).
- Discharging a firearm within 100 yards of a building devoted to human occupancy on another person’s land, without the owner’s or occupant’s permission — Class A misdemeanor (§ 941.20(1)(d)).
- Intentionally pointing a firearm at a law enforcement officer, firefighter, emergency medical responder, ambulance driver, or conservation warden acting in an official capacity — Class H felony (§ 941.20(1m)(b)).
- Intentionally discharging a firearm into a building or vehicle under circumstances where a person might be inside, or setting a spring gun — Class G felony (§ 941.20(2)(a)).
- Intentionally discharging a firearm from a vehicle on a highway or public parking lot at a person, building, or another vehicle — Class F felony (§ 941.20(3)(a)).
Under Wisconsin’s general classification statutes, the maximums are: Class A misdemeanor, up to a $10,000 fine and nine months in jail;2Wisconsin State Legislature. Wisconsin Code 939.51 – Classification of Misdemeanors Class H felony, up to a $10,000 fine and six years in prison; Class G felony, up to a $25,000 fine and ten years in prison;3Wisconsin State Legislature. Wisconsin Code 939.50(3)(g) – Classification of Felonies and Class F felony, up to a $25,000 fine and twelve years and six months in prison.
The Misdemeanor Subsections
Negligent Handling of a Dangerous Weapon
Section 941.20(1)(a) applies whenever someone endangers another person’s safety by negligently operating or handling a dangerous weapon. “Negligent” here means conduct that creates an unreasonable and substantial risk of death or serious injury and represents a clear departure from how a reasonable person would act. This is the one subsection that reaches beyond firearms: Wisconsin’s definition of “dangerous weapon” includes firearms (loaded or unloaded), electric weapons, ligatures used to restrict breathing or blood flow, devices designed as weapons capable of producing great bodily harm, and any other device likely to produce death or serious injury given how it is used.4Wisconsin State Legislature. Wisconsin Code 939.22(10) – Dangerous Weapon Definition
Firearms and Impairment
Two separate provisions address armed persons who are impaired or test positive for drugs. Section 941.20(1)(b) prohibits going armed with a firearm while under the influence of an intoxicant. The statute sets no specific blood-alcohol threshold; the state only has to show the person was under the influence while armed.
Section 941.20(1)(bm) is stricter. It prohibits carrying or operating a firearm with any detectable amount of a restricted controlled substance in the blood. No impairment is required. The statute does give an affirmative defense if the substance is methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol: the defendant can avoid conviction by proving a valid prescription for that substance by a preponderance of the evidence.
Pointing a Firearm
Intentionally pointing a firearm at or toward another person is a Class A misdemeanor under § 941.20(1)(c). The firearm does not need to be loaded, and no shot needs to be fired. Deliberately directing it at a person is the offense.
Shooting Near an Occupied Building
Section 941.20(1)(d) makes it a Class A misdemeanor to discharge a firearm within 100 yards of any building devoted to human occupancy when the shooter is on someone else’s land and lacks the owner’s or occupant’s express permission. The 100-yard buffer applies even when no one is actually inside. The statute explicitly excludes tents, buses, trucks, vehicles, and similar portable units from the definition of “building” for this subsection.
Pointing a Firearm at a First Responder
The penalty jumps a full tier when the person at the end of the barrel is on duty. Under § 941.20(1m)(b), intentionally pointing a firearm at a law enforcement officer, firefighter, emergency medical services practitioner, emergency medical responder, ambulance driver, or conservation warden acting in an official capacity is a Class H felony, provided the defendant knows or has reason to know the target’s role.
Firing Into a Building or Vehicle, and Spring Guns
Section 941.20(2)(a) raises the stakes further. Intentionally discharging a firearm into a building or vehicle under circumstances where the shooter should realize a person might be present is a Class G felony. The state does not have to prove the shooter actually knew someone was inside; the question is whether a reasonable person would have realized the possibility. The same Class G felony covers setting a spring gun, which is a firearm rigged to fire automatically when triggered by a tripwire or similar mechanism.
Discharging a Firearm From a Vehicle
The most severe tier is § 941.20(3)(a): intentionally discharging a firearm from a vehicle while on a highway or public parking lot, at or toward a person, building, or another vehicle. This is a Class F felony.
The subsection has narrow exceptions. Peace officers, members of the U.S. armed forces, and National Guard members acting in the line of duty are exempt, as is a person with a disabled-hunter permit lawfully hunting from a standing motor vehicle. Anyone claiming one of these exceptions must prove it by a preponderance of the evidence. Self-defense remains available under Wisconsin’s general self-defense privilege at § 939.48.
Consequences After a Felony Conviction
Any felony conviction under 941.20 is treated as a “violent felony” that restricts future firearm possession under Wisconsin’s felon-in-possession law, § 941.29. Federal law separately bars anyone convicted of a felony from possessing firearms or ammunition, and Wisconsin courts have upheld the state ban as constitutional even for nonviolent felons. In practical terms, a Class H, G, or F conviction under this statute almost always ends gun ownership for life.
Felony sentences also carry a period of extended supervision after release from prison. Conditions during that period can include curfews, mandatory substance-abuse treatment, GPS monitoring, and regular check-ins with a probation agent. Violating a condition can send a person back to prison for the remaining term.