imported post
[align=left]941.2965 Restrictions on use of facsimile firearms.[/align]
[align=left](1) In this section, “facsimile firearm” means any replica, toy,[/align]
[align=left]starter pistol or other object that bears a reasonable resemblance[/align]
[align=left]to or that reasonably can be perceived to be an actual firearm.[/align]
[align=left]“Facsimile firearm” does not include any actual firearm.[/align]
[align=left](2) No person may carry or display a facsimile firearm in a[/align]
[align=left]manner that could reasonably be expected to alarm, intimidate,[/align]
[align=left]threaten or terrify another person. Whoever violates this section[/align]
[align=left]is subject to a Class C forfeiture.[/align]
[align=left](3) Subsection (2) does not apply to any of the following:[/align]
[align=left](a) Any peace officer acting in the discharge of his or her official[/align]
[align=left]duties. Notwithstanding s. 939.22 (22), this paragraph does[/align]
[align=left]not apply to a commission warden.[/align]
[align=left](b) Any person engaged in military activities, sponsored by the[/align]
[align=left]state or federal government, acting in the discharge of his or her[/align]
[align=left]official duties.[/align]
[align=left](c) Any person who is on his or her own real property, in his[/align]
[align=left]or her own home or at his or her own fixed place of business.[/align]
[align=left](d) Any person who is on real property and acting with the consent[/align]
[align=left]of the owner of that property.[/align]
[align=left]History: 1993 a. 191; 1993 a. 491 s. 262; Stats. 1993 s. 941.2965; 2007 a. 27.[/align]
[align=left]941.297 Sale or distribution of imitation firearms.[/align]
[align=left](1) In this section, “look−alike firearm” means any imitation of[/align]
[align=left]any original firearm that was manufactured, designed and produced[/align]
[align=left]after December 31, 1897, including and limited to toy guns,[/align]
[align=left]water guns, replica nonguns, and air−soft guns firing nonmetallic[/align]
[align=left]projectiles. “Look−alike firearm” does not include any imitation,[/align]
[align=left]nonfiring, collector replica of an antique firearm developed prior[/align]
[align=left]to 1898, or any traditional beebee, paint−ball or pellet−firing air[/align]
[align=left]gun that expels a projectile through the force of air pressure.[/align]
[align=left](2) Beginning November 1, 1992, no person may sell or distribute[/align]
[align=left]any look−alike firearm. Whoever violates this subsection[/align]
[align=left]is subject to a Class A forfeiture.[/align]
[align=left](3) This section does not apply to the sale or distribution of a[/align]
[align=left]look−alike firearm that complies with the marking or waiver[/align]
requirements under 15 USC 5001 (b).
emphasis = mine
15 USC 5001 portion thereof
CHAPTER 76 - IMITATION FIREARMS
-MISC1-
Sec.
5001. Penalties for entering into commerce of imitation
firearms.
-End-
-CITE-
15 USC Sec. 5001 01/05/2009
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 76 - IMITATION FIREARMS
-HEAD-
Sec. 5001. Penalties for entering into commerce of imitation
firearms
-STATUTE-
(a) Acts prohibited
It shall be unlawful for any person to manufacture, enter into
commerce, ship, transport, or receive any toy, look-alike, or
imitation firearm unless such firearm contains, or has affixed to
it, a marking approved by the Secretary of Commerce, as provided in
subsection (b) of this section.
(b) Distinctive marking or device; exception; waiver; adjustments
and changes
(1) Except as provided in paragraph (2) or (3), each toy, look-
alike, or imitation firearm shall have as an integral part,
permanently affixed, a blaze orange plug inserted in the barrel of
such toy, look-alike, or imitation firearm. Such plug shall be
recessed no more than 6 millimeters from the muzzle end of the
barrel of such firearm.
(2) The Secretary of Commerce may provide for an alternate
marking or device for any toy, look-alike, or imitation firearm not
capable of being marked as provided in paragraph (1) and may waive
the requirement of any such marking or device for any toy, look-
alike, or imitation firearm that will only be used in the
theatrical, movie or television industry.
(3) The Secretary is authorized to make adjustments and changes
in the marking system provided for by this section, after
consulting with interested persons.
(c) "Look-alike firearm" defined
For purposes of this section, the term "look-alike firearm" means
any imitation of any original firearm which was manufactured,
designed, and produced since 1898, including and limited to toy
guns, water guns, replica nonguns, and air-soft guns firing
nonmetallic projectiles. Such term does not include any look-alike,
nonfiring, collector replica of an antique firearm developed prior
to 1898, or traditional B-B, paint-ball, or pellet-firing air guns
that expel a projectile through the force of air pressure.
(d) Study and report
The Director of the Bureau of Justice Statistics is authorized
and directed to conduct a study of the criminal misuse of toy, look-
alike and imitation firearms, including studying police reports of
such incidences and shall report on such incidences relative to
marked and unmarked firearms.
Don't get caught carrying a "squirt" gun down the streets of Wisconsin. Carry a real gun, they must not be as dangerous. (Facetious)
The lad in this situation was railroaded by the Fond du lac police. As stated in section 941.297 (1) it appears that the intent of the legislature is to exempt BBand/or pellet guns from the definition of look-a-like (facsimile) firearm. Another case of wordsmithing by the LRB? Also another case of paying the fine instead of fighting the law?