8. Licenses, Firearms, Body Armor, Voting and Jury Service
B. Hunting, Trapping and Fishing Licenses
A. Driver Licenses
Driver licenses may be suspended by the juvenile court as either a direct or indirect consequence of adjudication. It is a direct consequence if “a motor vehicle is involved” in the offense, Wis. Stat. § 938.34(14m); if the adjudication is for a violation of Chapter 961 drug offense Wis. Stat. § 938.34(14r); or if the adjudication is for a bomb threat or possessing a firearm in a school or public building, Wis. Stat. § 938.34(14q).
Suspension of driver licenses is also an indirect consequence of a delinquency adjudication if the youth fails to pay a forfeiture or a victim-witness surcharge. Wis Stat. §§ 938.34(8),(8d)(d).
Finally, if a child is determined to have violated conditions of a delinquency dispositional order, the court may suspend or limit the child’s driver license. If the child does not have a driver license, the court may order the suspension to begin when the child first becomes eligible for the driver license. Wis. Stat. § 938.355(6)(d).
NOTE: Driver license suspensions are also a dispositional option for habitual truancy and school dropout offenses Wis. Stat. §§ 938.342(1g)(a), (2), 938.345(2); and for underage alcohol purchase or possession, having a false ID, and drug paraphernalia violations. Wis Stat. §§ 938.344(2), (2b), (2d), (2e). Driver license suspensions may also occur if there is a violation of a juvenile in need of protections or services (JIPS) dispositional order.
The length of these various driver license suspensions varies considerably. No time frame is given for a Wis. Stat. § 938.34(14m) suspension; for a drug offense disposition under Wis. Stat. § 938.34(14r) the suspension is for at least six months and not more than five years; and if the suspension is for a bomb scare or firearm violation under Wis. Stat. § 938.34(14q) it is for two years. If the driver license suspension is for failure to pay a forfeiture, the length of suspension is for up to two years or until the forfeiture is paid, whichever is less. Wis. Stat. § 938.34(8). If the suspension is for failure to pay the victim witness surcharge, it is for not less than 30 days or more than five years, or until the surcharge is paid, whichever is less. Wis. Stat. § 938.34(8d)(d). For violating a condition of a delinquency order, the suspension may be for up to three years. Wis. Stat. § 938.355(6)(d).
Driving after suspension is illegal, and punishable by a forfeiture of $50 to $200, or more if a person suffered great bodily harm or death while the youth was driving after suspension. Wis. Stat. § 343.34(1)(a),(2)(ag). Reinstatement requires a fee of $60, or $200 if the offense was related to an OWI violation.⁶⁰ The youth has to show proof of insurance, which may be more costly because of the suspension. The youth may have to show proof that they have fulfilled all court requirements and fees and may have to retake the driver’s exam.⁶¹
B. Hunting, Trapping and Fishing Licenses
Hunting, trapping and fishing licenses (referred to as Chapter 29 licenses), may be suspended for up to one year if a child is found to have violated a civil law or ordinance under Wis. Stat. § 938.343(6). Also, if a person fails to pay a court-ordered forfeiture in a civil law or ordinance case, the court can suspend a Chapter 29 license for up to two years, as a sanction for failing to pay the forfeiture.
In a delinquency case, if a child fails to pay a forfeiture or the victim-witness surcharge, the court may suspend any Chapter 29 license for not less than 30 days and up to five years. Wis. Stat. § 938.34(8),(8d).
Suspension of a Chapter 29 license for up to three years is a sanction for failure to comply with a dispositional order in a delinquency case or a JIPS case. Wis. Stat. § 938.355(6)(d)(2).
C. Firearms and Body Armor
It is illegal for a person who has been adjudicated delinquent for a felony-level offense to possess a firearm. Wis. Stat. § 941.29(1m)(bm). The clerk of court is required to notify the DOJ of all felony-level delinquency adjudications, which are then entered into the firearms registry section of the DOJ for purposes of background checks on firearms. Wis. Stat. § 938.396(2g)(n).
However, under Wis. Stat. § 941.29(4m)(8) a juvenile delinquency adjudication does not bar firearm possession if a “court subsequently determines that the person is not likely to act in a manner dangerous to public safety.” The burden of proving “not likely” is by a preponderance of evidence by the person. Wis. Stat. § 938.341. Expungement of a juvenile court order does not remove the firearm restriction, so a separate request to remove the firearm restriction must be made. See Juvenile Court Form JD-1771.
Wis. Stat. § 941.291(2)(c) also prohibits a person who has been adjudicated delinquent for a “violent felony” from possessing body armor. It is possible to obtain a complete or partial exemption from the prohibition, if the applicant can show that they have a “reasonable need to possess body armor” to ensure personal safety, to earn a livelihood, or as a condition of employment, and that the person is likely to use the body armor in a safe and lawful manner. Wis Stat. §§ 938.3415, 941.291(4)(a).
D. Voting
The relevant disqualification excludes only people who are "convicted of" treason, bribery or a felony, therefore, a delinquency adjudication does not make anyone ineligible to vote. If the person is 18 years old, a citizen, and meets residence requirements, they can vote, even if they are still under a dispositional order. Wis Stat. §§ 6.02, 6.03, 938.35(1).
E. Jury Service
The relevant disqualification excludes those “convicted of a felony and has not had his or her civil rights restored”, therefore, a delinquency adjudication does not make anyone ineligible to serve on a jury. If the person is 18 years old, a citizen, and understands English, they can serve on a jury, even if they are still under a dispositional order. Wis. Stat. § 756.02, 938.35(1).
⁶⁰Drivers License Fees, retrieved 3/25/22, State of Wisconsin, Department of Transportation <https://wisconsindot.gov/Pages/dmv/teen-driver/teen-hw-aply/driver-fees.aspx#reinstate>
⁶¹Eligibility and reinstate driving privileges, retrieved 3/25/22, State of Wisconsin, Department of Transportation, <https://wisconsindot.gov/Pages/dmv/license-drvs/susp-or-rvkd/reinstate.aspx>
⁶²Petition for Removal of Firearm Restriction (Juvenile), State of Wisconsin, Circuit Court, JD-1771, Rev. Date 05/2020, <https://www.wicourts.gov/formdisplay/JD-1771.pdf?formNumber=JD-1771&formType=Form&formatId=2&language=en>
