WI · jury_instructions
Wis JI-Criminal 1343
Possession of a Firearm [by an adult convicted of a felony] - s.941.29(1m)
Statutory Definition of the Crime
Section 941.29(1m) of the Criminal Code of Wisconsin is violated by a person who
possesses a firearm if that person has been convicted of a felony.2
State’s Burden of Proof
Before you may find the defendant guilty of this offense, the State must prove by
evidence which satisfies you beyond a reasonable doubt that the following two elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant possessed a firearm.
“Firearm” means a weapon which acts by the force of gunpowder.3
[It is not necessary that the firearm was loaded or capable of being fired.]4
“Possess” means that the defendant knowingly5 had actual physical control of
a firearm.6
Deciding About Knowledge7
You cannot look into a person’s mind to find knowledge. Knowledge must be found,
if found at all, from the defendant’s acts, words, and statements, if any, and from all the
facts and circumstances in this case bearing upon knowledge.
ADD THE FOLLOWING PARAGRAPHS THAT ARE SUPPORTED BY THE
EVIDENCE.
[An item is (also) in a person’s possession if it is in an area over which the
person has control and the person intends to exercise control over the item.]
[It is not required that a person own an item in order to possess it. What is
required is that the person exercise control over the item.]
[Possession may be shared with another person. If a person exercises control
over an item, that item is in his or her possession, even though another person may
also have similar control.]
2. The defendant had been convicted of a felony before (date of offense).8
[(Name of felony) is a felony in Wisconsin.]9
[The parties have agreed that the defendant was convicted of a felony before
(date of offense) and you must accept this as conclusively proved.]10
Jury’s Decision
If you are satisfied beyond a reasonable doubt that both elements of this offense have
been proved, you should find the defendant guilty.
If you are not so satisfied, you must find the defendant not guilty.
History
Wis JI-Criminal 1343 (11/2025). Release No. 69. Wisconsin Court System, 11/2025. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
f48cfbb934f0707f475884e128df0c8b6f101dfbb3beff97cb51ff0e004bed92
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